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Smashion Market Agreement

Welcome to smashion.com, a community Web site for fashion lovers (the "Site"). The Smashion service and network (collectively, "Smashion" or "the Service") are operated by Smashion LLC (collectively, "us", "we" or "the Company"). The Service provides a platform ("Smashion Market" or the "Market") for third-party sellers ("Seller" or collectively "Sellers") to sell fashion-related merchandise and for Sellers and buyers ("Buyer" or collectively "Buyers") to complete transactions. Any person who wants to sell items on Smashion Market must accept the terms and conditions of this Smashion Market Agreement (the "Agreement") without change, as part of and in addition to the Smashion Terms of Service. By registering for and using the Service, you agree to be bound by all terms and conditions of this Agreement, and all policies and guidelines of the site that are incorporated by reference.

The Company reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Service, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICE FOLLOWING SMASHION'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICE OR THIS SITE.

Effective Date

This Agreement is effective as of April 15th, 2009.
The date of last revision is April 15th, 2009.

Smashion Market

Smashion Market is a venue for Sellers and Buyers to conduct fixed price sales. We are not directly involved in the actual transaction between Sellers and Buyers and are not the agent of and have no authority for either for any purpose. We do not pre-screen items listed on Smashion Market. We have no control over and do not guarantee the quality, safety or legality of listed items, the truth or accuracy of users content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Massachusetts General Laws and Uniform Commercial Code. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

As a Seller or a Buyer, you understand and agree that you use the Site and the Service at your own risk.

Eligibility

Use of the Site and Service is limited to individuals who can enter into and form legally binding contracts under applicable law. You represent that you have all requisite right, power and authority to enter into this Agreement and perform your obligations hereunder.

To become a Seller, you must set up a Seller Account and provide your real name, address, phone number, and a valid PayPal account email address. You agree to keep your seller and personal account information up-to-date and accurate at all times. In the future and at its sole discretion Smashion may require additional information from a Seller to maintain the Seller Account, such as a valid credit card number.

Rules for Listings

As a Seller, you may list on the Site any fashion-related item that you may legally sell, either in brand new or used condition, at a fixed price, unless it is prohibited by this Agreement or related policies and guidelines, or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent.

You represent and warrant that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. Except noted as exceptions, Sellers cannot:

• Engage in search and browse manipulation, including but not limited to: listing items in inappropriate categories, using inappropriate tags, creating a listing title or description that does not accurately describe the item for sale, and any activity that Smashion deems as inappropriately diverting members to a listing or harming the browse and search experience for Buyers.
• Charge excessive shipping or handling fees or use shipping and handling fees to make up for a low listing price.
• Mislead the item location.
• Offer the Buyers to purchase the items outside of Smashion.

Violations of the listing rules may result in a range of actions including any or all of: listing cancellation, account suspension and loss of preferred member status.

Payment Processing

Smashion currently utilizes PayPal® to process payments from Buyers to Sellers. Sellers must have a valid PayPal account in order to sell and receive payments. Buyers may use major credit cards or PayPal accounts to make payments.

We are not affiliated with PayPal. Should you have any issues with sending money to or receiving money from your transaction partner via PayPal, please contact PayPal customer service directly.

We reserve the right to offer alternative transaction processing capabilities in the future.

Free Selling

Selling on Smashion is FREE. We charge NO listing fee, transaction fee, or any other types of fee. Signing up a Seller Account and setting up a store front on Smashion is also free.

PayPal will charge the seller for receving payment in the seller's PayPal account. PayPal's fee schedule is published here.

Smashion reserves the right to change the fee schedule in the future.

Binding Obligations

The Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. The Seller agrees to, within 2 business days of receiving Buyer's payment, ship the item to the shipping address the Buyer entered on the order form, unless there is an exceptional circumstance. For local pickup items, the Seller agrees to make arrangement with the Buyer for pickup within 2 business days of receiving Buyer's payment.

Once a Buyer clicks the "Submit Order" button in the shopping bag, the Buyer is obligated to make payment for the items purchased, unless there is an exceptional circumstance, in which case the Buyer must contact the Seller immediately.

Both Seller and Buyer agree to complete the transaction as described by this Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

Sales, Use, or Similar Taxes

You agree that it is the Seller's responsibility to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that Smashion is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.

Disputes and General Release

Because Smashion is not involved in transactions between Buyers and Sellers or other participant dealings, if a dispute arises between one or more users, each of you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Smashion is not the agent of either Seller or Buyer for any purpose. Smashion will not act as either party's agent in connection with resolving any disputes between users related to or arising out of any transaction. Smashion encourages Sellers and Buyers to cooperate with each other to resolve such disputes.

Reservation of Rights

We retain the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion.

Other Provisions

Please see the Terms of Service for additional provisions.