This Merchant Agreement (this "Agreement") between you (“Merchant”) and the Blingfeed Inc. (“Blingfeed”, “Company”, “us”, “our”, and “we”) sets forth the following terms and conditions and policies referenced herein and/or available by hyperlink, set forth the legally binding terms and conditions under which Blingfeed Inc. offers you the access to and use of the Blingfeed Inc. SERVICE (the “Service”) through the website located at blingfeed.com, mobile sites and mobile applications operated, owned, branded or made available by BlingFeed Inc. to you from time to time relating to the Blingfeed.com e-commerce platforms, including but not limited to: (a) the web and mobile-optimized versions of the websites identified by the uniform resource locator “www.Blingfeed.com”; and (b) the mobile applications of the BlingFeed e-commerce platform (collectively, the “Sites”).
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 14) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Any new features or tools which are added to the current store shall also be subject to this Agreement. You can review the most current version of the Merchant Agreement at any time on this page. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
1. THE SERVICE
1.1. Charge. The Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement.
1.2. Features. The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Blingfeed.com and notified to you) ("Merchant Account Benefits"):
1.2.1. Create a Merchant Account on Blingfeed Inc. Sites by giving the required business information;
1.2.2. The Merchant agrees to provide true, accurate, complete and current information to register for a Merchant Account;
1.2.3. Allows each merchant to link his existing online store from another e-commerce platform or online marketplace with our Sites to list and sell their products on Blingfeed Inc. Sites;
1.2.4. Allows each merchant to list products on our Sites in accordance with this policy;
1.2.5. Allows each merchant to sell products on our Sites in accordance with this policy;
1.2.6. We reserves the right to display or hide the company profile, products, and postings in accordance to its policies and on its sole discretion;
1.2.7. We reserve the right to hide any and/or all branding/s on the product images and/or product description.
1.2.8. Regardless of the number of products a Merchant has or wish to list, each product is explicitly selected and posted by Blingfeed.com’s team in accordance with its policies and to ensure a better customer experience for its users.
1.3. Blingfeed.com may suspend or terminate all or part of the above Merchant Benefits at any time in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination. Blingfeed.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
1.4. Benefits, features and functions available to a Merchant may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
1.5. The availability of any transactional features and functions on the Sites to any Merchant may be conditional on verification of Merchant’s identity and/or its designated bank account by Blingfeed.com and/or its approved independent third parties.
1.6. Blingfeed.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Blingfeed.com further reserves the right but shall not be obliged to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Blingfeed.com.
1.7. Each Merchant acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Merchant hereby agrees that in no event shall Blingfeed.com be liable to the Merchant or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any losses or damages (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
1.8. Merchants do not have exclusive rights to item exposure on Blingfeed Sites, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, Merchants.
2. MERCHANT OBLIGATION
2.1. Each Merchant hereby represents, warrants and agrees that:
2.1.1. he will provide true, accurate, current and complete information about his rights and ownership of his “Existing Online Store” that he shall declare in the section 2 “Existing Store URL” of the Merchant Registration Form on our Sites;
2.1.2. he has all legal rights and permissions to allow Blingfeed Sites to buy and resell the products listed in his Existing online store that he would register with Blingfeed Sites;
2.1.3. he will be solely responsible for any and all issues and/or disputes that may arise with the third party online e-commerce platform that may host his Existing Online Store registered at Blingfeed Sites.;
2.1.4. he gives all rights and permissions to Blingfeed Inc. to publish any or all products from his existing store on our sites;
2.1.5. he gives all rights to Blingfeed Inc. to sell any/all products published on Blingfeed Sites from his Existing Online Store at a price determined by Blingfeed Inc. at its sole discretion;
2.1.6. he gives all rights and permissions including but not limited to modifying the product details, pricing, shipping, images to Blingfeed Inc. and post them on our Sites for sale;
2.1.7. that he will solely be responsible for any and all conflicts that may arise from using his existing online store by Blingfeed Inc..
2.2. Each Merchant hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Blingfeed.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. To the extent permitted under applicable laws, each Merchant hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Blingfeed.com to display and use all information provided by such Merchant, either directly or through their existing online store, in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
2.3. Each Merchant hereby represents, warrants and agrees that the use by such Merchant of the Service and the Sites shall not:
2.3.1. contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
2.3.2. be part of a scheme to defraud other Merchants or other users of the Sites or for any other unlawful purpose;
2.3.3. infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
2.3.4. impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
2.3.5. violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
2.3.6. contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
2.3.7. contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
2.3.8. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
2.3.9. contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
2.3.10. involve attempts to copy, reproduce, exploit or expropriate Blingfeed.com's various proprietary directories, databases and listings;
2.3.11. involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
2.3.12. involve any scheme to undermine the integrity of the computer systems or networks used by Blingfeed.com and/or any user of the Service and no Merchant shall attempt to gain unauthorized access to such computer systems or networks;
2.3.13. link directly or indirectly to or include descriptions of goods or services or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Service; or
2.3.14. otherwise create any liability for Blingfeed.com or its affiliates.
2.4. Each Merchant represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from such referee to (a) act as such Merchant's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Merchant. Each Merchant further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Merchant's consent to be obtained before third parties may contact the business referees.
2.5. Merchant shall not take any action which may undermine the integrity of Blingfeed.com's feedback system, such as leaving positive feedback for himself using secondary Merchant IDs or through third parties or by leaving unsubstantiated negative feedback for another Merchant.
2.6. Each Merchant acknowledges and agrees that Blingfeed.com reserves the right to, but shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Blingfeed.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Merchant. Each Merchant is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
2.7. Each Merchant represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Sites or provides to Blingfeed.com or authorizes Blingfeed.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Merchant further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Sites or provides to Blingfeed.com or authorizes Blingfeed.com to display.
2.8. If any Merchant breaches the representations, warranties and covenants of paragraphs 2.1, 2.2, 2.3, 2.4, 2.5, 2.6 or 2.7 above, or if Blingfeed.com has reasonable grounds to believe that such Merchant is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Merchant or third party, Blingfeed.com has reasonable grounds to believe that such Merchant has wilfully or materially failed to perform its contract with such third party including without limitation where a Merchant who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where such Merchant has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if Blingfeed.com has reasonable grounds to believe that such Merchant has used a stolen credit card or other false or misleading information in any online transaction, Blingfeed.com has the right to suspend or terminate the Service and all Free Merchant Benefits with respect to such Merchant without compensation and without liability for any losses or damages arising out of or in connection with such suspension or termination, and restrict or refuse any and all current or future use of the Service or any other services that may be provided by Blingfeed.com. Further, Blingfeed.com reserves the right in its sole discretion to place restrictions on the number of product listings that a Merchant can post on the Sites for such duration as Blingfeed.com may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Blingfeed.com to liability, violates this Agreement or the Terms of Service or is otherwise found inappropriate in Blingfeed.com's opinion. Blingfeed.com reserves the right to cooperate fully with governmental and regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted under applicable laws and policies, Blingfeed.com may disclose the Merchant's identity, contact information and/or information regarding the Merchant's account(s), transactions or activities carried out on or via the Sites, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action, and Blingfeed.com shall not be liable for damages or results thereof and Merchant agrees not to bring any action or claim against Blingfeed.com for such disclosure. In connection with any of the foregoing, Blingfeed.com may suspend or terminate the Account of any Merchant as Blingfeed.com deems appropriate in its sole discretion.
2.9. Each Merchant agrees to indemnify Blingfeed.com, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Merchant's use of the Service or from such Merchant's breach of this Agreement or the Terms of Service. Each Merchant further agrees that Blingfeed.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Merchant or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Merchant. Blingfeed.com reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Merchant, in which event the Merchant shall cooperate with Blingfeed.com in asserting any available defenses.
3. PRODUCT LISTING
3.1. Any and/or all products listed on Blingfeed Sites from your existing online store is referred as a “Product Listing”.
3.2. Blingfeed will automatically import product details including but not limited to the product description, product images and customer reviews from the Merchant’s Existing Online Store to Blingfeed Sites and list them for sale.
3.3. The Merchant warrants and agrees that he has every right to allow Blingfeed to import and sell any/or all of the products given in his Existing Online Store. Further, Blingfeed would not be liable for claims of any manner, whatsoever, if being raised by the third party pertaining to exhibiting, listing and/or selling of the Product.
3.4. Each Merchant represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any product material or information provided on his Existing Online Sore or provided to Blingfeed.com or authorized Blingfeed.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Merchant further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Sites or provides to Blingfeed.com or authorizes Blingfeed.com to display.
3.5. Selling products which mimic or allude to the intellectual property of others is prohibited. The Merchant agrees to inform Blingfeed in advance in a written communication via email at firstname.lastname@example.org if he believes any of the product listed on his Existing Online Store is a counterfeit product, violates or possibly mimics to the intellectual property right of others and advice Blingfeed to not list those products. Further, Blingfeed would not be liable for claims of any manner, whatsoever, if being raised by the third party pertaining to any and all intellectual property infringement claims.
3.6. If Blingfeed determine (in its sole discretion) that you are selling counterfeit goods, you agree that, without limiting any of Blingfeed’s rights under this Agreement or at law, Blingfeed may (in its sole discretion) suspend or terminate your selling privileges or the Merchant Account granted to you.
3.7. Each Merchant hereby agrees to the following Product Listing terms:
3.7.1. Blingfeed reserves the right to reject and/or refuse any Product Listing from listing on Blingfeed Sites at its sole discretion;
3.7.2. Blingfeed reserves the right to revise product data associated with listings to supplement, remove, or correct information;
3.7.3. Blingfeed reserves the right to remove any and/or all Merchant and/or product branding from all product images and product information before listing the product on Blingfeed Sites;
3.7.4. Content that violates any of Blingfeed's policies may be modified, obfuscated or deleted at Blingfeed's discretion;
3.7.5. Each Merchant agrees to ensure that the product information provided for each and every product in his Existing Online Store is accurate, current, true and complete at all times;
3.7.6. The Merchant hereby agrees that the product description shall not be misleading in nature, if contrary, the Merchant shall refund and permit us to refund any amounts to the buyer;
3.7.7. Each Merchant agrees to ensure an advance written notification is sent to Blingfeed at email@example.com if he believes any of his product listed on his Existing Online Store violates the Blingfeed policies and therefore, should not listed on Blingfeed;
3.7.8. Blingfeed reserves the rights to list and sell all product at a price solely at its discreation.
3.8. You may not list or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Blingfeed Sites function as a global marketplace; thus the selling or posting of items may be prohibited because of laws outside of the jurisdiction where you reside. Merchants will not offer for sale any Products through the Blingfeed Sites that Blingfeed indicates as prohibited, including without limitation, the Prohibited Products attached hereto as Annexure A. The list of Prohibited Products may be updated by Blingfeed from time to time and Blingfeed will notify notify of such updates by email and/or through the Seller Portal. Merchant agrees to inform Blingfeed in advance in a written email if any of the product in his Existing Online Store violates this term or is a part of the restricted or prohibited product list attached hereto as Annexure A, and shall advice Blingfeed to not list and sell that product on Blingfeed Sites. If no such written email is sent by the Merchant to Blingfeed in advance as a result of which Blingfeed lists and/or sells that product, the Merchant will be solely responsible for any dispute that may arises by any third party whatsoever.
4. INTELLECTUAL PROPERTY
BlingFeed, Inc. (“Blingfeed.com”) respects intellectual property rights of others and we expect our Merchants to honor the same. Blingfeed.com takes a serious stance in dealing with intellectual property infringement claims on our Sites. We also rely on the cooperation of intellectual property rights owners.
4.1. Intellectual Property Right (“IPR”) Protection. Listings of counterfeits, replicas, or other unauthorized items are prohibited on the Site strictly. Listings of offers to sell or purchase counterfeits, replicas, or other unauthorized items shall be subject to removal by Blingfeed.com.
4.2. Repeat violations of our IPR policy may result in a range of actions, including without limitation to:
4.2.1. Removal of listings;
4.2.2. Posting restrictions;
4.2.3. Account suspension;
4.2.4. Termination of Merchants service agreement Blingfeed.com has the full discretion to take any enforcement action anytime for certain extreme / conspicuous situations, such as but not limited to where litigation has already been initiated by intellectual property rights holder.
4.3. Infringement Claims. All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders further agrees to indemnify and hold Blingfeed.com harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
As a neutral e-commerce platform Blingfeed.com does not adjudge conflicting intellectual property infringement claims. Any action taken by Blingfeed.com shall not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from Blingfeed.com and the Site.
4.4. IP Protection Platform (“IPP Platform”). Under certain extreme / conspicuous situations, Blingfeed.com reserves the right to terminate Merchant agreement or service agreement, Merchant account and any and all accounts determined to be related to such an account by Blingfeed.com unilaterally in its discretion and/or to implement other measures that Blingfeed.com considers appropriate. “Extreme / conspicuous situations” include but not limited to:
(a) Where infringing acts committed by user are considered as very serious;
(b) Where litigation has already been initiated or legal demands have been requested by intellectual property rights holder against/to Blingfeed.com;
(c) User being sued by intellectual property rights holder, or being investigated by judiciary, enforcement or administrative authorities with respect to suspected infringements;
(d) Requests from judiciary, enforcement or administrative authorities to terminate any account or take any relevant measures.Blingfeed.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Blingfeed.com, its affiliates or licensors, as the case may be. All rights not otherwise claimed under this Agreement or by Blingfeed.com are hereby reserved.
4.5. "BLINGFEED" and related icons and logos are registered trademarks or trademarks or service marks of BlingFeed Inc., and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
4.6. Each Merchant represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any product material or information provided on his Existing Online Sore or provided to Blingfeed.com or authorized Blingfeed.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Merchant further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Sites or provides to Blingfeed.com or authorizes Blingfeed.com to display.
4.7. Selling products which mimic or allude to the intellectual property of others is prohibited. The Merchant agrees to inform Blingfeed in advance in a written communication via email at firstname.lastname@example.org if he believes any of the product listed on his Existing Online Store is a counterfeit product, violates, or possibly mimics to the intellectual property right of others and advice Blingfeed to not list those products. Further, Blingfeed would not be liable for claims of any manner, whatsoever, if being raised by the third party pertaining to any and all intellectual property infringement claims.
4.8. If Blingfeed determine (in its sole discretion) that you are selling counterfeit goods, you agree that, without limiting any of Blingfeed’s rights under this Agreement or at law, Blingfeed may (in its sole discretion) suspend or terminate your selling privileges or the Merchant Account granted to you.
4.9. If a product is counterfeit or infringes in intellectual property, the Merchant is bound and solely responsible for providing the proof that they are authorised to sell the product.
5.1. The Merchant warrants and agrees that he will only use the customer information provided to him to fulfil the customer order and shall in no way divulge, misuse or reuse that information.
5.2. The Merchant will be liable for any/all misuse of customer information that is directly or indirectly lost or wilfully given by him to a third party.
5.3. The Merchant agrees to destroy a part or all customer data when asked to in writing within a period of 48 hours from the time of such request via email.
6.1. All payments to the Merchant against the product sold on Blingfeed Sites will be made to the Merchant’s Existing Online Store at a price that is current or less than the selling price mentioned on Merchant’s Existing Store product listing and not at the price the product was sold on Blingfeed Sites.
6.2. Merchant agrees to provide all information and materials as may be reasonably required by Blingfeed.com in connection with its transactions made via the transactional platform on the Sites. Blingfeed.com has the right to suspend or terminate any Merchant’s Account if the Merchant fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
6.3. In the event that any Merchant has a dispute with any party to a transaction, such Merchant agrees to release and indemnify Blingfeed.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
6.4. Merchants are hereby made aware that there may be risks of dealing with people acting under false pretences. Blingfeed.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Sites. However, because user verification on the Internet is difficult, Blingfeed.com cannot and does not confirm each free Merchant's purported identity shown on the Sites and can only use reasonable efforts to verify the personal identity of the representative of a seller opening a storefront on www.Blingfeed.com. We encourage you to use the various tools available on the Sites, as well as common sense, to evaluate with whom you are dealing.
6.5. Each Merchant accessing or using the Sites or Service shall fully assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Service . Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Merchant agrees that Blingfeed.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
6.6. Merchants are solely responsible for setting out, agreeing on, entering into and performing all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transactional Services Agreement (and in particular, clause 6.5).
6.7. Merchants are liable for transaction fees arising out of all sales made using some or all Blingfeed Services, even if sales terms are finalized or payment is made outside of Blingfeed or the Merchant’s Existing Online Store.
7.1. Fulfilment Time. The merchant agrees to fulfil all orders in 5 days. If an order is not fulfilled in 5 days, it will be refunded and the merchant agrees to make a 100% refund to Blingfeed including, but not limited to the product cost, transaction fee, taxes or customs (if any), shipping cost.
7.2. The Merchant must provide the correct tracking information for all products. Orders that are fulfilled with fake tracking numbers will be cancelled and in such a case, the Merchant agrees to make a 100% refund to Blingfeed including, but not limited to the product cost, transaction fee, taxes or customs (if any), shipping cost.
7.3. If a product is not delivered to the customer within the given time frame mentioned on Merchant’s Existing Online Store, the Merchant agrees to make a 100% refund to Blingfeed including, but not limited to the product cost, transaction fee, taxes or customs (if any), shipping cost.
7.4. All sales are binding. The Merchant is obligated to fulfil and ship the applicable order in a prompt manner after a sale is made using Blingfeed Services or you otherwise complete the transaction with the applicable buyer. The cost arising from not completing orders in time shall be undertaken by you.
8. REFUND POLICY
8.1. If a product is not delivered to the customer within the given time frame mentioned on Merchant’s Existing Online Store, the Merchant agrees to make a 100% refund to Blingfeed including, but not limited to the product cost, transaction fee, taxes or customs (if any), shipping cost.
8.2. If a product is damaged or broken when delivered to the customer, the Merchant agrees to make a 100% refund to Blingfeed including, but not limited to the product cost, transaction fee, taxes or customs (if any), shipping cost.
8.3. If the product delivered to the customer is not as per the product description mentioned in the product listing on Merchant’s Existing Online Store at the time of sale (transaction/sale on Merchant’s Existing Online Store), the Merchant agrees to make a 100% refund to Blingfeed including, but not limited to the product cost, transaction fee, taxes or customs (if any), shipping cost.
8.4. If the product delivered to the customer is not as per the product description mentioned in the product listing on Merchant’s Existing Online Store at the time of sale (transaction/sale on Merchant’s Existing Online Store), and the Merchant wishes to get back that product from the customer for either replacement, exchange or otherwise, the Merchant agrees to pay the shipping cost, taxes and customs duty for the same.
8.5. The Merchant agrees that Blingfeed at its sole discretion can offer a return or refund (of any or all charges) to the customer if the same is in violation with the terms of this agreement.
9. TAXES; CUSTOM DUTIES & LEGAL COMPLIANCE
9.1. Due to different and applicable tax jurisdictions, buyers may be subject to specific sales tax, customs duty, goods and services taxes (GST) or value-added taxes (VAT). In any jurisdiction where Blingfeed has an obligation to collect taxes on sales made through Blingfeed Sites, we may collect such taxes.
9.2. The Merchant is solely responsible and liable to collect, remit and report all taxes and custom duties associated with a transaction to the proper jurisdiction(s). Blingfeed is not responsible for determining when tax and/or duty should be charged.
9.3. If a tax authority requires Blingfeed to pay any of Merchant’s Taxes, the Merchant will promptly reimburse Blingfeed for the amounts Blingfeed paid and for any losses, expenses, or liabilities Blingfeed paid or incurred related to the tax authority’s demand to Blingfeed.
9.4. The Merchant shall comply with all applicable domestic and international laws, statutes, regulations and ordinances with regards to his use of any Service, including but not limited to your product listing, solicitation of offers to purchase, and sale of items.
9.5. The merchant may be required to provide a valid indirect tax registration number to sell on our Blingfeed Sites, and you may be required to remit indirect taxes as the result of conducting business.
9.6. Upon receipt of a notice, from whatever source, of Claims against Blingfeed for which Merchant is obligated to indemnify Blingfeed, the Merchant immediately will take necessary and appropriate action to protect Blingfeed’s interests with regard to the Claims.
You agree to indemnify and hold Blingfeed (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY TANGIBLE OR INTANGIBLE DAMAGE, LOSS, OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, DELAY IN OPERATION OR TRANSMISSION, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY, ILLEGITIMATE, OR ILLEGAL CONDUCT OF ANY SELLER, MERCHANT, OR USER OF OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. TERM AND TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
14. LEGAL DISPUTES & DISPUTE RESOLUTION
PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH COMPANY AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
14.2. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 2093 PHILADELPHIA PIKE #6673, CLAYMONT, Delaware 19703. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
14.3. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
14.4. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
14.5. Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
14.6. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
14.7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
14.8. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
14.9. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
14.10. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
14.11. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
14.12. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
14.13. Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
14.14. Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
14.15. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
14.16. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within CLAYMONT County, Delaware, for such purpose.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. 16. Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
17. Entire Terms.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
18. GOVERNING LAW AND JURISDICTION
These Terms are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
During the course of your use of the Services, you may receive information relating to us or to the Services that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain Blingfeed's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other person or entity; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.
20. RIGHT TO REFUSE
Blingfeed reserves the right, at its sole discretion, to cancel Merchant accounts and/or to refuse to offer the Services to you, for any (or no) reason and at any time.
21. COPYRIGHT/TRADEMARK INFORMATION
Copyright © 2019 Blingfeed Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
22. If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.
23. CONTACT INFORMATION
Questions about the Merchant Agreement or Terms of Service should be sent to us at email@example.com.
1. Below, we have listed some categories of prohibited or restricted items. HOWEVER, THIS LIST IS NOT INTENDED TO BE EXHAUSTIVE; YOU, AS THE SELLER, ARE RESPONSIBLE FOR ENSURING THAT YOU ARE NOT POSTING AN ITEM THAT IS PROHIBITED BY LAW IN ANY JURISDICTION. Unless otherwise indicated and annotated accordingly below, the list of prohibited or restricted items as listed shall be applicable to both the Blingfeed.com Website and the BlingFeed Website.
2. Blingfeed.com has chosen to also prohibit the posting of items which may not be restricted or prohibited by law but are nonetheless controversial including:
2.1. Items that encourage illegal activities (e.g. lock pick tools, synthetic urine for cheating drug tests);
2.2. Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
2.3. Giveaways, lotteries, raffles, or contests;
2.4. Stocks, bonds, investment interests, and other securities;
2.5. Pornographic materials or items that are sexual in nature;
2.6. Items that do not offer a physical product or service for sale, such as digital currencies and advertisements solely for the purpose of collecting user information.
3. Blingfeed.com, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions.
4. In the event of inconsistency, ambiguity or conflict of the contents of this policy with any other terms of the Blingfeed.com platform, or between the English and other language versions of this policy, the English version and the decision of Blingfeed.com exercised in its absolute discretion shall always prevail.
5. PROHIBITED AND CONTROLLED ITEMS
5.1. ILLICIT DRUGS, PRECURSORS AND DRUG PARAPHERNALIA
5.1.1. Blingfeed.com expressly forbids any and all listing or sale of narcotics, tranquilizers, psychotropic drugs, natural drugs, synthetic drugs, steroids and other controlled substances (including all drugs listed in Schedules I, II, III, IV or V of the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq.). Such activity can result in your account being delisted.
5.1.2. The listing or sale of all drug precursor chemicals (such as those listed in the Convention on Psychotropic Substances of 1971) is strictly prohibited.
5.1.3. Drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance, are strictly forbidden on the Site. Such items include, but are not limited to those items used for the ingestion of illicit substances, including pipes such as water pipes, carburetor pipes, chamber pipes, ice pipes, bongs etc.
5.1.4. The listing or sale of packaging materials which may be utilized to contain controlled substances, materials conducive to smuggling, storing, trafficking, transporting and manufacturing illicit drugs (e.g. marijuana grow lights), publications and other media providing information related to the production of illicit drugs.
5.2. FLAMMABLE, EXPLOSIVE AND HAZARDOUS CHEMICALS
5.2.1. The posting of explosives and related ignition and detonation equipment is strictly prohibited. Such activity can result in your account being delisted.
5.2.2. Radioactive substances, toxic and poisonous chemicals are forbidden on the Blingfeed.com Website and BlingFeed Website.
5.2.3. The posting, offering for sale, or offering for purchase of hazardous or dangerous materials (such as the categories of dangerous goods as defined under the International Maritime Dangerous Goods Code) are forbidden on the Blingfeed.com Website and the BlingFeed Website. (a) Ozone depleting substances are not permitted to be listed. (b) The posting, offering for sale, or offering for purchase of any products containing harmful substances (e.g. items containing asbestos) are forbidden on the Blingfeed.com Website and the BlingFeed Website. (c) Listing of fireworks, firecrackers and associated products are forbidden on the BlingFeed platforms for Relevant Online Transactions.
5.3. FIREARMS AND AMMUNITIONS
5.3.1. Any service, instruction, process, or aid for producing any biological, chemical, or nuclear weapons, or other Weapons of Mass Destruction (WMD) or known associated agents is strictly prohibited by international law and accordingly prohibited on the Site. Any violation of this policy will result in the notification of government authorities by Blingfeed.com and your account being delisted.
5.3.2. The posting of, offering for sale, or offering for purchase of any arms, munitions, military ordnance, weapons (including explosive weapons), and/or any related parts and components (whether integral or otherwise) is strictly prohibited. Such activity can result in your account being delisted.
5.3.3. Blingfeed.com does not permit the posting, offering for sale, or offering of purchase of replica, "look-alike” or imitation firearms, and/or any related parts and components (whether integral or otherwise). This prohibition covers such products as air guns, BB guns, paintball guns, harpoons, spear guns and other weapons that may discharge a projectile containing any gas, chemical, or explosive substance.
5.4.1. Blingfeed.com does not permit the posting, offering for sale, or offering of purchase of weapons that can incapacitate or cause serious physical harm to others (e.g. stun guns, batons, crossbows)
5.4.2. While listing of most knives and other cutting instruments is permitted, switchblade knives, gravity knifes, knuckledusters (bladed or not), bladed handheld devices, and disguised knives are prohibited.
5.4.3. Blingfeed.com maintains discretion over what items are appropriate and may cause removal of a listing that it deems as a weapon.
5.5. GOVERNMENT, LAW ENFORCEMENT AND MILITARY ISSUED ITEMS
5.5.1. The following items are not permitted to be listed: (a) Articles of clothing or identification that claim to be, or appear similar to, official government uniforms. (b) Law enforcement badges or official law enforcement equipment from any public authority, including badges issued by the government of any country. (c) Military decorations, medals and awards, in addition to items with substantially similar designs.
5.5.2. Police uniforms, police insignia and police vehicles may not be posted unless they are obsolete and in no way resemble current issue police uniforms, police insignia and police vehicles. This fact must be clearly stated within the posting description.
5.5.3. There are some police items that may be listed on the Blingfeed.com Website, provided they observe the following guidelines: (a) Authorized general souvenir items, such as hats, mugs, pins, pens, buttons, cuff links, T-shirts, money clips that do not resemble badges, and paperweights that do not contain badges. (b) Badges that are clearly not genuine or official (e.g. toy badges). (c) Historical badges that do not resemble modern law enforcement badges, provided that the item description clearly states that the badge is a historical piece at least 75 years old or issued by an organization which no longer exists.
5.5.4. The following mass-transit related items are not permitted to be listed: (a) Any article of clothing or identification related to transportation industries, including but not limited to, commercial airline pilots, flight attendants, airport service personnel, railway personnel, mass-transit security personnel. Vintage clothing related to commercial airlines or other mass-transit may be listed provided that the description clearly states that the item is at least 10 years old, is no longer in use and does not resemble any current uniform. (b) Manuals or other materials related to commercial transportation, including safety manuals published by commercial airlines and entities operating subways, trains or buses. Such items may only be listed if the description clearly states that the material is obsolete and no longer in use. (c) Any official, internal, classified or non-public documents.
5.5.5. Listing of police equipment and associated products are forbidden on BlingFeed platforms for Relevant Online Transactions.
5.6. MEDICAL DRUGS
5.6.1. The posting of prescription drugs, psychotropic drugs and narcotics is strictly prohibited.
5.6.2. The listing or sale of orally administered or ingested sexual enhancement foods and supplements is prohibited.
5.6.3. Prescription veterinary drugs may not be listed.
5.6.4. Merchants may post OTC (over-the-counter) drugs on the Blingfeed.com Website after provision of appropriate production and sales permits to the Website, while transactions of these products are strictly prohibited to be entered into as a Relevant Online Transaction.
5.7. MEDICAL DEVICES Blingfeed.com does not permit the posting of unauthorized medical devices. Merchants may only post authorized medical devices after provision of appropriate production and sales permits to the Website, while transactions of these products are strictly prohibited to be entered into as a Relevant Online Transaction.
5.8. ADULT AND OBSCENE MATERIALS
5.8.1. The posting or sale of pornographic materials is strictly prohibited, as it violates laws in many countries. While pornography is difficult to define and standards vary from nation to nation, Blingfeed.com will generally follow guidelines accepted in United States.
5.8.2. Items depicting or suggestive of bestiality, rape sex, incest or sex with graphic violence or degradation, and any items depicting or suggestive of sex involving minors, are strictly prohibited.
5.8.3. In determining whether listings or information should be removed from the Blingfeed.com Website and the BlingFeed Website, we consider the overall content of the posting, including images, pictorials, and text.
5.8.4. While sex toys and related products are permitted to be listed, product descriptions may not include nude or otherwise sexually explicit images.
5.9. CIRCUMVENTION DEVICES AND OTHER EQUIPMENT USED FOR ILLICT PURPOSES
5.9.1. Descramblers and other items that can be used to gain unauthorized access to television programming (such as satellite and cable TV), internet access, telephone, data or other protected, restricted, or premium services are prohibited. Stating the item is for educational or test purposes will not legitimize a product that is otherwise inappropriate. Some examples of items which are not permitted include smart cards and card programmers, descramblers, DSS emulators and hacking software.
5.9.2. Similarly, information on "how to" descramble or gain access to cable or satellite television programming or other services without authorization or payment is prohibited. Blingfeed.com's policy is to prohibit any encouragement of this type of activity.
5.9.3. Devices designed to intentionally block, jam or interfere with authorized radio communications, such as cellular and personal communication services, police radar, global positioning systems (GPS) and wireless networking services (Wi-Fi) are prohibited.
5.9.4. The listing or sale of spy equipment and devices used for interception of wire, oral and electronic communications is not permitted on the Site.
5.9.5. Hidden photographic devices are permitted on the Blingfeed.com Website, unless used for sexual or illicit purposes.
5.9.6. Bank card readers and “skimmers” are prohibited from being listed.
5.9.7. Any and all unauthorized circumvention devices not included in the above are also strictly prohibited.
5.10. ILLEGAL SERVICES
5.10.1. Listings claiming to provide government services and related products are strictly prohibited. Examples include: (a) Official government-issued identification documents, such as birth certificates, driving licenses, passports and visas; (b) Completed applications for the abovementioned documents (c) Any materials, equipment or processes designed for use in the production of government-issued identification documents (e.g. driving license holograms, passport booklets). (d) The offering for sale or purchase of textile quota is prohibited on the Blingfeed.com Website and the BlingFeed Website.
5.10.2. The listing or sale of any form of invoices or receipts (including blank, pre-filled, or value added invoices or receipts), is strictly prohibited on the Site.
5.10.3. Blingfeed.com prohibits listings that offer financial services, including money transfers, issuing bank guarantees and letters of credit, loans, fundraising and funding for person investment purposes, etc.
5.10.4. Blingfeed.com prohibits listings for the sole purpose of collecting user information or raising money.
5.10.5. Listings that offer medical or healthcare services, including services for medical treatment, rehabilitation, vaccination, health checks, psychological counselling, dietetics, plastic surgery and massage are prohibited.
5.10.6. The posting or sale of bulk email or mailing lists that contain personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses, is strictly prohibited. Also prohibited are software or other tools which are designed or used to send unsolicited commercial email (i.e. "spam").
5.10.7. Job postings from which a factory/company/institute may directly recruit employees are prohibited on the Site. Blingfeed.com is an online business to business information platform; personal and non-business information is prohibited.
5.10.8. Non-transferable items may not be posted or sold through the Aibaba.com Website and the BlingFeed Website. Many items including lottery tickets, airline tickets and some event tickets may not be resold or transferred.
5.11. COLLECTIONS, ARTIFACTS AND PRECIOUS METALS
5.11.1. Blingfeed.com strictly forbids the sale and purchase of currency, coins, banknotes, stocks, bonds, money orders, credit and debit cards, investment interest, currency in digital or any intangible form (e.g. crypto-currency), as well as the equipment and materials used to produce such items.
5.11.2. Counterfeits of the identified articles in 11.1, legal tender and stamps are strictly prohibited.
5.11.3. Reproductions or replicas of coins as collectible items must be clearly marked with the word "COPY", "REPRODUCTION" or "REPLICA" and comply with all relevant local laws.
5.11.4. Listings that offer the sale or buying of gold, silver and other precious metals (not including jewelry) are prohibited.
5.11.5. Rough diamonds and “conflict minerals” originating from non-compliant countries may not be listed.
5.11.6. Artifacts, cultural relics, historical grave markers, and related items are protected under the laws of the PRC, the United States, and other jurisdictions; and may not be posted or sold through the Blingfeed.com Website.
5.12. HUMAN PARTS, HUMAN REMAINS AND PROTECTED FLORA AND FAUNA
5.12.1. Blingfeed.com prohibits the listing of human body parts and remains. Examples of such prohibited items include, but are not limited to: organs, bones, blood, sperm, and eggs. Items made of human hair, such as wigs for commercial uses, are permitted.
5.12.2. The listing or sale of any species (including any animal parts such as pelts, skins, internal organs, teeth, claws, shells, bones, tusks, ivory，logs, roots and other parts) protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or any other local law or regulation is strictly forbidden on the Blingfeed.com Website and the BlingFeed Website.
5.12.3. The listing or sale of products made with any part of and/or containing any ingredient derived from sharks or marine mammals is prohibited on the Blingfeed.com Website and the BlingFeed Website.
5.12.4. The listing or sale of products made from cats, dogs and bears, as well as any processing equipment, is prohibited on the Blingfeed.com Website and the BlingFeed Website.
5.12.5. The listing or sale of poultry, livestock and pets for commercial purposes is permitted on the Blingfeed.com Website. For the avoidance of doubt, live animals are prohibited from being listed on the BlingFeed Website platforms.
5.13. OFFENSIVE MATERIAL AND INFORMATION DETRIMENTAL TO NATIONAL SECURITY
5.13.1. Any and all publications and other media containing state secrets or information detrimental to national security or public order are prohibited. Such activity can result in your account being delisted.
5.13.2. Any information supporting or advocating infringement of national sovereignty, terrorist organizations or discrimination on grounds of race, sex, or religion is strictly prohibited on the Blingfeed.com Website and the BlingFeed Website. Such activity can result in your account being delisted.
5.13.3. Postings that are ethnically or racially offensive are prohibited on the Site. Sellers and purchasers must ensure that any wording used portrays appropriate sensitivity to those who might read it in their postings, and when they are offering or purchasing potentially offensive items or services.
5.13.4. Occasionally, if materials are of historical value or integral to the item (such as a book title), Merchants may use offensive words and phrases such as "Yang Guizi" in the subject and description of a posting. Blingfeed.com reserves the sole discretion to decide the removal of such items and encourages all Merchants to treat others as they themselves would like to be treated.
5.13.5. Materials advocating, promoting or otherwise supporting fascism, Nazism and other extreme ideologies are strictly prohibited.
5.14. TOBACCO PRODUCTS
5.14.1. The posting of tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco and tobacco leaf is prohibited.
5.14.2. The posting of electronic cigarettes and accessories is permitted, however nicotine and other liquids (e-liquids) for use in electronic cigarettes is forbidden.
5.15. GAMBLING EQUIPMENT The listing or sale of equipment specifically used for gambling is prohibited. Products which have other legitimate uses (such as dice and playing cards) will generally be permitted.
5.16. SANCTIONED AND PROHIBITED ITEMS
5.16.1. Products prohibited by laws, regulations, sanctions and trade restrictions in any relevant country or jurisdiction worldwide are strictly forbidden on Blingfeed.com.
5.16.2. The listing or sale of petroleum, petroleum products and petrochemical products originating in the Islamic Republic of Iran is strictly forbidden.
5.16.3. The listing or sale of coal, iron, iron ore, gold, titanium ore, vanadium ore and rare earth minerals originating in the Democratic People’s Republic of Korea is strictly forbidden.
5.17. OTHER LISTING PROHIBITIONS
5.17.1. The posting of any products containing harmful substances (e.g. toys containing lead paint) is forbidden on the Blingfeed.com Website and the BlingFeed Website.
5.17.2. Automotive airbags are expressly forbidden on the Blingfeed.com Website and the BlingFeed Website due to containing explosive materials.
5.17.3. Refurbished products The sale and purchase of refurbished mobile phones, laptops and computers is prohibited on the Blingfeed.com Website.
5.17.4. Used products (a) Used undergarments may not be listed or sold on the Site. Other used clothing may be listed, so long as the clothing has been thoroughly cleaned. Postings that contain inappropriate or extraneous descriptions will be removed. (b) The listing or sale of used cosmetics is prohibited on the Blingfeed.com Website and the BlingFeed Website.
5.17.5. Contracts and tickets (a) You are responsible for ensuring that your transaction is lawful and not in violation of any contractual obligation. Before posting an item on the Site, you should carefully read any contracts that you have entered into that might limit your right to sell your item on the Site. Some items, such as airline tickets, have terms printed on the item that may limit your ability to sell that item. In other cases, such as when you are distributing a company's products, you may have signed a separate contract restricting your ability to market the product. (b) Blingfeed.com does not search for items that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that posting items in violation of your contractual obligations could put you at risk with third parties. Blingfeed.com therefore urges that you not list any item until you have reviewed any relevant contracts or agreements, and are confident you can legally sell it on the Site. (c) If you have any questions regarding your rights under a contract or agreement, we strongly recommend that you contact the company with whom you entered into the contract and/or consult with an attorney.
5.17.6. Event ticket resale policy Blingfeed.com allows the listing of tickets to performance, sporting and entertainment events to the extent permitted by law. However, as a ticket seller, you are responsible for ensuring that your particular transaction does not violate any applicable law or the terms on the ticket itself.
5.17.7. Real estate A real estate posting allows buyers to contact the seller to get more information and express interest about the property listed. Before you post a listing relating to sale or purchase of real estate, you must ensure that you have complied with all applicable laws and regulations
5.17.8. Stolen property (a) The posting or sale of stolen property is strictly forbidden on the Site, and violates international law. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments. (b) Blingfeed.com supports and cooperates with law enforcement efforts involving the recovery of stolen property and the prosecution of responsible individuals. If you are concerned that the images and/or text in your item description have been used by another Site user without your authorization, or that your intellectual property rights have been violated by such user, please contact our service team at legal@Blingfeed.com.
5.17.9. Alcohol, Food and Beverage (a) The listing of alcohol is prohibited on the BlingFeed Website. (b) The listing of all food and beverages, apart from tea, coffee and dried fruit and nuts, is prohibited on the BlingFeed Website.
5.17.10. Chemical products The posting of any chemical products on the BlingFeed Website is prohibited.
5.17.11. Current prohibitions specific to the Russian platform (Blingfeed.com) include: (a) Products containing images of illicit drugs (e.g. apparel printed with marijuana leaf motifs) (b) Swords (regardless whether the blade is blunt or sharpened) (c) Information or images containing or referring to political figures