Fluorescene Group Marketplace Terms of Service
User Agreement
This User Agreement (“Agreement”) is between you and Schedgehog LLC (“Schedgehog”) and sets out the terms on which we will offer you access to and use of our marketplace platform (“Marketplace Platform”) to sell your products. You agree to comply with all of the terms and conditions in this Agreement when accessing or using our Marketplace Platform. Sales are between the buyer and seller.
2. Using our Marketplace Platform
In connection with using or accessing our Marketplace Platform you will not:
Post, list or upload content or items in inappropriate categories or areas;
Breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
Use our Marketplace Platform if you are not able to form legally binding contracts (for example, if you are under 18 years old in the U.S.), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
Fail to deliver items sold by you, unless you have a valid reason, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
Manipulate the price of any item or interfere with any other user's listings;
Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm our Marketplace Platform or the interests or property of users;
Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Marketplace Platform for any purpose, except with the prior express permission of Schedgehog;
Interfere with the working of our Marketplace Platform, or impose an unreasonable or disproportionately large load on our infrastructure;
Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Schedgehog;
Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Marketplace Platform or post content that does not belong to you;
Harvest or otherwise collect information about users without their consent; or
Circumvent any technical measures we use to provide our Marketplace Platform.
If we believe you are abusing our Marketplace Platform in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Marketplace Platform, delay or remove hosted content, remove you from the community or take other technical and/or legal steps to prevent you from using our Marketplace Platform.
YOU UNDERSTAND AND AGREE THAT BY USING OUR MARKETPLACE PLATFORM, THIS IS AN EXCLUSIVE ARRANGEMENT. IF YOU USE OUR MARKETPLACE PLATFORM TO SELL YOUR PRODUCTS, YOU MAY NOT OFFER THE SAME, EXACT PRODUCTS ON ANY OTHER SITE.
3. Fees
Schedgehog charges a non-refundable fee of 8% of the purchase price to use our Marketplace Platform to sell your products. This fee will be automatically taken off the purchase price at the time of purchase. The seller, not Schedgehog, is responsible for any taxes on such sales.
Seller payouts are released only after buyer inspection and dispute windows have closed. Payout timing may be delayed, particularly for high-value, shipped, or used items, in order to manage dispute and chargeback risk.
4. Listing Conditions
When listing an item, you agree to comply with the following policies:
You are responsible for the accuracy of the description for all products you offer;
Content that violates any of our policies may be modified, obfuscated or deleted at Schedgehog's discretion;
We may revise product data associated with listings to supplement, remove, or correct information; and
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
Unless expressly stated otherwise, used items are sold “AS IS” and “WITH ALL FAULTS,” and no guarantees are made regarding condition, functionality, or performance.
5. Content
When providing content respecting your products, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) that you have in such content in connection with our provision, expansion, and promotion on our Marketplace Platform, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Schedgehog any of your Intellectual Property Rights in the content you use in connection with offering your products on our Marketplace Platform.
6. Representations and Warranties
You represent and warrant that, for all such content you provide when using our Marketplace Platform, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that you will deliver all products offered for sale by you, unless you have a valid reason to not deliver them. You represent and warrant that if you offer any products on our Marketplace Platform that these products will not be offered on any other site. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us and in compliance with this Agreement, does not and will not infringe any third party’s Intellectual Property Rights. Schedgehog takes no responsibility and assumes no liability for any content provided by you.
You further represent and warrant that items are properly packaged, shipped, and insured where appropriate, and that failure to pursue or qualify for carrier insurance claims does not transfer liability to Schedgehog.
7. Disclaimer of Warranties; Limitation of Liability
We try to keep our Marketplace Platform safe, secure, and functioning properly, but we cannot guarantee continuous operation or access. The service is provided on an “AS IS” and “AS AVAILABLE” basis.
To the extent permitted by applicable law, we exclude all express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by applicable law, we are not liable for any damages or losses resulting directly or indirectly from:
The content you provide using our Marketplace Platform;
Your use of or inability to use our Marketplace Platform;
Delays or disruptions in our Marketplace Platform;
Viruses or other malicious software;
Glitches, bugs, errors, or inaccuracies;
Damage to your hardware device;
The actions or inactions of third parties; or
Account suspension or enforcement actions taken due to breach of this Agreement.
Some jurisdictions do not allow certain exclusions, so these may not apply to you.
8. Indemnity
You will indemnify and hold harmless Schedgehog (including its affiliates, officers, directors, employees, and agents) from any claim or demand arising out of your breach of this Agreement, misuse of the Marketplace Platform, or violation of any law or third-party rights.
Sellers are fully financially responsible for all refunds, disputes, and chargebacks arising from their transactions. If any dispute or chargeback results in funds being debited from Schedgehog, the seller agrees to reimburse Schedgehog for the full amount of the loss, including chargeback fees and administrative costs.
9. General
This Agreement is governed by the laws of the State of Maryland, without regard to conflict of law principles. Any disputes shall be exclusively resolved in the federal or state courts located in Maryland, and you consent to such jurisdiction and venue.
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.
Headings are for convenience only and do not limit the scope of any section. Failure to enforce any provision does not waive future enforcement.
This Agreement constitutes the entire agreement between you and Schedgehog and supersedes all prior understandings and agreements.
