"the website" means all the data provided on, from, or through rumm.ag.
"the user" means you and/or anyone you represent while utilizing the website.
"the agreement" means the following terms of use and privacy statement which govern the relationship between the
website and the user.
By use of the website the user signifies agreement to these terms of use and privacy statement. If the user does not agree to any of these terms of use and/or the privacy statement, do not use the website. The agreement may be updated at anytime. The user is encouraged read through it each time they utilize the site.
To the extent permitted by applicable law, the user agrees to defend, indemnify and hold harmless the website, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneyt's fees) arising from: (i) the use of and access to the website; (ii) the users violation of any term of these terms of use; (iii) the users violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the users content caused damage to a third party. This defense and indemnification obligation will survive these terms of use and the website.
We are not responsible for inability to access the website. We reserve the right to refuse service to anyone and are not obligated to state why.
In order to access some features of the website, the user will need to create an account. The user may never use another's account. The user is responsible for the activity that occurs on that account. The user must notify the website immediately of any unauthorized use of their account. The website is not liable for losses caused by any unauthorized use of the user account.
We make every reasonable effort to collect, verify and represent accurate data. We are not responsible for inaccurate data. This is a crowd sourced site which means other users have the ability to transmit and display information, therefore the user may be exposed to content that they find offensive, indecent, or objectionable, and they agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against the website with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the website, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to the use of the website.
The user understands that the website does not guarantee any confidentiality with respect to any content submitted by the user. The user shall be solely responsible for their own content and the consequences of submitting and publishing the content on the website. The user affirms, represents, and warrants that they own or have the necessary licenses, rights, consents, and permissions to publish content they submit to the website; and they license to the website all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication onto the website pursuant to these terms of use. The website does not permit copyright infringing activities and infringement of intellectual property rights and will remove all content if properly notified that such content infringes on another's intellectual property rights. The website reserves the right to remove content without prior notice.
The user hereby grants the website a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the website (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media format. The above licenses granted by the user in user comments they submit are perpetual and irrevocable.
The website does not endorse any content submitted to the website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the website expressly disclaims any and all liability in connection with content.
This privacy statement details how data about the user is collected/used/disclosed when the user visits our website. If updated, we will revise the date and place a notice on the website. We will only notify the user if a change is material, and/or obtain the user consent as required by law.
We take precautions to prevent unauthorized access to or misuse of data about the user.
We do not run ads other than rumm.ag sales and items posted by our users.
We do not share the user data with third parties for marketing purposes.
We do not engage in cross-marketing or link-referral programs with other sites.
We do not employ tracking devices for marketing purposes.
We do not send the user unsolicited communications for marketing purposes.
The website links to third party sites - please review their privacy policies.
Data we use to provide/improve our services and/or combat fraud/abuse:
data the user posts on the website, or send us directly or via other sites. Please do not post private data.
credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
data the user provides (e.g. email address, name, address, phone, fax, photos, tax ID).
web log data (e.g. pages viewed, access times, IP address, HTTP headers).
data collected via cookies (e.g. keyword searches and "favorites" lists).
data about the user devices (e.g. screen size, DOM local storage, plugins).
data from 3rd parties (e.g. phone type, general location derived from IP address).
Data we store
We retain data as long as needed for our business purposes and/or as required by law.
We make good faith efforts to store data securely, but make no guarantees.
The user may access and update certain data about themselves by logging into the user account.
Circumstances in which we may disclose user data:
to vendors and service providers (e.g. payment processors) working on our behalf.
to respond to subpoenas, court orders, or other legal process.
to protect our rights, property, or safety, or that of our users or the general public.
with the users consent (e.g. if the user authorizes us to share data with other users).
in connection with a merger, bankruptcy, or sale/transfer of assets to another company.
in aggregate or summary form, as long as it cannot reasonably be used to identify the user.
International Users - By visiting the website or providing us data, the user agrees we may use and disclose data we collect for purposes listed here or as communicated to the user, transmit it outside the resident jurisdiction, and store it on servers in the United States.
You are solely responsible for the content that you upload to rumm.ag. If you are not the beneficiary of the rummage sale you organized, you agree to deliver funds to the ultimate beneficiary directly and as soon as possible. In addition, you agree to provide us with any request to verify your compliance with these Terms of Service.
The following are examples of content and/or use that is illegal or prohibited by rumm.ag. This list is not exhaustive and we reserve the right to investigate anyone who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. We further reserve, without limitation, the right to remove the offending content, suspend or terminate the account of such violators, stop payments to any such rumm.ag sales, freeze or place a hold on donations, and report you to law enforcement authorities and/or take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree not to use our services to:
solicit or prostitute sexual favors;
raise funds or establish or contribute to any rummage sale with the purpose of violating law;
start any rummage sales for election campaigns that are not run by a registered organization within the supported country;
upload content or rummage sales that are fraudulent, misleading, inaccurate, dishonest, or impossible;
promote illegal drugs or other products that make health claims that have not been approved or verified by the applicable
governing body, or legal substances that provide the same effect as an illegal drug or any related equipment or paraphernalia;
promote what we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes
associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind;
promote activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S.
sanctions under applicable law;
fund a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
pornography, sexual, offensive, graphic, perverse or sensitive content;
solicitation of credit repair or debt settlement services;
content where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
sale or resale of a service without added benefit to the buyer;
resale of government offerings without authorization or added value;
activities intended to obfuscate the origin of funds and/or donated merchandise;
donate stolen merchandise and/or counterfeit materials without the appropriate authorization from the rights holder;
move products or services that infringe or facilitate infringement upon the trademark, patent, copyright, proprietary or
privacy rights of a third party;
donating merchandise or services that are illegally imported or exported;
collecting or providing funds for any purpose other than as described in rummage sale description;
content that constitutes unsolicited or unauthorized advertising may expose rumm.ag or its users to any harm or liability of
any type;
harvest or collect email addresses or other contact information of other users from the services by electronic or other means;
raise funds for a minor without the express permission of the minor's guardian unless the funds are put into a trust account
for the sole benefit of the minor when he/she is over 18 years of age;
Additionally, with respect to all donations you make or accept through the services, you agree:
not to use our services for the benefit of a country, organization, entity, or person embargoed or blocked by the U.S.
government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
to maintain reasonable and standard security measures in order to protect all information transmitted and received through the
services, including without limitation by adhering to any security procedures and controls required by rumm.ag from time to time;
For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable law;
rumm.ag reserves the right to refuse, condition, or suspend any donations or other transactions that we believe may violate our Terms of Service or harm our users, business partners, the public, or rumm.ag. We may share any information related to your use of the services with the appropriate law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your donors, your donations, and transactions made through or in connection with your use of our services.
Donations: Donors understand that rumm.ag is the legal owner of all donated merchandise at the time it is received. Requests for the return of an item or item(s) must be in writing and may be returned at the sole discretion of rumm.ag and/or it's authorized representatives. Prices and price reductions are set by rumm.ag because we are the legal owners of all merchandise. It is common practice for rumm.ag to allow the previous owners of merchandise and/or their authorized representative to arrange the pick up and transfer of merchandise back to the original owner if the merchandise has not sold within 90 days. After 120 days the merchandise can be disposed of in any fashion that rumm.ag sees fit.
Account Holds:From time to time, rumm.ag may (in our sole discretion) place a hold on a rummage sale (a "Hold" restricting withdrawals (defined herein) by the rummage sale organizer. Some of the reasons that we may place a Hold on a rummage sale accounts include the following:
If you have questions about a Hold we may have placed on your rummage sale or account, or need information about how to resolve the Hold, please contact us at support@rumm.ag
Withdrawing donations from your account: While rumm.ag strives to make Withdrawals available to you promptly, you acknowledge and agree that Withdrawals may not be available to you for immediate use, and rumm.ag does not guarantee that Withdrawals will be available to you within any specific time frame, and rumm.ag expressly disclaims any and all responsibility for any delay or inability to access and use withdrawals at any specified time, and any consequences arising from such delay or inability. You, as a rummage sale organizer, are responsible for ensuring that the information you provide to rumm.ag in order to process a Withdrawal, including your address and or PayPal account, is accurate and up to date.
Dated: April 24, 2019