These Terms were last updated on October 11, 2013.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Panjo acts as a venue to allow users who comply with Panjo's policies to offer, sell and buy goods. Panjo is not directly involved in the transaction between buyers and sellers. As a result, Panjo has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Panjo does not pre-screen users or the content or information provided by users. Panjo cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Panjo does not transfer legal ownership of items from the seller to the buyer.
Panjo cannot guarantee the true identity, age, and nationality of a user. Panjo encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Panjo is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Panjo. You use the Panjo service at your own risk.
Age: Panjo's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Panjo may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Panjo's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Panjo's policies as stated in the Agreement and the Panjo policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Panjo, each of which is incorporated herein by reference and each of which may be updated by Panjo from time to time without notice to you:
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Panjo you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Right to Refuse Service: Panjo's services are not available to temporarily or indefinitely suspended Panjo members. Panjo reserves the right, in Panjo's sole discretion, to cancel unconfirmed or inactive accounts. Panjo reserves the right to refuse service to anyone, for any reason, at any time.
Panjo may charge fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Panjo's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Panjo's services are effective after Panjo provides you with notice by posting the changes on the Site. However, Panjo may choose to temporarily change the Fees Policy and the fees for Panjo's services for promotional events; such changes are effective when Panjo posts the temporary promotional event on the Site. Panjo may, at Panjo's sole discretion, change some or all of Panjo's services at any time. In the event Panjo introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, Panjo may issue a credit for the applicable fees to a seller's billing statement.
You are responsible for paying all fees and applicable taxes associated with using Panjo. Panjo provides plans for both automatic and manual bill payment as outlined in Panjo's Billing Policy. Panjo will send an invoice to the seller's email address on file detailing the amount due for the prior month's fees and charges. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.
Fees and Termination: If Panjo terminates a listing or your account, if you close your account, or if the payment of your Panjo fees cannot be completed for any reason, you remain obligated to pay Panjo for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, email firstname.lastname@example.org.
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Panjo's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listings. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees.
You are solely responsible for your conduct and activities on and regarding to Panjo and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Panjo.
Restricted Activities: Your Content and your use of Panjo shall not:
Re-Posting Content: By posting Content on Panjo, it is possible for an outside website or a third party to re-post that Panjo. You agree to hold Panjo harmless for any dispute concerning this use. If you choose to display your own Panjo-hosted image on another website, the image must provide a link back to its listing page on Panjo.
Panjo does not control the Content provided by users that is made available on Panjo. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Panjo, you agree to accept such risks and that Panjo (and Panjo's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Panjo. Please use caution, common sense, and practice safe buying and selling when using Panjo.
Other Resources: Panjo is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Panjo does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Panjo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
In the event a dispute arises between you and Pajo, please email email@example.com.
Should you have a dispute with one or more users, or an outside party, you release Panjo (and Panjo's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Panjo encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Panjo, for the benefit of users, may try to help users resolve disputes. Panjo does so in Panjo's sole discretion, and Panjo has no obligation to resolve disputes between users or between users and outside parties. To the extent that Panjo attempts to resolve a dispute, Panjo will do so in good faith based solely on Panjo's policies. Panjo will not make judgments regarding legal issues or claims.
Panjo, and Panjo graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Panjo, Inc. in the U.S. and/or other countries. Panjo's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Panjo may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Panjo is proprietary or is licensed to Panjo by Panjo's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Panjo for any purpose whatsoever, except to the extent expressly permitted by Panjo.
Without limiting any other remedies, Panjo may, without notice, and without refunding any fees, delay or immediately remove Content, warn Panjo's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user.
As a marketplace venue, Panjo's role is to connect buyers with sellers. As a buyer, when you place an order on Panjo, you enter into a transaction with a seller, facilitated by Panjo. We are committed to providing a positive experience for both parties in every transaction on our marketplace. The following describes and explains our Transactions Policy:
A transaction is created when a buyer has completed the checkout process on Panjo. Both the buyer and the seller are sent an email from Panjo about the order and a receipt record in their Panjo account. A transaction is considered complete after the buyer has submitted payment and the seller has shipped the item to the buyer.
We hope that your experience on Panjo is smooth and hassle-free. In the event of a problem with a transaction, Panjo encourages the buyer and seller to resolve the situation through Panjo's message system. There are two types of issues that a buyer may encounter: 1) a case of "non-delivery" or 2) a case of "item not as described," as further described below.
A non-delivery situation arises when a buyer placed an order and submitted payment, but then did not receive the item. Panjo encourages a buyer to first contact the seller via the message system to try and work out the issue. If this is unsuccessful, and if the buyer used PayPal to make the purchase, the buyer should file a claim for refund of purchase under PayPal's policies.
A seller who fails to ship an item, respond to a non-delivery case or settle a disputed transaction in a reasonable manner may be suspended.
An item is "not as described" if it is substantially different than explicitly agreed upon or if it is not fit for its intended use. Panjo encourages a buyer to first contact the seller via the message system to try and work out the issue. If this is unsuccessful, and if the buyer used PayPal to make the purchase, the buyer should file a claim for refund of purchase under PayPal's policies.
A seller who ships an item that is not as described, fails to respond to a case or settle a disputed transaction in a reasonable manner may be suspended.
Non-payment occurs when a buyer did not or cannot complete payment after a transaction has been created. The seller may flag a buyer for a payment not received, chargeback, or canceled payment. The seller may also invoice the buyer in an attempt to collect payment before shipping.
Buyers who routinely do not pay for orders may be subject to review, which can result in suspension of account privileges and/or termination.
We follow the policy outlined below to help buyers and sellers resolve transaction disputes as quickly and fairly as possible.
|Item not as-described or damaged|
|Seller did not ship item / no postal service record it was mailed|
|Lost in the mail / postal service did record it was mailed, but did not arrive|
|Problem not reported to PayPal within the eligible period covered by PayPal's buyer protection|
Sellers agree to complete valid transactions. On occasion, a seller may need to cancel an invalid or void transaction, as defined below. Only the seller in a transaction may cancel the transaction. When applicable, Panjo will issue a credit to the seller for fees related to a cancelled transaction. Sellers are encouraged to keep proof of any refunds provided to buyers in the event a dispute arises over a cancellation.
If a buyer would like to cancel an order, the buyer should contact the seller by Panjo's message system to request cancellation.
The seller may not cancel a transaction for the purpose of avoiding fees or reviews.
The seller may cancel an invalid or void transaction, as defined by these circumstances:
Members who abuse the privilege to cancel transactions may be subject to review, which can result in suspension of account privileges and/or termination. Suspended or terminated members remain obligated to pay Panjo for all unpaid fees.
PANJI, PANJO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND PANJO'S SUPPLIERS PROVIDE PANJO'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PANJO, PANJO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PANJO'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PANJO SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL PANJO, AND (AS APPLICABLE) PANJO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PANJO'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PANJO'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
PANJO'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PANJO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PANJO IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD PANJO AND (AS APPLICABLE) PANJO'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Panjo does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Panjo's control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Panjo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If you have any comments or questions, you may send an e-mail to firstname.lastname@example.org or write to us at: Interactive Innovation Group, Inc. (d/b/a Panjo), 1640 5th St #226, Santa Monica, CA 90401.
For any claim (excluding claims for injunctive or other equitable relief) where the total relief sought is less than $10,000, the party seeking relief may choose binding non-appearance-based arbitration to be conducted in accordance with the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitration shall be conducted before one or more neutral arbitrators mutually agreed upon by you and Panjo in California in the United States of America, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The prevailing party shall be entitled to all reasonable attorney's fees and costs resulting from arbitration that is brought by any party. The arbitration must be conducted via only a combination of phone, the Internet and written submissions (the party initiating arbitration may select the specific manner); the arbitration shall not involve personal appearance by the parties or witnesses unless otherwise mutually agreed; and the arbitrator's judgment may be entered in any court of competent jurisdiction.
These Terms shall be subject to, governed by and construed under the laws of the State of California in the United States of America. Your access to, or use of, the Website or information, materials, products and/or services on the Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the State of California and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Panjo may collect listing fees on behalf of its partners. Each listing on Panjo may be subject to a fee when the listing is published.
Listing fees are added to your Panjo bill. Some partners charge renewal fees. Renewal fees are added to your Panjo bill. If you have more than one of the same item, you can reflect the quantity available in your listing. When a transaction occurs and the listing is not sold out, the listing is automatically renewed at the applicable renewal fee. Multiple quantity fees are added to your Panjo bill. Listing fees will be clearly outlined before you commit to publishing a listing.
When you make a sale on Panjo, you may be charged a transaction fee as a percentage of the item price. Transaction fees will be clearly outlined before you commit to publishing a listing. Transaction fees are added to your Panjo bill.
Panjo offers promotion opportunities to increase the visibility of your items. Promotion fees vary by opportunity. Promotion fees will be clearly outlined before you commit to purchasing a promotion. Promotion fees are added to your Panjo bill.
All fees that are listed on your Panjo bill are in US Dollars. If you list in a currency other than US Dollars, your item price will be converted to US Dollars before fees are applied.
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting any amounts owed from your PayPal account balance. In the event we must initiate and use any collection agency or other agent to collect amounts owed to Panjo, you also agree by using the Site or the Service that these fees may be deducted by Panjo without notice to you from your PayPal account balance. In the event legal action must be taken in order to collect any amounts owed by you for your use of the Site or the Service, you agree to pay any attorney's fees or costs incurred by Panjo in said collection effort.
At the beginning of the month, Panjo will send an invoice to the seller's email address on file detailing the amount due for the prior month's fees and services. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.