Rheaply Circulate Terms of Service
Last updated: November 17, 2023
These Rheaply Circulate Terms (the “Circulate Terms”) form a part of, and are incorporated into, the Rheaply Terms of Service, and apply to you, if you use the Circulate Services. Any capitalized terms that are used but not defined in these Circulate Terms have the meaning set forth in the Agreement.
1. CIRCULATE SERVICES.
- Rheaply’s Circulate Service (“Circulate”) is a marketplace that allows users to offer, sell, and buy goods. Rheaply is not a party to contracts for sale between third-party sellers and buyers. Rheaply has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
- Grant of Rights. Subject to the terms and conditions of the Agreement, Rheaply grants you a revocable, non-exclusive right to access and use Circulate as expressly permitted in the Agreement. Users and/or user accounts (whether buyer or seller or both) must be approved by Rheaply in writing (email sufficient) in order to use the Services. Users may be rejected as determined by Rheaply in its sole discretion. You are solely responsible and liable for all activity that happens via your account.
2. RESTRICTIONS AND RESPONSIBILITIES.
- In order to use the Services, the person signing on behalf of the seller or buyer must provide complete and accurate information to all required fields in the Rheaply application/registration form, as well as any other information/documentation identified as being required during or after the account registration process. Once open, you agree to maintain accurate, complete, and up‑to‑date information for your Account. Your failure to maintain accurate, complete, and up‑to‑date account information may result in your inability to access and use the Services, or the termination of your account.
- In connection with using or accessing Circulate you agree to comply with these Circulate Terms, our policies, and all applicable laws, rules, and regulations, and you will not:
- breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies;
- use our Services if you are not are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
- fail to pay for items purchased by you, unless you have a valid reason as set out in a Circulate policy;
- fail to deliver items sold by you, unless you have a valid reason as set out in a Circulate policy;
- manipulate the price of any item or interfere with any other user’s listings;
- transfer your Circulate account (including feedback) and user ID to another party without our consent;
- create listings, post, or upload content in inappropriate categories or areas on our sites;
- 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 Circulate 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 Services for any purpose, except with the prior express permission of Rheaply;
- circumvent any technical measures used to provide our Services.
- interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Circulate application or tool, except as expressly agreed in writing in advance by Rheaply and in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
- 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 Circulate. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Circulate or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
- commercialize any Circulate application or any information, data, or software associated with such application, except with the prior express permission of Rheaply; or
- harvest or otherwise collect or use information about users without their consent.
3. POLICY ENFORCEMENT
- We reserve the right to review your use of Circulate and take any actions we deem necessary or advisable in our discretion to protect us or our users. If we believe you are abusing Circulate and/or our Services 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 Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. In connection with our review of your use of Circulate, we may request information from you. You agree to promptly comply with our requests.
- We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
- Our failure to enforce any part of our terms or policies is not a waiver of our right to do so at a later date.
4. SELLER FEES AND TAXES. If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Circulate. You as a seller agree to comply with Rheaply’s Sales Tax Service and Payment Facilitation Service Terms. You as a seller must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. Alternatively, you authorize us to withhold any fees due to you from amounts payable by the buyer of your items before any amounts are remitted to you. If your payment method fails or your account is past due, we may place restrictions on your account.
5. SELLER LISTING CONDITIONS. When listing an item for sale on our Services, you agree to comply with Circulate’s AUP and also agree that:
- You assume full responsibility for the item offered and the accuracy and content of the listing,
- Your listing may not be immediately searchable by keyword or category for several hours. Rheaply does not guarantee exact listing duration,
- The content you provide complies with all of our listing policies,
- Content that violates any of Circulate’s policies may be modified, obfuscated, or deleted at Rheaply’s sole discretion,
- We may revise data associated with listings to supplement, remove, or correct information,
- Metatags and URL links that are included in a listing may be removed or altered,
- You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Circulate has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services,
- Circulate may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other Rheaply or cooperating third-party operators of websites, applications, services, and tools, and
- Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers; and
6. BUYER PURCHASE CONDITIONS. When buying an item using our Services, you agree that:
- You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,
- You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received,
- We do not transfer legal ownership of items from the seller to you,
- Unless the buyer and the seller agree otherwise, Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, and seller is expressly relieved of liability for any purchased items upon shipment of the purchased item; and
- You may contact a seller directly through the Services: (a) only for legitimate business purposes, such as asking questions about their products or other business related matters, and (b) you will not abuse this feature or use it for any unlawful, or inappropriate purpose, such as spam, marketing, or other promotional activities.
- When you provide content using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision and promotion of our Services. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Circulate Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content by us, our users, or others in contract with us, and in compliance with these Circulate Terms, does not and will not infringe any Intellectual Property Rights of any third party. Circulate takes no responsibility and assumes no liability for any content provided by you or any third party.
- We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Circulate is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
- BUYER SELLER DISPUTE RELEASE. If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Additional Terms.
- The name “Circulate” and other Circulate marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Circulate in the U.S. and other countries. They may not be used without the express written prior permission of Circulate.
- We may amend these Circulate Terms at any time by posting the amended terms on www.Rheaply.com. Our right to amend these Circulate Terms includes the right to modify, add to, or remove terms herein. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Agreement through an electronic click-through.