PLEASE READ THESE TERMS
OFFERED BY MECCABAY, INC. ("MECCABAY"). THIS AGREEMENT SETS
THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.MECCABAY.COM
(THE "SITE") AND ALL SERVICES PROVIDED BY MECCABAY ON THE SITE.
This Agreement applies
to all users of the Site, including without limitation users who are vendors, customers,
merchants and all other users of the site.
Joining and setting
up a shop on Meccabay is free. Meccabay does not charge any fees for listing an
item for sale. Meccabay will only charge a percentage of the sale price when the
item sells. When you make a sale on Meccabay, you will be charged 5% of the total
sale price. This percentage does not include the shipping price. Meccabay's fees
policy is subject to change and changes to the fees policy and the fees for Meccabay’s
services are effective after Meccabay provides you with at least fifteen (15) days'
notice by posting the changes on the Site. However,
Meccabay may choose to temporarily change the fees policy and the fees for Meccabay's
services for promotional events but such changes are effective when Meccabay posts
the temporary promotional event on the Site. Meccabay may, at Meccabay's sole discretion,
change some or all of Meccabay's services at any time. In the event Meccabay 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).
You are responsible
for paying all fees and applicable taxes associated with using Meccabay including
all the fees which other providers such as the credit card companies and PayPal
might charge for your transactions made on Meccabay.
By listing an item on the Meccabay you warrant that you and all
aspects of the item comply with Meccabay'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 Meccabay shop. 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.
Shop Policies: All sellers are urged
to outline shop policies for their Meccabay shop. These policies may include, for
example, shipping, returns and selling policies. Sellers must create reasonable
policies in good faith and must abide by such policies. All shop policies must comply
with Meccabay's site-wide policies. Sellers are responsible for enforcing their
own reasonable shop policies. Meccabay reserves the right to request that a seller
modify a shop policy.
Other Country Sellers:
There are no restrictions on sellers selling from other countries. The sellers/buyers
can be in other countries and can sell/buy products on Meccabay. All fees are in
US dollars. When paying your fees by credit card, currency conversion is handled
automatically by those services.
Questionable and Infringing Items and Activities
You are solely responsible
for your conduct and activities on and regarding to Meccabay and any and all data,
text, information, usernames, graphics, images, photographs and profiles that you
display on Meccabay.
Your Content and your use of Meccabay shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other
proprietary or intellectual property
rights or rights of publicity or privacy.
Contain items that have been identified by the U.S. Consumer Products Safety Commission
(CPSC) as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate
or intimidate any person (including Meccabay staff or other users), or falsely state
or otherwise misrepresent your affiliation with any person, through for example,
the use of similar email address, nicknames, or creation of false account(s) or
any other method or device
Be obscene or contain any kind of pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
Host images not part of a listing
Modify, adapt or hack Meccabay or modify another website so as to falsely imply
that it is associated with Meccabay;
Appear to create liability for Meccabay or cause Meccabay to lose (in whole or in
part) the services of Meccabay's ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services
that are prohibited under this Agreement or any other policy documents as posted
Furthermore, you may
not list any item on Meccabay (or consummate any transaction that was initiated
using Meccabay's service) that, by paying to Meccabay any listing fee or the final
value fee, could cause Meccabay to violate any applicable law, statute, ordinance
Each Meccabay seller
warrants that his or her use of the site complies with all applicable laws. Beyond
the legal issues, Meccabay members are responsible for making important moral or
ethical decisions regarding what they buy and sell on Meccabay.
Some items are inappropriate
for Meccabay's marketplace, even though they may otherwise meet Meccabay's selling
criteria. You may not list the following types of items on Meccabay:
Non Zabiha Halal
substances, drug paraphernalia
illegal animal products
Items that promote
or glorify hatred, racial, religious intolerance
Items that instruct
others to engage in illegal activity
Additionally, a seller
may not list any item that violates the seller's local laws, including shipping
from the site, and the member's selling privileges may be suspended and/or terminated.
If Meccabay removes an item listing for violating Meccabay policy, the seller is
still obligated to pay the listing fee for that item. Suspended or terminated members
Meccabay will not sell
or disclose your personal information to third parties without your explicit consent.
Meccabay stores and processes Content on computers located in the United States
that are protected by physical as well as technological security.
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MECCABAY'S SUPPLIERS PROVIDE MECCABAY'S
WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. MECCABAY, MECCABAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
AND MECCABAY'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 MECCABAY
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 MECCABAY,
AND (AS APPLICABLE) MECCABAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MECCABAY'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, MECCABAY'S
SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY
INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
AND (AS APPLICABLE) THE LIABILITY OF MECCABAY'S SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO $50. 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 MECCABAY AND (AS APPLICABLE) MECCABAY'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.
Meccabay does not guarantee
continuous, uninterrupted access to the Site, and operation of the Site may be interfered
with by numerous factors outside Meccabay's control.
Meccabay reserves the
right to modify or terminate the Meccabay service for any reason, without notice,
policies at any time, so please review the policies frequently. If Meccabay makes
a material change Meccabay will notify you here or by email or by means of a notice
on our home page or other places Meccabay deems appropriate. What constitutes a
"material change" will be determined at Meccabay's sole discretion, in good faith,
and using common sense and reasonable judgment.