By using the Services 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 Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
The Agreement is between you and I START CHANGE, Inc., if you reside in North America or South America; the Agreement is between you and I START CHANGE Ireland, if you reside elsewhere.
If you have any questions, please refer to the Help section of the Site.
1. I START CHANGE is a Venue
I START CHANGE acts as a venue to allow users who comply with I START CHANGE's policies to offer, sell and buy certain goods within a fixed-price format. I START CHANGE is not directly involved in the transaction between buyers and sellers. As a result, I START CHANGE 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. I START CHANGE does not pre-screen users (except for services that require an application) or the content or information provided by users. I START CHANGE cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, I START CHANGE does not transfer legal ownership of items from the seller to the buyer.
I START CHANGE cannot guarantee the true identity, age, and nationality of a user. I START CHANGE 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 I START CHANGE 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 I START CHANGE. You use the I START CHANGE service at your own risk.
2. Membership Eligibility
Age: I START CHANGE'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. I START CHANGE may, in its sole discretion, refuse to offer access to or use of the Services 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 Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use I START CHANGE'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 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 I START CHANGE's policies as stated in the Agreement and the I START CHANGE policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by I START CHANGE, each of which is incorporated herein by reference and each of which may be updated by I START CHANGE from time to time without notice to you:
I START CHANGE Guidelines
Copyright and Intellectual Property Policy
Referral Terms and Conditions
Electronic Communications Policy
Fund on I START CHANGE Funder Policy
Fund on I START CHANGE Seller Policy
In addition, some services offered by I START CHANGE may be subject to additional terms and conditions promulgated by I START CHANGE from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify I START CHANGE of any unauthorized use of your password or any breach of security. You also agree that I START CHANGE cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than I START CHANGE without I START CHANGE's express written permission.
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 I START CHANGE you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your I START CHANGE account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: I START CHANGE's services are not available to temporarily or indefinitely suspended I START CHANGE members. I START CHANGE reserves the right, in I START CHANGE's sole discretion, to cancel unconfirmed or inactive accounts. I START CHANGE reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up a shop on I START CHANGE is free (excluding additional sales channels on I START CHANGE that may have separate fees). I START CHANGE charges 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 and decide whether you would like your listings to be automatically renewed. I START CHANGE's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for I START CHANGE's services are effective after I START CHANGE provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, I START CHANGE may choose to temporarily change the Fees Policy and the fees for I START CHANGE's services for promotional events (for example, free listing days); such changes are effective when I START CHANGE posts the temporary promotional event on the Site. I START CHANGE may, at I START CHANGE's sole discretion, change some or all of I START CHANGE's services at any time. In the event I START CHANGE 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, I START CHANGE 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 I START CHANGE. I START CHANGE provides plans for both automatic and manual bill payment as outlined in I START CHANGE’s Billing Policy. I START CHANGE 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 I START CHANGE terminates a listing or your account, if you close your account, or if the payment of your I START CHANGE fees cannot be completed for any reason, you remain obligated to pay I START CHANGE 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, contact I START CHANGE.
4. Listing and Selling
Listing Description: All listings on I START CHANGE must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with I START CHANGE'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 I START CHANGE 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 with appropriate tags. 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 I START CHANGE shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with I START CHANGE's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. I START CHANGE reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. 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 may not alter the item's price after a sale for the purpose of avoiding I START CHANGE transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to I START CHANGE 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 I START CHANGE.
Restricted Activities: Your Content and your use of I START CHANGE 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 (see also, I START CHANGE's Copyright and Intellectual Property Policy)
Violate this Agreement, I START CHANGE Guidelines, Seller Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
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 I START CHANGE 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
Interfere with a seller’s business or shop
Take any action that may undermine online reviews or feedback
Be obscene or contain child 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 information
Host images not part of a listing
Modify, adapt or hack I START CHANGE or modify another website so as to falsely imply that it is associated with I START CHANGE;
Appear to create liability for I START CHANGE or cause I START CHANGE to lose (in whole or in part) the services of I START CHANGE's ISPs or other suppliers
Re-Posting Content: By posting Content on I START CHANGE, it is possible for an outside website or a third party to re-post that Content. You agree to hold I START CHANGE harmless for any dispute concerning this use. If you choose to display your own I START CHANGE-hosted image on another website, the image must provide a link back to its listing page on I START CHANGE.
Idea Submissions: I START CHANGE considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and I START CHANGE shall not be liable for the disclosure or use of such Material. If, at I START CHANGE's request, any member sends Material to improve the site (for example through the Forums or to customer support), I START CHANGE will also consider that Material to be non-confidential and non-proprietary and I START CHANGE will not be liable for use or disclosure of the Material. Any communication by you to I START CHANGE is subject to this Agreement. You hereby grant and agree to grant I START CHANGE, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
I START CHANGE does not control the Content provided by users that is made available on I START CHANGE. 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 I START CHANGE, you agree to accept such risks and that I START CHANGE (and I START CHANGE's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on I START CHANGE. Please use caution, common sense, and practice safe buying and selling when using I START CHANGE.
Other Resources: I START CHANGE is not responsible for the availability of outside websites or resources linked to or referenced on the Site. I START CHANGE 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 I START CHANGE 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.
Users may use the Services to arrange, host and attend online or in-person meetings or events ("Meetings") with one or more individuals. Users must comply with I START CHANGE's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person.
I START CHANGE is not responsible for and does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand and agree that I START CHANGE does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on I START CHANGE may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. I START CHANGE IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO I START CHANGE; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY I START CHANGE, AND I START CHANGE HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT I START CHANGE IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, I START CHANGE USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
Disputes with I START CHANGE: In the event a dispute arises between you and I START CHANGE, please contact I START CHANGE. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and I START CHANGE agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, I START CHANGE encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on I START CHANGE, they may choose to participate in I START CHANGE’s case system in order to resolve the dispute. Cases are escalated for review and resolution by I START CHANGE. I START CHANGE provides its dispute resolution process for the benefit of users. I START CHANGE does so in I START CHANGE's sole discretion, and I START CHANGE has no obligation to resolve disputes between users or between users and outside parties. To the extent that I START CHANGE attempts to resolve a dispute, I START CHANGE will do so in good faith based solely on I START CHANGE's policies. I START CHANGE will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release I START CHANGE (and I START CHANGE'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 disputes with one or more users, or an outside party.
10. I START CHANGE's Intellectual Property
I START CHANGE, and other I START CHANGE graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of I START CHANGE, Inc. in the U.S. and/or other countries. I START CHANGE'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.
11. Access and Interference
Take any action that imposes, or may impose, in I START CHANGE's sole discretion, an unreasonable or disproportionately large load on I START CHANGE's infrastructure
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Bypass I START CHANGE's robot exclusion headers or other measures I START CHANGE may use to prevent or restrict access to I START CHANGE
Without limiting any other remedies, I START CHANGE may, without notice, and without refunding any fees, delay or immediately remove Content, warn I START CHANGE'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 if any of the following apply:
I START CHANGE reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on I START CHANGE.
14. No Warranty
I START CHANGE, I START CHANGE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND I START CHANGE'S SUPPLIERS PROVIDE I START CHANGE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. I START CHANGE, I START CHANGE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND I START CHANGE'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 I START CHANGE 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.
15. Liability Limit
IN NO EVENT SHALL I START CHANGE, AND (AS APPLICABLE) I START CHANGE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR I START CHANGE'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, I START CHANGE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
I START CHANGE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF I START CHANGE'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 I START CHANGE 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 I START CHANGE AND (AS APPLICABLE) I START CHANGE'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.
17. No Guarantee
I START CHANGE does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside I START CHANGE's control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any I START CHANGE service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on I START CHANGE's net income).
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.
20. No Agency
You and I START CHANGE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. I START CHANGE Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (I START CHANGE's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
For issues with intellectual property, please provide the notice as specified in I START CHANGE's Copyright and Intellectual Property Policy.