Information About Us
3. This Website is operated by Hammoq, Inc., a Delaware corporation.
Accessing the Site
6. As part of our Service, we may offer various subscription plans for different levels of services and at different price points, and we shall be at liberty to change them and their features from time to time. If you sign up for a subscription plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.
As part of a subscription plan or a Service purchase, we shall issue you listings redeemable for content on the Service ("Listings"). Listings may only be redeemed on the Service, have no cash value, are non-transferable and non-refundable. All Listings are valid for a limited time as described in the applicable subscription and promotional terms and conditions.
ANY UNUSED LISTINGS SHALL EXPIRE AFTER ONE YEAR FROM THE DATE OF THEIR PURCHASE.
Fees and Renewal
8. Fees for purchased content, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. The fees for subscription plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms.
IF YOUR SUBSCRIPTION PLAN INVOLVES A RECURRING PAYMENT OF A FEE, UNLESS YOU CANCEL YOUR SUBSCRIPTION FROM WITHIN THE APP IT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US, OR A THIRD PARTY THROUGH WHICH YOU TRANSACT (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE FEES AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. A SUBSCRIPTION PLAN MAY BE CANCELLED AT ANY TIME BY UNSUBSCRIBING ON YOUR ACCOUNT PAGE, UNDER THE “MY BALANCE” TAB, BY CLICKING “CANCEL MY SUBSCRIPTION”.
Subscription Freeze and Cancellation
You may cancel your subscription plans by visiting your account details page provided on your “Account Page” under the "My Balance" tab within the app and adjusting your subscription settings and subscription preferences. If you cancel your subscription, you will not receive a refund of any fees already paid. Your subscription benefits terminate when your subscription plan is cancelled, but cancellation will not terminate your license and access to purchased content or Listings.
Termination of Services
Upon your failure to make timely payment of the Subscription Fee or upon material breach any provisions hereunder, we have the right to, immediately and without notice, terminate any Services we provide to you. You hereby acknowledge and agree that we are not liable to you or any third-party for any loss or damages that arise from or in connection with the termination of our Services.
Promotional Trial Subscription Plans
We sometimes offer customers various trial or other promotional subscriptions, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may, at any time (through your Account Details), choose not to continue to the regular priced subscription plans by cancelling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Listings or Content you may have received as part of the offer.
Services and Subscription
To subscribe to our Services, you agree to pay all subscription fees charged to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable (the “Subscription Fee”).
Completion of the Services
Our Services shall be deemed complete upon the earlier of (i) your use of our Listing Description on a third-party website; (ii) correspondence from you stating that you find our Listing Description acceptable, usable, agreeable, satisfactory or any description to that effect; or (iii) after the expiration of 48 hours from the time our Listing Description is sent to you. The 48-hour period shall pause upon your communication of dissatisfaction with our Listing Description, until we send a revised Listing Description. “Listing Description” shall mean a full listing (which includes title, description, pricing and shipping recommendation) generated by us for the item intended to be sold by you, your assigns, or any affiliates, on a third-party platform.
Permitted Use of the Services
When registering, you will be asked to create a password and you will be responsible for maintaining the confidentiality of your password and restricting access to your computer or mobile device. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR USERNAME AND PASSWORD, WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. If you believe that someone has accessed your account without your authorization, please contact us at Support@hammoq.com immediately.
Intellectual Property Rights
Third Party Material
17. You understand that all third party content posted on, transmitted through, or linked from or to the Services is the sole responsibility of the third party originator of such content. Any content on the Services is provided AS IS, and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall we be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content made available by the Services, or to anyone who may be informed of its contents.
Third Party Material
18. The Services may contain material submitted and created by third parties. We exclude all liability for any illegality, error, omission or inaccuracy in such material and we take no responsibility for such material. You acknowledge that we do not screen or approve third-party content, and that we shall have the right (but not the obligation) in our sole discretion to refuse, modify, delete or move any content that is available via the Services, for any reason.
Links From This Site
20. Where the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.
Material Submitted by You
21. By submitting any material to us, you automatically grant us a royalty-free, perpetual, sub licensable, irrevocable license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and waive all your moral rights in such materials. 2. Acknowledge that we are not obliged to publish any material submitted by you. 3. Acknowledge that any material submitted to us is correct and that it is your responsibility to review and confirm that the materials submitted to us and posted by us on your behalf are correct. You acknowledge that any material that we create on your behalf is correct and it is your responsibility to review, and edit any misinformation and confirm that the materials submitted to us and posted by us on your behalf are correct. By hitting “Post”, “Publish”, “List”, “crosslist”, Or having “active list on” etc., you assume full responsibility both in the app and in any third-party marketplaces on or in which it is posted. We strive to make sure all information you provide to us is correctly posted but cannot guarantee that any material posted by us is accurate or free of errors; we are not liable for any misinformation related to any errors made in posting your materials via our Virtual Listing App program. You acknowledge that it is your responsibility to notify us if any material you submitted to the Virtual Listing App contains errors, whether such errors were in the material when submitted or were made when we posted such materials via the Virtual Listing App program. It is your responsibility to make any and all corrections on any third-party marketplace.
You agree not to post any material that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, otherwise objectionable, pornographic, inappropriate, in breach of confidence, in breach of privacy, misleading to others (including consumers); or for which you have not obtained all necessary licenses and/or approvals; or that is intentionally or unintentionally in violation of any applicable local, state, national or international law, or any regulations having the force of law or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You represent and warrant that you own or otherwise control all of the rights to any material you post or submit, and are entirely responsible for all such materials.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of this clause 27.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SITE AND/OR CONTENT THEREON IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE AND/OR CONTENT THEREON. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, GOODWILL, INCOME OR REVENUE, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, OFFICE TIME, MANAGEMENT TIME, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.