MyThings - Terms Of Use
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MyThings User Agreement (v1.9

Last Update: December 6, 2007

This website (the "Website"), which is located at www.mythings.com is owned and operated by MyThings Inc ("MyThings", "we", "us" and "our"). These terms and conditions of use ("User Agreement") govern the terms and conditions on which you (the "User") may access and use the Website and its content. This User Agreement is effective as of December 6, 2007.

By using the Website, you acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy. If you do not agree to this Agreement or the Privacy Policy, you should not use or access the Website. If you register as a member of MyThings, the terms and conditions that you enter into as part of the registration process, together with this Agreement, will govern your use of the Website.

1. Eligibility to use the Website. You must be 14 years or older to use the Website. If you are between 14 and 17 years old (inclusive), you may only use the Website with the consent of a parent or guardian and by accessing and using the Website, you are affirmatively stating that you are 14 years or older and that you are using the Website with the consent of a parent or guardian.

2. Privacy Policy. MyThings takes your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Please read our Privacy Policy carefully here.

3. Your Conduct. You shall not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that the Internet is not secure and that you, and not MyThings, are responsible for all electronic communications and content sent from your computer to MyThings and you must use the Website for honest and lawful purposes only. You must not use the Website in connection with any of the Prohibited Activities set forth on Exhibit A to this Agreement, which is attached hereto and made part of this Agreement. You understand that MyThings reserves the right to prohibit your access to the Website in the event that you engage in one or more of the Prohibited Activities set forth on Exhibit A.

4. Intellectual Property Ownership

4.1 Website Content. MyThings and its licensors own and retain all rights, including all intellectual property rights, in all content included on the Website (other than content posted on the Website by registered users), including graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and all other content or material capable of protection under applicable intellectual property and other laws (collectively the “Content”). All Content posted, displayed, or available on the Website, including any compilation of the Content, is the exclusive property of MyThings and is protected by applicable intellectual property laws. By posting any Content on the Website, you grant MyThings a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such Content on the Website. This licence will terminate in respect of any Content when you remove such Content from the Website, though we shall be entitled to retain archive copies of any Content.

You represent and warrant that (a) you own the Content posted by you on the Website or otherwise have the right to grant the above licence to MyThings and (b) the posting of such Content on the Website does not infringe the intellectual property or other rights of any person. You are solely responsible for any Content you post on the Website and any material or information that you transmit to other Members. You may not post any Prohibited Content on the Website.

4.2 Copyrights. All Content posted, displayed, or available on the Website is copyrighted, unless otherwise noted, and may not be used except with the express written consent of MyThings. Unless otherwise agreed in writing by MyThings, you may not copy, display, or post any Content offered via the Website on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices posted on the Website or on any Content posted, displayed, or made available on the Website. To notify MyThings of claimed copyright infringement in accordance with Section 512 of the United States Copyright Act, please contact: support@mythings.com

4.3 Trademarks. All trademarks, service marks, trade names, logos, designs, slogans, or other identifiers of source (collective the “Marks”) that appear on the Website are proprietary to MyThings, or other respective owners (as set forth expressly on the Website). You may not display or reproduce the Marks other than with the prior written consent of MyThings, and you may not remove or otherwise modify any trademark notices posted on the Website or on any Content posted, displayed, or made available on the Website.

4.4 License to User. MyThings grants you a limited, revocable, personal, non-transferable and non-exclusive licence to access and make personal use of the Website in strict accordance with the terms and restrictions of this Agreement. You shall not (a) download (other than page caching as part of your browser's normal operations), copy or modify the Website or any portion of the Website; (b) participate in or facilitate any resale or commercial use of the Website or the Content; (c) participate in or facilitate any collection and non-personal use of any product listings, descriptions or prices posted, displayed or made available on the Website; (d) prepare any derivative works of the Website or the Content; (e) participate in or facilitate any use of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-use any material portion or proprietary part of the Website; (f) publish, distribute, or otherwise transfer any material portion or proprietary part of the Website or Content; (g) create your own database that reproduces a material portion or proprietary part of the Website or any Content; or (h) violate any of MyThings’ exclusive rights under Section 106 of the United States Copyright Act. All rights not specifically granted herein by MyThings are withheld and retained by MyThings.

4.5 You may link to the Website at its homepage (www.mythings.com) only. You may not use framing techniques to enclose any page or part of any page of the Website, trade mark, logo or other proprietary information (including images, text, page layout or form) on the Website. You may not use any metatags or any other "hidden text" using MyThings' names or trade marks. You may not directly link to any page other than the homepage. MyThings reserves the right to edit or delete any Content on the Website. However, MyThings assumes no responsibility for monitoring the Website for inappropriate third party content or conduct and does not endorse, confirm the validity of or have control over content posted by registered members or third party advertisers, partners or trading affiliates. Please Report Misuse immediately by clicking on the link at the bottom of every page if you become aware of any offensive, harmful or deceptive material on the Website.

5. MyThings Valuations. You may submit items to the Website and request an estimate of the value of such items (the “MyThings Valuation”). You may also participate in the MyThings Valuation Game which allows you to guess the value of an item, enter your guess onto the Website and see how close you were to the MyThings Valuation. This game is for personal interest only and no prizes are offered to users.

6. Information Control. MyThings cannot and does not confirm the validity of information which registered users of the Website, third party advertisers, partners or trading affiliates post on or otherwise make available through the Website (including, without limitation, descriptions of items posted by registered users themselves or downloaded from third party websites). MyThings does not confirm the validity or accuracy of the MyThings Valuations. These are for personal interest purposes only and should not be used or relied upon for any other purpose whatsoever. You may find information on the Website to be offensive, harmful, inaccurate or deceptive. By using the Website, you agree to accept such risks and agree that MyThings is not responsible for the acts and omissions of users of the Website, Third Party Providers, third party advertisers, third party trading affiliates, or other third party partners.

7. Third Party Providers. Where you purchase goods or services from a Third Party Provider using the Website, you will enter into a direct contract with the relevant Third Party Provider unless stated otherwise. MyThings does not review listings provided by Third Party Providers, never owns the Third Party Providers' products or services offered on the Website, and is not involved in transactions between you and a Third Party Provider unless it clearly states otherwise. Your purchase will be subject to the terms and conditions of sale of the relevant Third Party Provider and will not be subject to this Agreement.

8. Prize Contests. MyThings may from time to time run prize contests on the Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time and will, together with this User Agreement, govern your participation in the relevant contest.

9. Changes to this Agreement. MyThings reserves the right, in its sole and arbitrary discretion, to change, modify, add or delete any part of this Agreement at any time without further notice. If we do make any such changes, we will post the changes to this Agreement on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Agreement. You are responsible for regularly reviewing this Agreement so that you will be aware of any changes.

10. Internet and Website Access. We try our best to ensure that availability to the Website is uninterrupted and that the Website is error-free. However due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. MyThings reserves the right to refuse access to the Website or any part of it at any time either to groups of users, individual users or generally. MyThings shall not be responsible for any connection or access to the Website by you or the quality of the transmission of any information passing between you and the Website. Whilst we take every precaution to ensure that the Website is free from viruses, pop-ups and other malicious software, these may be contained within third party websites linked to the Website and you must therefore take all reasonably prudent steps to protect your computer software and hardware.

11. Exclusion of Warranties. MYTHINGS GIVES NO WARRANTIES WHATSOEVER IN RELATION TO THE WEBSITE OR ANY CONTENT, THIRD PARTY CONTENT, PRODUCTS OR SERVICES POSTED, DISPLAYED OR MADE AVAILABLE ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE MYTHINGS VALUATIONS). MYTHINGS EXCLUDES TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES AS TO FREEDOM FROM COMPUTER VIRUS, WARRANTIES OF TITLE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MYTHINGS EXPRESSLY DISCLAIMS THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR OTHERWISE RELIABLE, THAT DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT OF THE WEBSITE IS LAWFUL, CORRECT OR ACCURATE. TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY OF THE ABOVE-MENTIONED WARRANTIES, THE ABOVE DISCLAIMERS WILL NOT APPLY TO YOU.

12. Limitations of Liability.

12.1 MYTHINGS EXCLUDES LIABILITY AND RESPONSIBILITY FOR ANY LOSS THAT MIGHT RESULT TO YOU OR A THIRD PARTY ARISING FROM OR IN CONNECTION WITH: (A) THIRD PARTY ACTION OR ERROR; (B) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY PART OF IT OR THE RESULTS OF A SEARCH ON THE WEBSITE; OR (C) THE NATURE, ACCURACY, RELIABILITY OR TRUTH OF CONTENT OR MATERIAL ON THE WEBSITE POSTED BY ANY REGISTERED USERS OR (D) THE ACCURACY OR RELIABILITY OF THE MYTHINGS VALUATIONS.

12.2 MYTHINGS EXCLUDES ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, LOSS OF DATA, EXPECTED BENEFIT, GOODWILL OR OTHER INTANGIBLE LOSSES, AND LIABILITY TO THIRD PARTIES) WHETHER BASED IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY SUSPENSION OR TERMINATION OF THE WEBSITE. TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF THE ABOVE DAMAGES, THE ABOVE LIMITATION AND EXCLUSIONS WILL NOT APPLY TO YOU.

12.3 IN NO CIRCUMSTANCES SHALL MYTHINGS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100 U.S.).

13. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS MYTHINGS' LIABILITY FOR DEATH OR PERSONAL INJURY OR FRAUD BY MYTHINGS.

14. Indemnity. You agree to indemnify and hold harmless MyThings, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website or any breach by you of this Agreement.

15. Entire Agreement / Waiver. Except with regard to your agreement to the Privacy Policy, this Agreement represents the entire agreement between you and MyThings in relation to your use of the Website (including its content), and it supersedes all prior or contemporaneous communications (whether in writing, oral or electronic) between you and MyThings with respect to the Website. Any waiver of any term of this Agreement will only be effective if in writing and signed by a party and no waiver by MyThings of any right or remedy under this Agreement will prevent MyThings from enforcing any of its rights or remedies in any other situation where you breach this Agreement.

16. Nature of relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and MyThings as a result of this Agreement or your utilisation of the Website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.

17. Dispute Resolution. Except in the case of a party seeking injunctive or other equitable relief in connection with the enforcement of this Agreement, any dispute between you and MyThings or you and another user arising out of or relating to this Agreement, including any disputes relating to the content of the Website or the use of the Website, shall be finally and conclusively resolved by confidential binding arbitration under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any hearings held in connection with such binding arbitration shall be held at an American Arbitration Association office in the State of California in the United States or in the United Kingdom, at the election of the user invoking binding arbitration.

18. Governing Law. This Agreement, including (without limitation) any disputes relating to the content the Website, whether sounding in contract, tort, statute or otherwise, is governed by the laws of the State of California in the United States, without reference to its conflict of law principles. In the event that a party wishes to seek injunctive or other equitable relief in connection with the enforcement of this Agreement, the parties agree to submit to the personal and exclusive jurisdiction of the courts of and for San Francisco, California in the United States.

19. Liquidated Damages. If you breach this Agreement by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to MyThings, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay MyThings $50 for each such unsolicited communication you send through the Website. You understand and agree that $50 per unsolicited communication is a reasonable forecast of the damages MyThings would suffer as a result of your transmitting unsolicited communications via the Website.

EXHIBIT A

Prohibited Activities

Prohibited Activities include, but are not limited to the following:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyThings reserves the right to restrict the number of Messages which a Member may send to other Members in any 24-hour period to a number which MyThings deems appropriate in its sole discretion.

3. covering or obscuring the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;

4. any automated use of the system, such as using scripts to add friends or send comments or messages;

5. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

6. attempting to impersonate another Member or person;

7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8. selling or otherwise transferring your profile;

9. using any information obtained from the Website in order to harass, abuse, or harm another person;

10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose or sending private messages with a commercial purpose; or

11. using the Website in a manner inconsistent with any and all applicable laws and regulations.



MyThings Terms of Use for Members (v1.9)

Last Update: December 6, 2007

The service offered on this website (the "Service") is operated by MyThings Inc. ("MyThings", "we", "us" and "our"). These terms and conditions of membership ("Terms of Membership") govern the terms and conditions under which registered users of the Service ("Members") may use the Service and this website (the "Website") in connection with the Service, and should be read in conjunction with the Website's Terms of Use and Privacy Policy. In the event of any conflict between these Terms of Membership and the Website's terms of use, these Terms of Membership shall prevail. These Terms of Membership are effective as of December 6, 2007.

By registering to use the Service, you acknowledge that you have read these Terms of Membership, understand them and agree to be bound by their terms and conditions. You also acknowledge that you have read and understand the Privacy Policy and consent to MyThings' use of your Personal Data as described in that document (including, with respect to Members resident in the European Union, the transfer of your Personal Data outside the European Economic Area). If you do not agree to these Terms of Membership or the Privacy Policy, you should not use or access the Website.

1. Service. By registering for the Service, you may benefit from a number of services not available to the Website's visitors. The Service includes:

1.1 Your own portfolio where you can register your "things". You may include a description of your registered item ("thing" or “things”), its serial number, photo, value and any further information. You have the option of making things in your portfolio private or public. If the portfolio and/or any information you post in your portfolio is designated as public, all information contained within it will be accessible by all other users of the Website and said users shall be able to view any information and/or item designated as public. If you choose to make your portfolio (or any part thereof) private, the information contained within it will not be accessible by all other users of the Website.

1.2 Reporting of things that are lost or stolen. If you report a thing as lost or stolen, MyThings will flag the item as lost or stolen to be searchable by other users of the Trace “Search Service" should they encounter it. See Trace Website for further information.

1.3 Adding your own personal comments in relation to things. You may post comments on the Website relating to other Members' things.

1.4 An internal messaging service. This service ("Messages") allows Members and MyThings to communicate with each other through the Website and enter into discussions with other Members.

1.5 Inviting contacts to join your network of Members. This service allows you to contact through the Website other Members whose e-mail address you know and invite them to join your network.

1.5 Joining one or more Groups of Members. You may join groups where you can discuss a particular item of type of item with other Members and ask for other Members' advice or opinion in relation to an item. You may also create new groups.

1.6 Offering things for sale at an advertised price or through an auction process. You may offer things for purchase through the Website. Offers are searchable by users of the Website who may send a response to you via the Website.

1.7 Purchasing accessories for your things and other products or services from third party providers ("Third Party Provider") or from MyThings (subject to availability).

1.8 Providing Product Recall Alert. MyThings may, from time to time, furnish you, through the internal e-mail of the Website, alerts published in the United States and the United Kingdom regarding new product safety notification and/or recalls related, directly or indirectly, to the products registered in your portfolio ("Recall Alerts"). The Recall Alerts may be partial, incomplete, not updated, and/or may include erroneous and/or obsolete information. You shall be solely responsible, at all times, for any losses, damages and/or expenses incurred by you and/or any third party in direct or indirect connection with any Recall Alert. Furthermore, you shall be solely responsible for checking if any Recall Alert was or is published, whether prior to the registration of the product as part of the portfolio or at any time thereafter. Under no circumstances shall MyThings be liable in direct and/or indirect connection with furnishing you and/or failing to furnish you any Recall Alert.

2. Your Account. On registering as a Member, MyThings will allow you to select a username and password which will enable you to access your portfolio and membership profile. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You should keep your account and password confidential and secure and should let us know immediately if you suspect any unauthorised use of your account or that your password has become known to anyone else. You are solely responsible for all use of the Service that occurs using your account or password.

3. Privacy Policy. MyThings takes your privacy very seriously and collection and use of personal information is governed by the Privacy Policy.

4. MyThings as a Venue. The Website acts as a venue which allows Members to share their things with other users of the Website, post comments about other Members' things and enter into online discussions with other Members.

5. MyThings as a Shopping site. The Website acts as a shopping venue which allows Members to buy Third Party Providers' products and services under contracts directly with them. There are some products and services offered by Third Party Providers on the Website which are only available for purchase by Members. Please see paragraph 6 of the User Agreement for the terms relating to transactions with Third Party Providers.

6. MyThings as a Marketplace. The Website may allow Members to offer things for sale and buy other Members' offered things. MyThings will not review listings provided by Members, it never owns the things offered for sale on the Website and is not involved in transactions between buyers and sellers unless it clearly states otherwise. As a result, MyThings has no control over the quality, safety or legality 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. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Website. MyThings is not responsible for ensuring that buyers and sellers complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

6.1 Prohibited Items. You must not offer, sell, bid for or buy any items which we prohibit from the Website (see our list of Prohibited Items) or which are prohibited by any law applicable to you. We do not accept or assume any obligation to protect you from unsafe items listed for sale on the Website.

6.2 Bidding and Buying. As a buyer, you have a legal obligation to complete a transaction with a seller if you make an agreement to purchase an item at an agreed price from a Member or a product or service from a Third Party Provider using the Website which you accept before you notify them that it has been withdrawn. If you place a bid in an auction, you will be obliged to buy that item if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) unless the transaction is prohibited by law or by these Terms of Membership.

By agreeing to purchase an item (or other product or service) or bidding on an item, you agree to be bound by the conditions of sale included in the relevant description provided that those conditions of sale are not in breach of these Terms of Membership or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a bid is placed, a clear typographical error is made. As a buyer you must ensure that you are legally able to bid for and buy any item that you bid for or agree to buy and you must pay the seller in accordance with his instructions within 7 days of acceptance of your offer/bid.

6.3 Listing and Selling. Upon the launch of the MyThings' listing and selling service, your use of the listing and selling service represents your acceptance of any and all selling policies adopted by MyThings. Upon the launch of the MyThings listing and selling service, MyThings will post its Selling Policy prominently on the Website and will insert a hyperlink to the Selling Policy in this section 6.3 of the Terms of Membership. If you are a seller you must ensure that you are legally able to sell each item that you register for sale on the Website, and that it is lawful to sell and/or export such item to a person resident in the buyer's jurisdiction. You must include in your listing of an Item for sale ("Listing") a description of the Item and all terms of sale, such as postage costs and territorial limits. You are responsible for ensuring you have the right to use all content in your Listing and that we have the right to host it on our servers. Once your things have been listed for sale, you may not have the right to cancel any Listing and you should be aware of all applicable laws relating to sale of online goods and service which may be applicable to you. Once you have completed a transaction with a buyer, you must deliver the relevant item to the buyer within 10 days of being paid.

A seller who receives at least one offer/bid at or above the stated minimum bid price (or in the case of reserve auctions, at or above the reserve price) must complete the transaction with the highest bidder on completion of the listing, unless the buyer fails to meet the conditions of the seller's listing (such as payment method or territorial restriction).

7. Third Party Disputes. In the event that you have any right, claim or action against any Member or any Third Party Provider arising from the use of the Website or the Service, you agree to pursue such right, claim or action independently of and without recourse to us, and you release MyThings (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.

8. Members' Content. MyThings does not claim any ownership rights in the text, files, images, sounds, works of authorship and other materials posted on the Website by Members ("Content"). By posting any Content on the Website, you grant MyThings a limited, revocable, non-exclusive worldwide licence to use, modify, reproduce and distribute such Content on the Website. This licence will terminate in respect of any Content when you remove such Content from the Website, though we shall be entitled to retain archive copies of any Content.

You represent and warrant that (a) you own the Content posted by you on the Website or otherwise have the right to grant the above licence to MyThings and (b) the posting of such Content on the Website does not infringe the intellectual property or other rights of any person. You are solely responsible for any Content you post on the Website and any material or information that you transmit to other Members. You may not post any Prohibited Content on the Website.

9. Your Conduct. You must not engage in any fraudulent activity in connection with the Website or the Service or manipulate the price of any Item or interfere with other Member's Listing(s). Without limitation, you must not: (a) bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf; (b) contact bidders in a listing where things are listed for sale in order to offer similar things to the bidders in that listing; or (c) make bids or make any payment using a false username.

10. MyThings' Control. MyThings reserves the right to refuse access to the Website or the Service or any part of it at any time, and to suspend or terminate Members' accounts in its sole and arbitrary discretion. MyThings reserves the right to edit or delete any content on the Website and to delete any Content that it considers in its sole and arbitrary judgment to violate these Terms of Membership or to be offensive, illegal or to violate the rights or harm or threaten the safety of any person. However, MyThings assumes no responsibility for monitoring the Website for inappropriate Content or conduct and does not endorse, confirm the validity of or have control over the Content. The Content does not necessarily reflect the opinions or policies of MyThings and you may find other Members' information to be offensive, harmful, inaccurate or deceptive. While MyThings prohibits persons under the age of 14 from using or accessing the Website and requires persons between the age of 14 and 18 to obtain parental consent prior to using or accessing the Website, MyThings cannot guarantee that all persons using the Website are the age they hold themselves out to be or have the identities that such persons represent to the world in the on-line environment. Consequently, there are risks of dealing with underage persons or people acting under false pretences. By using the Website, you agree to accept such risks and agree that MyThings is not responsible for the acts and omissions of Members or users of the Website.

11. Messages. MyThings reserves the right to contact you using MyThings internal e-mail service known as Messages. Messages shall be forwarded to the e-mail address submitted by you as part of the registration process, unless you explicietly choose not to forward any Messages to your e-mail address. In addition, MyThings reserves the right to send you messages regarding your account status, administration of your account and changes to the User Agreement (or Terms of Membership where you are a registered user), the Privacy Policy, or any other policies, agreements or transactions relevant to your use of the Website. You must ensure that MyThings is provided with your up-to-date e-mail address.

If you register as a member of MyThings, your screen name will be accessible to other registered members on the Website and other registered users may contact you directly via Messages. If you post information in your profile and such information is designated as public, other registered members of the Website will be able to view only the information that is designated as public. If you wish not to be contacted directly by registered users, you may prevent access to your screen name by not making any of your things public.

Messages sent via the Messages service should not contain any Prohibited Content and Messages should not be used for any unacceptable purposes (including, without limitation, harassment, to send defamatory, racist, blasphemous, violent, illegal, obscene or other offensive material or to send marketing or promotional messages).

12. Changes to these Terms of Membership. MyThings reserves the right, at its sole and arbitrary discretion, to change, modify, add or delete any part of these Terms of Membership at any time without further notice. If we do make any such changes, we will post the changes to these Terms on this webpage and will indicate at the top of the page the effective date of the version you are viewing. Your continued use of the Website after any such changes constitutes your acceptance to the amended Terms. You are responsible for regularly reviewing these Terms so that you will be aware of any changes.

13. Disclaimer of Warranties. MyThings gives no warranties whatsoever in relation to the Website or any materials, information (including, without limitation, text, graphics, links or any information or materials obtained or accessed through the Website), products and/or services available through the Website. MyThings excludes to the fullest extent permitted by law all express, implied and statutory warranties, including, without limitation, warranties of fitness for a particular purpose, warranties of merchantability, warranties as to freedom from computer virus, warranties of title, warranties of non-infringement of proprietary or intellectual property rights, and/or warranties of complete, correct and updated information. MyThings expressly disclaims that the Website or the server that makes it available will be uninterrupted, error-free, timely, secure or otherwise reliable, that defects or errors will be corrected or that the content of the Website is lawful, correct or accurate. To the extent you are resident within a jurisdiction that does not allow the exclusion or limitation of any of the above mentioned warranties, the above disclaimers will not apply to you.

14. Limitations of Liability.

14.1 THE PARTIES HERETO UNDERSTAND AND AGREE THAT THEY SHALL NOT BE LIABLE TO EACH OTHER FOR ANY LOSS THAT MIGHT RESULT FROM OR IN CONNECTION WITH: (A) A LOST USERNAME OR PASSWORD; (B) FALSE INFORMATION OR ITEM DESCRIPTION PROVIDED BY A MEMBER; (C) THIRD PARTY ACTION OR ERROR; (D) A MEMBER'S USE OR INABILITY TO USE THE WEBSITE OR ANY PART OF IT; (E) THE RESULTS OF A SEARCH ON THE WEBSITE; (F) THE NATURE, ACCURACY OR CONTENT OF MATERIAL ON THE WEBSITE POSTED BY YOU OR OTHER MEMBERS (G) A FAILURE TO RECOVER OR FIND ANY OF YOUR THINGS; (H) ANY PERSONAL OR OTHER INFORMATION CONTAINED WITHIN YOUR PROFILE WHICH WAS DESIGATED AS PUBLIC ON THE WEBSITE; OR (I) ANY PERSONAL OR OTHER INFORMATION WHICH YOU HAVE DISCLOSED TO A THIRD PARTY PROVIDER USING EITHER THE WEBSITE OR A THIRD PARTY WEBSITE WHICH YOU HAVE ACCESSED FROM THE WEBSITE.

14.2 THE PARTIES HERETO UNDERSTAND AND AGREE THAT THEY SHALL NOT BE LIABLE TO EACH OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, EXPECTED BENEFIT, GOODWILL OR OTHER INTANGIBLE LOSSES, AND LIABILITY TO THIRD PARTIES) WHETHER BASED IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICE, OR ANY SUSPENSION OR TERMINATION OF THE WEBSITE OR ANY CONTRACT OR ARRANGEMENT YOU ENTER INTO OR CONTEMPLATE WITH A MEMBER. TO THE EXTENT YOU ARE RESIDENT WITHIN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF THE ABOVE DAMAGES, THE ABOVE LIMITATION AND EXCLUSIONS WILL NOT APPLY TO YOU.

14.3 IN NO CIRCUMSTANCES SHALL MYTHINGS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100).

14.4 NOTHING IN THESE TERMS OF MEMBERSHIP EXCLUDES OR LIMITS MYTHINGS' LIABILITY FOR DEATH OR PERSONAL INJURY OR FRAUD BY MYTHINGS.

15. Indemnity. You agree to indemnify MyThings, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Website, the Service or any breach by you of these Terms of Membership.

16. Entire Agreement / Waiver. These Terms of Membership, together with the User Agreement and Privacy Policy, represent the entire agreement between you and MyThings in relation to your use of the Service, and they supersede all prior or contemporaneous communications (whether in writing, oral or electronic) between you and MyThings with respect to the Service. Any waiver of any term of these Terms of Membership will only be effective if in writing and signed by you and an authorized representative of MyThings and no waiver by MyThings of any right or remedy under these Terms of Membership will prevent MyThings from enforcing any of its rights or remedies in any other situation where you breach these Terms of Membership.

17. Nature of Relationship / Severability. No joint venture, partnership, employment, or agency relationship exists between you and MyThings as a result of these Terms of Membership or your use of the Website. If any provision of these Terms of Membership is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Membership shall continue in full force and effect.

18. Dispute Resolution. Except in the case of a party seeking injunctive or other equitable relief in connection with the enforcement of these Terms of Membership, any dispute between you and MyThings or you and another Member arising out of or relating to these Terms of Membership, including any disputes relating to the content of the Website, shall be finally and conclusively resolved by confidential binding arbitration under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Membership shall be joined to an arbitration involving any other party subject to these Terms of Membership, whether through class arbitration proceedings or otherwise. Any hearings held in connection with such binding arbitration shall be held at an American Arbitration Association office in the State of California in the United States or in the United Kingdom, at the election of the Member invoking binding arbitration.

19. Governing Law. These Terms of Membership, including (without limitation) any disputes relating to the content the Website, whether sounding in contract, tort, statute or otherwise, are governed by the laws of the State of California in the United States of America, without reference to its conflicts of laws principles. In the event that you or MyThings wishes to seek injunctive or other equitable relief in connection with the enforcement of these Terms of Membership, the parties agree to submit to the personal and exclusive jurisdiction of the federal or state courts in or for San Francisco, California in the United States of America.

20. Liquidated Damages. If you breach these Terms of Membership by sending unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to MyThings, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, and not as a penalty, you agree to pay MyThings $50 for each such unsolicited communication you send through the Website. You understand and agree that $50 per unsolicited communication is a reasonable forecast of the damages MyThings would suffer as a result of your transmitting unsolicited communications via the Website.

Prohibited Items

Prohibited items include, but are not limited to, the following:

  • Airplane Tickets
  • Alcohol
  • Animals and Wildlife Products
  • Catalogue and URL Sales
  • Counterfeit Currency and Stamps
  • Counterfeit Things
  • Credit Cards
  • Drugs and Drug paraphernalia
  • Embargoed Things & Prohibited Countries
  • Things Encouraging Illegal Activity
  • Fireworks
  • Franking Machines
  • Football Tickets
  • Government IDs, Licences and Uniforms
  • Human Parts and Remains
  • Lockpicking Devices
  • Lottery Tickets
  • Mailing Lists and Personal Information
  • Multi-level Marketing, Pyramid, Matrix and Trading Schemes
  • Offensive Material
  • Prescription Drugs and Materials
  • Recalled Things
  • Satellite, Digital and Cable TV Decoders
  • Shares and Securities
  • Stolen Things
  • Surveillance Equipment
  • Tobacco and Tobacco Products
  • Train Tickets
  • Travel Vouchers
  • Unlocking Software
  • Used Medical Devices

Prohibited Content

Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyThings:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person's consent; or

15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

Be Safe

MyThings encourages our members to use common sense and to practice safe trading when using the Website. Please take into account the following guidelines:

1. Communicate with other members by using the MyThings internal email feature (known as Messages) and by using the features available on the website (such as Comments).

2. Do not give other members your email address and do not agree to meet another member in person.

3. Do not make your email address or the details of your home or business address or telephone numbers public on the website.

4. Do not share your password with anyone or give anyone access to your computer.

5. Report Misuse immediately by clicking on the link at the bottom of every page if you receive any offensive communications, become subject to harassment or other harmful conduct through the website or become aware of any offensive, harmful or deceptive material on the website.