Let's all play nice

We have some rules here at Sold. But if we just all treat each other with respect, then there's nothing to worry about.

Terms of Service

Acceptance of Terms

All visitors to our website (the “Site”) and users of the Sold.™ service (the “Service”) are legally bound by the following terms of use. By continuing to access the Site or using the Service, you agree to be bound by these Terms of Use (as modified by us from time to time). IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE SITE OR THE SERVICE.

Privacy Policy

Your use of the Site and the Service is also governed by our Privacy Policy(link).

Who May Use the Service

You may use the Service only if you meet all of the following eligibility requirements:

You must be a resident of the United States who is physically present in the United States
You must be 18 years or older
You have access to a compatible smartphone, mobile device or other device that is supported by our platform.

We reserve the right to change eligibility requirements or to terminate any person’s right to use the Service at any time in our sole discretion.

Your Account

To use our Service, you must register through our application to establish an account with us. You are responsible for providing us with accurate information and updating your account as necessary to keep it current. Each person may have only one account, and you may not share your account with any other person. Your account is non-transferrable.

You will need to select a user name and password and are responsible for keeping them secure. We urge you not to share your user name and password with anyone else. You are solely responsible for all activity that occurs under your account. Please notify us immediately if you see any unauthorized activity in your account or believe the security of your account or user name and password have been compromised.

Content You Submit

You are responsible for and retain ownership over all text, photographs and other materials you submit or post on or through the Site or the Service (“User Content”). Any User Content you provide must be in English and comply with these Terms of Service. By submitting or posting User Content, you grant us and our service providers and others that we authorize a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, adapt, modify, publish, display and distribute your User Content in connection with the Site and the Service, in any media, medium or technology now known or in the future developed. We assume no responsibility or liability for any User Content you post or submit or any use by us or our licensees of your User Content in accordance with these Terms of Service.

You may not submit any User Content that (i) is inaccurate, false or misleading, (ii) is defamatory, obscene, pornographic, discriminatory, abusive, or threatening, (iii) advocates or encourages violence, hatred, discrimination or unlawful conduct, (iv) violates any applicable federal, state, local or foreign law, (v) infringes upon or otherwise violates any intellectual property right, proprietary right, or right of publicity or privacy, or (vi) knowingly or recklessly contains viruses, spyware, adware or any other harmful or malicious code or other technology.

Brands and Keywords Meriting Extra Caution

As part of its Verified Rights Owner (VeRO) Program, eBay has a list of brands/keywords that intellectual property rights owners have identified as being associated with a large amount of copyright infringement and fraudulent behavior. After review, we may post your User Content and these items on eBay. The list of brands/keywords can be found here. Please review this list prior to submitting items for sale.

Item Acceptance/Rejection Criteria

Before we attempt to sell your item through the Service, we will review the User Content you have provided regarding the item and insure that it complies with the Terms and condition of the services applicable in that sale. We will reject items that we are able to determine cannot legally be sold in the United States or have a high probability of causing illegal, inappropriate or fraudulent behavior by the buyer or the seller.

The following items may not be sold through the Service:

Weapons, explosive devices or other items of any kind that are likely to be used to kill, injure or harm others or make threats to the safety of another person, including but not limited to firearms, martial arts weapons, silencers, ammunition, disguised or switchblade knives, BB guns, stun guns or tear gas, and weapons parts.
Fireworks.
Obscene materials, child pornography or anything involving inappropriate behavior with minors.
Sexual activity of any kind or goods or services for purposes of sexual gratification, provided that sexual health items such as contraception are permitted.
Stolen goods or property with serial number removed or altered.
Items designed to be used to commit a crime including not without limitation burglary tools, false identification and items used to manufacture illegal explosives, controlled substances or other unlawful items.
Anything related to unlawful activity. This includes soliciting, inducing or encouraging illegal acts or requesting goods or services in furtherance of a crime.
Items containing poisonous, toxic or hazardous substances or pesticides.
Pharmaceutical products, drugs, prescribed medicine, controlled substances, medical devices, and or drug paraphernalia, in each case whether legal or illegal.
Nonprescription drugs or other products or services that make false or misleading claims that might require FDA approval.
Alcohol and tobacco products.
Any item infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others.
Any item that violates the privacy, publicity, or other rights of third parties.
Animals, plants and insects that are regulated or prohibited for sale under applicable laws.
Blood, bodily fluids and body parts.
Embargoed goods.
Counterfeit or fraudulent items.
Services or merchandise that promotes discrimination, hatred or violence against specific groups of people.
Services that are illegal including without limitation prostitution.
Stocks and other securities.
Items that violate any applicable local, state, national or international law, or any regulations or executive or court orders having the force of law.

How do I Sell an Item?

Sellers will submit 4 or more pictures of the item to be sold along with a description of the item they want to sell and an appropriate title for the description.
We will review the photographs and description and will determine, in our sole discretion, whether we will list the item for sale. We will notify you either way.
If we are willing to sell the item for you, we will provide you with the price you would receive upon a successful sale. The price quoted to you will be net of all fees incurred (listing, shipping and our fees for providing the Service).
If we are unable to sell your item in 3 weeks, we notify you of that we have removed your listing and you will not be subject to any fees in the process.
If you accept that price, we will go to work selling the item. You are responsible to notify us if the item that you have posted is no longer available for sale.
While the item is up for sale, we may send you in-app messages and/or e-mails requesting additional information or photographs (such as "Please take another photo of the back of the item" or "What year did you purchase this item?"). Communications may also happen via e-mail or phone calls.

What Happens When an Item is Sold?

After a buyer purchases a seller’s item we ship a pre-labeled, pre-addressed box containing appropriate packing materials to seller. Depending on the nature of the item and its value, the box may be pre-insured. If the box is not pre-insured, the seller may purchase insurance. The seller packs the item in the box and schedules a UPS pickup or is given directions to the nearest UPS drop off location. The seller must ship the packaged item directly to the buyer within 2 days after receipt of the shipping box.
Buyer will have 3 days after receipt of the item to make a claim that the item is damaged or does not match the description of the item in the listing. If the buyer has no complaints within the 3-day period, we will directly transfer the agreed amount to the seller’s bank account. The funds will normally be available to the seller approximately 48 hours after the initiation of the transfer.
Our support team will assist both parties in case of the exceptions below:

If seller does not ship the item within the 2-day period described above, the buyer shall be entitled to a refund.
If the item is lost in transit, the buyer receives a refund and the seller must seek compensation from the carrier. We will initiate the remediation process with the carrier for the seller.
If the item is damaged or not as described, we will work with buyer and seller to determine the appropriate course of action. If the buyer’s claim is substantiated, the buyer will have the option of (i) keeping the item, in which case the seller will receive payment, or (ii) returning the item and obtaining a refund. Items damaged in transit will be resolved with the carrier and the insurance company.

Your Representations and Warranties to Us

By registering for an account and each time you use the Service, you agree and represent and warrant to us that:

You are legally bound by these Terms of Use and the Privacy Policy
You meet all of the eligibility requirements for using the Service
All of the information provided to us in your account and in connection with your use of the Service is current and accurate, and is not fraudulent or misleading
You have fully complied with these Terms of Use and all applicable laws
You own all rights or have all permissions necessary to submit or post your User Content and for us to use the User Content as provided in these Terms of Use
You own all rights or have all permissions necessary to sell the items you are offering for sale

Copyright and Trademark Information

You may not modify, copy, display, distribute, or re-publish any content on the Site or in the Service or make any use of any content, trademark, service mark, logo, company name, trade name or product or service name of Sold.™ or any third party without the prior written permission from the applicable owner or as permitted by law.

We do not permit the caching or framing of any content available through the Site or the Service without our prior written permission. We also do not permit the use of any data mining, “bots,” “spiders” or similar data gathering and extraction tools. We reserve the right to disable any unauthorized links, frames or tools employed.

Sold.™ and the Sold.™ logo are trademarks of Terrarium Inc.

Claims of Infringement

If you have a good faith belief that your copyright, patent trademark or other intellectual property rights have been violated and you want us to delete or disable the material in question, please provide our Designated Agent with the following:

Identification of the copyright or other intellectual property that you believe has been infringed;
Description of where the material that you claim is infringing is located on the Site or in the Service;
Your name, address, telephone number, and email address;
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

For this notice to be effective, you must provide it to our Designated Agent, Patrick Rowell at:

By Mail:

Terrarium Inc.

36 Bromfield St., Ste. 507

Boston, MA 02108

By Email:

patrick@usesold.com

No Warranties

All content on the Site and through the Service is provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The information on the Site, in the Service or on a linked site may include out of date information, inaccuracies or typographical errors, and we specifically disclaim any liability for such out of date, inaccuracies or errors. We do not guarantee continuous, uninterrupted or secure access to the Site or the Service.

We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site or the Service by any party other than us.

Third Party Sites and Hyperlinks

This site may provide a link to other Internet sites allowing the user to leave this Site or the Service to access third-party sites or material or by bringing the third-party material into this Site or the Service via hyperlinks and framing technology (each a "linked site"). We have no control over the content on a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. Such links are provided merely as a convenience to you.

We do not make any warranties regarding the accuracy, currency or completeness of any content provided on linked sites or the quality or safety of any information, product or service provided through any linked sites.

The Terms of Use and Privacy Policy that govern this Site and the Service do not govern any linked sites. Linked sites may contain terms of use, privacy provisions, or other provisions that significantly differ from the provisions in our Terms of Use and Privacy Policy. We are not responsible for such provisions, and expressly disclaim all liability related to such provisions or the content or operation of any linked sites. Access to any linked site is entirely at your own risk.

Limitation on Liability

SOLD.™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF ANY OF THEM ARE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND SHALL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY FOR THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), LOST OR CORRUPTED DATA, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

Indemnification

You agree to defend, indemnify and hold harmless us and our directors, officers, employees, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the site, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the site.

Changes to Terms of Use

We reserve the right to revise these Terms of Use at any time without prior notice. We will make such changes by posting them on the Site. We may also provide notification by other means such as by email or text messages. You should check the Site frequently for changes. Your continued access of the Site or use of the Service after such changes shall constitute your acceptance of those changes.

Violations of Terms of Use

We reserve the right to seek all remedies available for violations of these Terms of Use, including the right to block your access to the Site or terminate your ability to use the Service.

Governing Law and Jurisdiction

Users of this site agree to submit to the applicable federal laws of the United States of America and the laws of the State of Massachusetts, USA, without regard to conflicts of laws principles. Any legal action or proceeding related to this Site or the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. You agree to the personal jurisdiction of such courts, and hereby waive any objections to the jurisdiction by such courts and to the venue of such courts.

General Terms

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severed from these Terms of Use and will not affect the validity or enforceability of any remaining provisions.
Information related to your use of the Site or the Service for illegal purposes may be provided to law enforcement authorities without notice to you.
These Terms of Use and our Privacy Policy constitute the entire agreement between us relating to the use of this Site and the Service and supersede and replace any prior agreement and communication between the parties, except as otherwise expressly set forth above.
Any waiver to any of these Terms of Use must be made in writing and signed by us.

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding these Terms of Use or our Service.

You may contact us at: