Welcome to Retailopolis.com!
The term ‘Retailopolis’ or ‘Retailopolis Team’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 5250 lankershim Blvd. Suite 500 Blvd. WNorth Hollywood, CA 91601 United States. The term ‘you’ refers to the user or viewer of our website.
Anything seen on this website is not a guarantee. It is not financial advise. Retailopolis is not responsible for any actions thought of and/or executed based on information seen on ActOragnizer.com.
- The key terms you should consider are the limitations on liability contained in the sections titled Disclaimer of Warranties and Limitation of Liability.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST RETAILOPOLIS BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) Retailopolis Inc., a California corporation with its headquarters in North Hollywood, California, Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
- “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to Retailopolis and its subsidiaries.
- “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Retailopolis Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Retailopolis or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Retailopolis Content, and Third Party Content.
- Sites and Accounts. “Consumer Site” means Retailopolis’s consumer website (www.Retailopolis.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use the Retailopolis for Business Owners and mobile applications. “Account” means any Consumer Account or Business Account.
- CHANGES TO THE TERMS
We may modify the Terms from time to time. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by email, by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Retailopolis, and any inconsistencies among the different versions will be resolved in favor of the English version available.
- USING THE SERVICE
- To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Retailopolis or if we have previously banned you from the Service or closed your Account.
- Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
- Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Retailopolis’s prior approval.
- Communications from Retailopolis and Others. By accessing or using the Service, you consent to receive communications from other users and Retailopolis through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Retailopolis or businesses listed on Retailopolis, and may be initiated by Retailopolis, businesses listed on Retailopolis, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Retailopolis or made through the Service may be monitored and recorded for quality purposes.
You can opt-out of certain communications here.
1. Your Responsibilities.
2. Content User Submissions
- Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Retailopolis, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Retailopolis.You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
- Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Retailopolis and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- Ownership. As between you and Retailopolis, you own Your Content. We own the RetailopolisContent, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, and arrangement of User Content and other Service Content), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Retailopolis Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Retailopolis Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Retailopolis Content are retained by us.
- Advertising. Retailopolis and its licensees may at some point now, or perhaps in the future, publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this section 2 will survive the termination of these Terms.
All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. The content is provided “as is,” and your use or reliance on such materials are solely at your own risk.
3. Representations and Warranties
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You represent and warrant that:
- You have read and understood our Content Guidelines;
- You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate our Terms, including the Content Guidelines and Event Terms and Conditions;
- Post any fake or defamatory review, trade reviews with others, or compensate someone or be compensated to post, refrain from posting, or remove a review;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results.
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Retailopolis;
- Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;
- Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice.
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Retailopolis’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
3. Copyright Infringement and Trademark Rights.
We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at info@Retailopolis.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
We may terminate your membership or suspend your access to all or part of the Services, without notice, if you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the Services, or any third party. You agree that Retailopolis shall not be liable to you or any third party for removing your user submission(s), content, and/or suspending or terminating your access to the Services (or any portion thereof).
See “Section 2 (b)” above for more detailed information on user submissions, content, and data.
5. Modifications To Terms.
We may, in our sole and absolute discretion, change these Terms from time to time. We may elect to notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering for an account. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications To the Services.
We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The Internet site is provided over the Internet and so the quality and availability of the site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Sites or for any loss of material, data, transactions or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should Retailopolis exercise its right to modify, suspend or discontinue the Services.
We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
8. Password, Security and Confidentiality.
You are responsible for maintaining the confidentiality of your password to access the Services, and you are solely responsible for all activities that occur under your password. You agree to immediately change your password and notify us at firstname.lastname@example.org if you suspect or become aware of any unauthorized use of your password or any other breach of security related to the Services. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password or someone else’s use of your account.
Information obtained by you via your account and information disclosed directly to you by us (“Confidential Information”) shall be kept strictly confidential by you and used only for the purpose of interacting with and transacting on the platform and shall not be disclosed by you in whole or in part, directly or indirectly to any third party, provided that: (a) you may disclose such information to any of your employees, solicitors and other professional advisors (if appropriate) for the purpose of working with you in connection with your decision to use the Services, on the basis that you understand that you will be responsible for their use and handling of such information; and (b) Confidential Information shall not include information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any information received by you from us; or (iv) you are required to disclose in accordance with applicable law, provided that you give us as much advance written notice of such requirement as is reasonably practicable in the circumstances.
We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.
We may offer software applications to help you gain access to our Services. In such circumstances, we grant you a personal, non-exclusive, non-transferable, limited license to install such software applications solely on the devices you will use to access the Services. You agree that we may provide you from time to time with automatic upgrades of these applications, which you will accept for installation. Please note that certain retail application stores that offer our applications may have separate sales terms that will be binding on you if you elect to download our applications from such merchants.
For users in the United States, our software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein. Your use of the software must comply with all applicable import and export control laws and regulations of the United States and other countries.
11. Restrictions and Commercial Use.
Other than as set provided for in these Terms:
you may not copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicense or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or out networks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software. You undertake not to use the Services for any purpose that is fraudulent or unlawful, not to interfere with the operation of the Services. Your use of the Services must comply with our policies.
12. Limitations of Liability & Disclaimer of Warranties.
You expressly agree that use of the services is at your sole risk. We provide the Services on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, with respect to the Retailopolis network (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). No advice or information, whether oral or written, obtained by you from Retailopolis or through any of it’s affiliated companies shall create any warranty not expressly made herein.
You agree to indemnify, defend, and hold harmless Retailopolis, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Retailopolis Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Retailopolis reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Retailopolis. Retailopolis will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. Trademarks & Patents.
“Retailopolis,” the Retailopolis design, our site names and logos, as well as certain other names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
15. Copyrights; Restrictions on Use.
The content on the Services (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non sub-licensable and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.
16. Electronic Notices.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via e-mail if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.
New with tags (NWT), unworn, unaltered, and includes the original tags
New without tags (NWOT) or very lightly used with no flaws or damage
Gently used, but still may have minor flaws such as pilling, stretching, loose threads
Multiple minor flaws, defects, or damage such as rips, light stains, pilling
Heavily used and has major cosmetic flaws or damage such as holes, stains, fading, or missing button/beads
New, unworn, and still in the box
Unworn or tried on. No creases, but may not be in the original box
Used, but there are only a few minor flaws such as slight wear on the sole, light creases or small scuffs
Show signs of wear and has multiple major flaws, such as holes, rips, creases, or stains, but the sole is intact
Heavily worn and have multiple major flaws, such as large holes, strains, scuffs, or the soles are not intact
Unused, sealed and in the original packaging
Lightly used and fully functional, but does not include the original packaging
Gently used and may have minor cosmetic flaws, but is fully functional
Used and has multiple cosmetic flaws, but overall functional
Heavily used, has major cosmetic flaws or damage. Non-functional or sold as parts.
This document, our rules, policies and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and Retailopolis Inc (“Retailopolis”). This contract sets out your rights and responsibilities when you use Retailopolis and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed) provided by Retailopolis. Please read them carefully. BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS. The Help Center is used to host policies in the “Rules and Manners” sections such as the Seller’s List of Prohibited Conduct and Prohibited Items and provides clarifications to frequently asked questions (“FAQs”). The Help Center can be accessed from the side menu of the App. We expect you to read our policies carefully! We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification. Some important introductions for you.
- INFORMATION WE COLLECT AND HOW WE USE IT
We may collect, transmit, and store information about you in connection with your use of the Service, including any information you send to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.
Please also note:
- Account Information:When you create a Retailopolis account, we store and use the information you provide during that process, such as the first and last name you enter, email address, zip code, physical address, and any other information you may provide during the account creation process, such as a gender, phone number, or birth date. We may publicly display the first name and last initial that you provide, as well as any photo or other content you submit through the account creation process, as part of your account profile. We also store and use any preferences you provide to personalize your user experience, including dining and activity preferences. You can later modify some of the account information you provide through your account settings. If you believe that someone has created an unauthorized account using your personal information, you can request its removal by flagging it.
- Public Content:Your contributions to the Service are intended for public consumption and are therefore viewable by the public, including your photos, ratings, reviews, tips, lists, Collections, compliments, Ask the Community posts, Retailopolis Talk posts, and edits to business page information. Your account profile (e.g., first name, last initial, city, neighborhood, the month and year you created your Retailopolis account, profile photos and list of friends on Retailopolis) is also intended for public consumption, as is some of your other activity through the Service, like how you vote on other people’s contributions (e.g., useful, funny, cool, helpful, or not helpful), which contributions you like, where you check-in (including when friends on Retailopolis tag you in their own check-ins), which contributions or users you follow, and which businesses you follow or bookmark. You can limit the public nature of some of these activities through your account settings.
- Contacts:You can invite others to join or become your friend on Retailopolis by providing us with their contact information, or by allowing us to access contacts from your computer, mobile device, or third party sites to select which individuals you want to invite. If you allow us to access your contacts, we will transmit information about your contacts to our servers long enough to process your invitations.
- Communications:When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and Retailopolis. You can manage some of your messaging preferences through your account settings, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Retailopolis. For example, if you make a reservation, order food, place yourself on a waitlist, or request a quote from a business through the Service, we may send you messages about your transaction using the contact information you provide, including through automated SMS text messages to your phone number. We may also track your actions in response to the messages you receive from us or through the Service, such as whether you deleted, opened, or forwarded such messages, and share that information with other parties to your messages (for example, to let them know if you have viewed their message). When a user requests a quote or similar information from multiple businesses through the Service, we may disclose to those businesses information about the status of the user’s requests, such as whether any business has responded to the request, the type of response provided (for example, a quote or a request for more information), and whether the user has responded to any business’s reply. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Service, as well as our efforts to improve the Service. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests to exchange reviews for compensation. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business listed on Retailopolis, or use a phone number associated now or previously with such a business, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business. Our communications with you, including phone calls, may be monitored and recorded for quality purposes.
- Transactions: If you initiate a transaction through the Service, such as a reservation or purchase, we will collect and store information you provide associated with your transaction, such as your name, phone number, address, email, and payment information, as well as any other information you provide, in order to process your transaction, send communications about the transaction to you, and facilitate future transactions. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers and other sensitive payment information, that information is encrypted using industry standard technology. If you write reviews about businesses with which you transact through the Service, we may publicly display the fact that you transacted with those businesses in connection with such reviews. For example, if you make a dining reservation through the Service and later write a review about your experience, we may publicly display the fact that you made your reservation through the Service.
- Activity:We store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visits, businesses you call using our mobile applications, and reservations, purchases, or transactions you make through the Service. We also store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs and mobile applications. We may also receive and store your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Service. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the settings for our applications in iOS or Android privacy settings.
- Different Devices:You may access the Service through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the Retailopolis website or Retailopolis mobile apps). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one Retailopolis platform will typically be similarly visible and accessible through all other Retailopolis platforms.
- Professional Information:If you represent a business on Retailopolis, we may collect and display information about you related to your business activities, such as a business name that may incorporate your name, or a publicly available business address that is also used as a home address. We will also collect and display information about your professional background that you choose to share with us through the Service, such as information about your professional licenses or certifications, or your professional history or specialties.
- Legal Basis for Processing (EEA and Switzerland only):For European Residents, our legal basis for collecting and using the information described above will depend on the specific information concerned and the context in which we collect it. We, however, will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (for instance, to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations). If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will typically be to operate our Services, communicate with you in relation to our Services, or for our other legitimate commercial interests, for instance, when responding to your queries, to analyze and improve our platform, engage in marketing, or for the purposes of detecting or preventing fraud. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at the address listed below in the “Contact” section.
|Processes||Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.|
|Preferences||Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to send push notifications to your phone.|
|Notifications||Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.|
|Analytics||Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.|
You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. For flash cookies, you can manage your privacy settings by clicking here. Please note that changing any of these settings does not prevent the display of certain advertisements to you.
- THIRD PARTIES
Third parties may receive information about you as follows:
- Content Partners:We allow third party partners to use and display some of the public content available through the Service, such as your photos, reviews, and other information listed under “Public Content” in Section 1 above.
- Service Providers:We rely on third party service providers to support or provide services for us in connection with your use of the Service, such as food delivery services, communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Service, quality assurance testing, payment processing, marketing, and other functions. We share information from or about you with these third party providers so that they can perform their services or complete your requests. For example, we may share your advertising identifiers (e.g., your IDFA, GAID, or a cryptographic hash of your email address) with third party service providers that help us facilitate Retailopolis’s advertising programs and measure and report their effectiveness, including with third parties that help determine the efficacy of Retailopolis’s advertising programs by combining information they receive about you from other sources than the Service. You may be able to limit our access to some of this information through your mobile device settings, as described in Section 2 above, or through the Service’s settings. Retailopolis’s third party service providers may likewise share information with us that they obtain from or about you in connection with providing their services or completing your requests.
- Aggregate or Anonymous Information:We share user information in the aggregate with third parties, such as businesses that are listed on Retailopolis and content distributors. For example, we disclose the number of users that have been exposed to or interacted with advertisements, or that we believe visited the physical location of a particular business.
- Businesses on Retailopolis:We may share information from or about you (such as your city, and if you provide it, your age and gender), your device type, and your use of the Service (such as which businesses you bookmark or call, or if you visit a business’s URL) with businesses on Retailopolis. You may adjust your account settings to increase or decrease the amount of information we share. Keep in mind that businesses can also view your public activity and posts, and may receive information from or about you when you transact or communicate with them, through Retailopolis or otherwise, regardless of your settings (see Section 1 above). Additionally, if you make a phone call to a business through or in connection with your use of the Service, we may share information about your call with the business that the business would have received had you called them directly, such as the date and time of your call and your phone number. You may be able to limit our ability to collect and share your phone number through your phone settings or phone service provider.
- Investigations and Legal Disclosures:We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement request; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with Retailopolis’s Consumer Alerts program. If you flag or otherwise complain to us about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
- Links:The Service may link to third party-controlled websites, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices.
- Third Party Integrations:If you sign up for, or log into, Retailopolis using a third party service like Facebook or Google, or link your Retailopolis account to your account with a third party service like Facebook, Instagram or Twitter, we may receive information about you from such third party service. If you post content to a third party service through the Service, that third party service will also receive that content, which will be visible to anyone that has access to it through that third party service. Some of our web pages utilize framing techniques to serve content to you from our third party partners, while preserving the look and feel of the Service. In such cases, please note that the information you provide may be transmitted directly to the identified third party partner. If you interact with businesses through Retailopolis, they will receive whatever information you choose to share with them, for example contact information you share through direct messages to the business or your phone number if you call the business.
- CONTROLLING YOUR PERSONAL DATA
Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service. Retailopolis users can also use the Find Friends feature to find one another based on their names or email addresses (you can limit your visibility for this feature in your account settings). Please also note that the messages you send or receive using the Service are only private to the extent that both you and the recipient(s) of your messages keep them private. For example, if you send a message to another user, that user may choose to publicly post it. We may access, review, and disclose such messages in connection with investigations related to use of the Service, as well as our efforts to improve the Service.
- DATA RETENTION AND ACCOUNT TERMINATION
The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.
We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
- CONTACT INFORMATION
5250 Lankershim Blvd. Suite 500
North Hollywood, CA 91601
For security purposes, we will take such steps as we deem necessary to confirm your identity before completing your request or sharing any personal data with you.
10.CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act of 2018 (“CCPA“), California residents have certain rights around Retailopolis’s collection, use, and sharing of their personal information.
Retailopolis does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.
Retailopolis collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information Retailopolis collects and how we use it is provided above in Section 1 (Information We Collect and How We Use It). Section 3 (Third Parties) describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances.
If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow Retailopolis to retain and use certain personal information notwithstanding your deletion request. You may also send your request by email to info@Retailopolis.com
We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.
Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8.
11.NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. Retailopolis does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us.
12.EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS AND INTERNATIONAL DATA TRANSFER
If you are a European Resident, you have the right to access your personal data, and the right to request that we correct, update, or delete your personal data. You can object to the processing of your personal information, ask us to restrict processing of your personal information, and request portability of your personal information. Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. The Service generally provides you with a reasonable means to view and change your profile information and you can opt-out of marketing communications at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you or in your account settings. If you have any questions or comments about the processing of your personal information, you may contact us as described in Section 8 above. Please note that if you are a European Resident, the “data controller” responsible for protecting your personal data related to the Service is Retailopolis Ireland Ltd., a limited liability company established and resident under the laws of the Republic of Ireland.
- The Service is an online consumer-to-consumer marketplace. We do not offer business accounts. Retailopolis also does not sell or purchase any goods itself, take possession of the goods, either for itself or on behalf of users or others. While Retailopolis may help facilitate transactions, users that list and sell items through the Service (“Sellers”) and users that purchase items through the Service (“Buyers”) are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means you) are collectively referred to herein as “Users” of the Service.
- Retailopolis provides payment processing services through third-party service providers for items listed on its marketplace. Users can pay with and accept payment by credit card, debit card, PayPal, Apple Pay and Android Pay. Sellers may have funds from sales deposited into their designated bank account. Please remember, payment instruments and bank accounts can only be registered on one Retailopolis account at a time.
- Retailopolis is responsible for processing refunds, chargebacks or payment reversals and providing customer service in relation to questions related to the App, but is not and shall not be involved in disputes between Users.
- Retailopolis is also a licensed money services business in the U.S. jurisdictions listed on our Licenses/Disclosures page. Residents of certain states may have rights regarding concerns or complaints with our payment services; see the Money Transmitter Licenses page for more information.
Sellers agree to pay Retailopolis the current “Transaction Fee,” which is defined in the Help Center Section, upon a successful completion of a sale. The current Transaction Fee is a flat 7% Transaction Fee per transaction. If applicable, the Transaction Fee amount will be displayed when Seller lists a product for sale. If the Seller chooses to use the shipping label provided by Retailopolis when listing a product, the Seller also agrees to pay Retailopolis the applicable “Shipping Fee.” If an incorrect Shipping Fee is selected and/or if the carrier charges Retailopolis for postage due, Retailopolis may remove the amount paid to the carrier on your behalf from your Balance. Both the Transaction Fee and Shipping Fee will be subtracted from Seller’s earnings. Retailopolis may charge a cancellation fee of 5% of the item price but no more than $25 maximum. This will be subtracted from your Balance and/or charged to the credit card on file within 30 days after you receive a notification from us.
A User’s responsibility for bank transfer fees and other costs incurred to make or receive a payment shall be subject to the rules set forth in the Help Center Section. Retailopolis charges a $2 fee for Direct Deposit withdraw requests under $10, and a $2 processing fee if a Direct Deposit transfer is rejected by your bank.
If you are eligible for Instant Pay to withdraw your balance to a debit card, Retailopolis charges a $2 processing fee per Instant Pay transaction.
All fees associated with a transaction and/or shipping are communicated to the User at time of transactions.
Retailopolis may charge a cancellation fee of 5% of the item price but no more than $25 maximum. This will be subtracted from your balance and/or charged to the credit card on file within 30 days after you receive a notification from us.
Learn more about Retailopolis fees in our Help Center.
What is an NFT?
A Non-Fungible Token (NFT) is a unique, non-interchangeable unit of data stored on a blockchain. NFTs can link to and/or represent digital files, including but not limited to art, photos, videos, gifs, audio, as unique entities on the blockchain. NFTs can also connect to physical items. When someone purchases an NFT, the digital or physical asset is replaced with a digital token recorded as a unique entity on the blockchain. NFT tokens are also assigned a unique identifier to function as a title of ownership and authenticity of said digital content or physical item.
Cancelation of NFT purchase transaction?
All NFT transactions are final one processed; there are no returns or cancellations. However, you can always resell an NFT to the anyone you wish.
Custody of NFTs
Once purchased the NFT is sent to the purchaser’s designated wallet. Retailopolis does not custody NFTs for customers.
Can you resell an NFT?
Yes, NFTs purchased on Retailopolis can be resold. Once you purchase the NFT it is then sent to your Cardano (ADA) wallet and you then maintain ownership of the NFT, which serves as a digital receipt
Redeeming NFT for item
If you wish to redeem an NFT for an item stored in one of Retailopolis’ secure facilities, simply submit an NFT redemption request. The redemption process can take up to 30 business days.
Once an NFT is redeem for a physical item, that NFT is then removed from circulation and store in a black hole wallet.
By using our Service, you agree to follow the rules and manners as included in our Help Center and in our Terms and Policies. By using our Service, you agree not to engage in the following Prohibited Conduct:
- Using the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Posting, uploading, or distributing any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could consider objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
- Interfering with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
- Interfering with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
- Performing any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service Account without permission, or falsifying your age, date of birth or other information;
- Selling or otherwise transferring the access granted under these Terms or any right or ability to view, access, or use any Material.
Retailopolis may take any of the following actions on an account that has violated our Policies or if Retailopolis suspects prohibited conduct has occurred:
- We may contact Users or utilize a third party verification service to verify User Information.
- Retailopolis may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification.
- Retailopolis may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by Retailopolis.
- Retailopolis may hold funds after termination to cover chargeback/funds reversal risk or refunds arising from Prohibited Conduct as stated in our Terms of Service.
We may update our list of Prohibited Conduct from time to time in our FAQ. The following is a list of actions Retailopolis restricts users from participating in:
- Encouraging payments outside of Retailopolis
- Proposing or completing a transaction in person
- Proposing a trade, exchange, partial exchange, or swap
- Two members reducing the price of their own items and purchasing from each other
- Requiring or encouraging a direct transfer of a product
- Shipping internationally
- Shipping directly from a manufacturer
- Selecting inappropriately priced shipping labels
- Proposing payment for all or part of the item on delivery
- Returns unauthorized by Retailopolis
- Asking a Buyer to rate a transaction before the item is received
- Using Retailopolis for the purpose of money laundering
- Using Retailopolis to buy and sell from yourself, or to send funds to yourself
- Using Retailopolis for the purpose of utilizing shipping labels for your benefit
- Providing invalid tracking
- Having multiple Retailopolis accounts
- Creating a new account after being permanently banned
- Creating a new account to bypass restrictions on another account
- Earning Retailopolis Credits through multiple accounts
- Listing a Prohibited Item
- Creating multiple listings of the same item
- Excessive reposting of previously listed items
- Listing an item that is not actually for sale
- Listing items without the intent to sell
- Listing items with the intent to sell to certain users only
- Using a stock or advertisement photo as the only image
- Using photos that you do not own or have taken yourself
- Using another member’s photos or words without their consent
- Listing an excessive amount of search keywords
- Setting unrelated categories
- Setting a false brand
- Listings that do not specify size, color, quantity, etc.
- Listings that require users to specify size, color, quantity, etc.
- Listing in auction, raffle, or giveaway format
- Listing free items for purchase
- Promoting or advertising the use of Retailopolis Credits
- Listing another user’s personal information in a manner other than specified by Retailopolis
- Listing a single product with the purchase price divided into multiple parts
- Soliciting users to an external website
- Soliciting transactions to an external website
- Soliciting users to provide personal information
- Soliciting other users to list Prohibited Items or engage in Prohibited Conduct
- Indecent behavior
- Copyright infringement
- Posting false information
- Abuse of the invite credits system by offering independent rewards for users signing up
- Actions for the intentions of dating
Do not hesitate to contact Retailopolis if you come across or are solicited for such actions.
Retailopolis prohibits the listing or sale of any item that is set forth in the list of prohibited items. If a Seller lists a prohibited item, it will be deemed to be a violation of our Terms of Service regardless of whether the Seller acted intentionally or not. If Retailopolis determines that a listing is in violation or is otherwise inappropriate Retailopolis may, at its discretion, remove the listing and cancel any related transactions up to and including termination or suspension.
Retailopolis may not be used in connection with any product, service, transaction or activity that in general:
- Violates any law or government regulation, or promotes or facilitates such action by third parties;
- Is fraudulent, deceptive, unfair or predatory;
- Causes or threatens to damage Retailopolis’s reputation;
- Violates the terms of any bank, card or electronic funds transfer network;
- Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability
The list of Prohibited Items may be updated from time to time at Retailopolis’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.
Retailopolis may not be used to sell any of the following products or services:
- Anything illegal
- Drugs such as:
- Products, tools, or services specifically offered or intended to be used to create drugs
- Grow ingredients for drugs Ex. seeds for cannabis plants
- Prescription medicines or devices, pharmaceuticals, or behind the counter drugs
- FDA restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies, homemade cosmetics, and products that offer “miracle” cures
- Stolen goods:
- Note: If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to the regulations of the Code of Criminal Procedure (Act no. 131 of 1948).
- Counterfeit goods or goods infringing on a third party’s intellectual property rights such as:
- Listings of non-brand, non-genuine, imitation, fake, or replica
- Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
- Note: For brand-name products, serial numbers or receipts must be available when listing the item.
- Weapons such as:
- Firearms and firearm parts; including airsoft and bb guns
- Knives such as switchblades, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector
- Explosives or military ordinance
- Self defense weapons
- Tobacco products
- E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine
- Vaporizing liquid without nicotine
- Items used for identity theft such as:
- Account credentials, user login information, and/or account access codes
- Items not in your possession
- Advertisements or listings for objects being sought
- Items you do not currently have that are on order
- Coupons to purchase products
- Items that are a safety hazard
- Note: Flammable or combustible liquids and any other items that require special mailing or handling instructions must be sent using the ship on your own option.
- Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (Ex. “mod chips” to break the encryption on game computers to allow the playing of unlicensed game copies)
- Age restricted products or products that require a legal approval or licenses to be sold
- Gambling, including using this service for raffles and mystery purchases
- Financial products and services such as:
- Bonds, securities, and insurance
- Banknotes or coins of any currency or denomination, or gold bullion
- Buying and selling gift cards or prepaid cards
- Live Animals
- Any item that contains a computer virus, malware, or spyware
- Digital items – any items where the order is fulfilled electronically or requires a download such as:
- Ebooks, PDF files, or items for online games
- Humans, human body parts, organs, cells, blood, body fluids, and items that are soiled with human materials such as used underwear
- Explicit items
- Sexually explicit items such as sex toys and fetish items
- Offensive items (determined at our discretion)
Note: Any item may be removed at the discretion of the company.
For an individual to have a Retailopolis account you must be a resident of the United States and at least 18 years old, or the age of majority in your state of residence.
By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time apply to you (“Policies”). These Terms apply to all Users:
- Prohibited Conduct
- Prohibited Items
- Electronic Communications Delivery Policy (E-sign Disclosure and Consent)
- DMCA Policy
- Safety Policy
- Law Enforcement Information
Retailopolis helps people in the U.S. sell, list and transact online to sell and buy goods. The following Terms may apply, depending on how you use our Service.
Seller Rules – If you list any items for sale, these additional Policies apply to you.
Buyer Rules – If you use our Service to browse or purchase, these additional Policies apply to you.
Intellectual Property Owners – If you are the owner or authorized agent of the owner of copyrighted or other protected intellectual property, the DMCA Policy describes your rights and obligations to have your content removed from the App.
Law Enforcement and Information Requests – If you are contacting us to request information about a User or Transaction from an authorized law enforcement agency this process applies to you.
Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct Policies, Buyers also must not place orders without the intent to purchase, purchase goods for a commercial purpose (e.g., resale), or place any order that is determined by Retailopolis to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.
A Seller shall not purchase a product Seller themselves has listed. A Seller who wishes to withdraw a listing must do so per the procedures specified by Retailopolis in the Help Center Section.
Sales Contract. A sales contract for a product will be formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer shall not assign to a third-party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.
Retailopolis’s Role. Seller agrees that Retailopolis and its designated payment processor act as agents for the Seller in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Retailopolis of the purchase price (except for Buyer’s obligations in the event of a chargeback or other payment reversal).
Ratings. Once a product has been received by a Buyer, the Buyer shall promptly rate the Seller. Once the Buyer has rated the Seller, the Seller shall promptly rate the Buyer. –Ratings need to be provided by the Buyer and the Seller in order for the Seller to receive his or her earnings.
Settlement to Sellers. When user ratings by both a Buyer and a Seller are complete, Retailopolis and its designated payment processor will process the payment to Seller. Retailopolis will make commercially reasonable efforts to credit Seller’s earnings Balance with Retailopolis within ten (10) business days of receipt of the settled payment proceeds by Retailopolis. Retailopolis shall transfer earnings to Seller’s bank account upon Seller’s request. Retailopolis may ask for Seller’s User Information to ensure the transfer and purchase is secure, and may retain the earnings until Seller’s User Information has been verified and confirmed.
For more information on our payment procedures, please refer to the Help Center Section.
Any payment by a Buyer in connection with the Service shall be made through Retailopolis and its payment processor and the details of such payment or settlement shall be subject to the rules set forth in the Help Center Section. Purchases made by Payment Instrument through the Service are also subject to the terms and conditions between Buyer and the issuer of the Payment Instrument. When Buyer requests to make a purchase, Retailopolis processes such transaction on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument. By agreeing to these Terms, you authorize Retailopolis and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. Refunds under a certain dollar amount may be issued in Retailopolis Credit rather than requiring a shipping return to the Seller and a refund to the payment instrument at Retailopolis’s discretion. If a sales contract is formed, the Buyer shall pay the total amount of the product price and any applicable shipping fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee. If shipping for a product will be paid by the Seller, it will be included in the listed product price. If shipping will be paid by the Buyer, the product will be shipped after the Buyer pays the product price and shipping fee. If we are contacted by one of our shipping carriers and/or if Retailopolis is charged for postage or if Retailopolis is charged due to use of incorrect shipping labels or weight classifications, Retailopolis may remove the amount paid to the carrier on your behalf from your Account Balance. You, as a Buyer, agree that purchases made through the Service are transactions between you and the Seller, not with Retailopolis or its affiliates. Retailopolis and its affiliates are not parties to your payment transaction with the Seller. You also agree that Retailopolis shall not have any liability to you for any payments made through Retailopolis’s designated payment processor.
Retailopolis reserves the right to change, suspend or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law). For example, Retailopolis will promptly terminate without notice the Accounts of Users who are determined by Retailopolis to be “repeat offenders.” A repeat offender is a User who has been notified of a violation of our Terms, engages in infringing activity, or has had content removed from the Service at least twice.
If we terminate or suspend your Account or access to our Service:
- You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
- You remain responsible for fees, shipping fees, chargebacks/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
- Funds may be held initially for 30 or 90 days based on risk. You may be required to provide additional information regarding your account, your identity, your listings or your transactions to release the holds on these funds. However, additional infractions may extend the holding period up to 180 days to cover our risk. Funds for illegal activity or items will not be released.
- We may obtain reimbursement of any amounts owed by a Seller to Retailopolis by deducting from future payments owed to the Seller, reducing any credits from the seller’s Retailopolis Account Balance, charging any of the Seller’s Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
- Retailopolis will make refunds or other payments owed to you, as required by applicable law or regulation.
You may terminate your Account with Retailopolis at any time from your Account Settings in the App. You can find more information in the Help Center. Terminating your Account will not affect the availability of some of your listing content that you posted through the Service prior to your termination and completed transaction information. You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by Retailopolis, even after you close your Account. You remain obligated to resolve any disputes with other Users that are the result of purchases or sales of goods occurring prior to termination. Retailopolis-issued Credits are invalid and expire upon termination of your account.
Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute is escalated to Retailopolis, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of Retailopolis’s Terms. In the event that a Buyer submits a chargeback or other form of payment reversal, Retailopolis will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any requested information to Us within five (5) calendar days of the request. Retailopolis reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means. Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items. If there is a dispute between Users, or between a User and a third-party with regard to the Service, the matter shall be resolved by such users at their own cost. Retailopolis may participate in the dispute at its discretion. After a transaction is processed, Retailopolis is the final arbiter of disputes between Users and Retailopolis shall not bear any liability related to such disputes. If you have a dispute with one or more users, you release Retailopolis (and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
- Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third-party’s rights by posting it.
- Permission to Use Your Content. By posting Your Content through our Service, you grant Retailopolis a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Retailopolis function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account.
- By posting Your Content, you grant Retailopolis a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote Retailopolis, or the Service in general, in any formats and through any channels, including across any Retailopolis Service or third-party website or advertising medium.
- Reporting Unauthorized Content. Retailopolis has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If content that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA Notification in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We will notify you if that happens.
- Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Retailopolis’s Service (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Prohibited Conduct Policy or any part of our Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.
Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.
Records of your payment transactions through the Service and Retailopolis Account Balance transactions will be reflected in your transaction history in your Retailopolis Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for alerting Retailopolis of such events through Contact Us in the Help Center Section, contacting us via email at contact@Retailopolis.com or by calling our 1-800 listed on the Contact Us page and on your receipts.
It is your obligation to print or save a copy of your transaction history if desired. Please refer to the Electronic Communications Policy for additional information.
In addition to reporting any issues directly to Retailopolis through Contact Us options in the Help Center Section, residents of certain states may have rights regarding concerns or complaints with our payment services. See the Licenses/Disclosures page for more information.
Retailopolis and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with Retailopolis. You assign to Retailopolis the right to earn interest on earnings or other funds maintained with Retailopolis and its bank, in consideration of your use of the Service.
After a transaction is complete and goods have been delivered to the Buyer, and after both the Seller and the Buyer have rated each other, the Seller may request to have his or her earnings Balance resulting from the sale deposited in his/her bank account by requesting a Direct Deposit or to use his or her earnings Balance as a Buyer for purchasing goods through the Service. Retailopolis and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice. A Seller whose User Information has not been verified and confirmed by Retailopolis may not complete a sale through the Service that would result in an Account earnings Balance more than $1,900 (one thousand nine hundred dollars) on any day (24 hour period) as calculated by Retailopolis at its discretion. Retailopolis limits Instant Pay to $500 total per month until you meet certain conditions and complete verifications.
There are no refunds on memberships purchased.
Buyer Remorse, Cancelation, Cancelation due to refusal to ship item to “verified billing address”
We only accept shipments for large items and items valued at over $1,000, which must be delivered to the verified billing address associated with the payment method used.
If a refund request is solely based on buyer remorse or refusal to receive a shipment at the confirmed billing address, the customer will be responsible for the merchant processing fees incurred by us. Our merchant processor charges a non-refundable fee of 3.5% + $0.15 for each transaction.
Therefore, customers requesting a refund for the aforementioned reasons will forfeit the merchant processing fee of 3.5% + $0.15.
Once a product has been ordered by a buyer, cancellation of the transaction is generally not permitted, unless required by applicable law or regulation. However, Retailopolis may allow cancellation of an order in the following circumstances: if the buyer fails to make payment or pays late, if the buyer receives an item that does not match the description in the listing, if the buyer receives the wrong item or a damaged item, if the seller fails to ship within four days, or for other reasons deemed appropriate by Retailopolis.
Damaged, Not as Described, Wrong Items Received:
If a Buyer receives an item that’s damaged, not as described in the listing or is sent the wrong item, the Buyer must report the problem to us within 3 (three) days of delivery, or within such longer time as required under applicable law or regulation, through “Contact Us” in the Help Center Section.
In such a case, the Buyer must NOT rate the Seller.
Items may be returned to the Seller, as Retailopolis permits, for a refund. Any refund will be issued to the original form of payment, or if a return of the item is not required, the buyer may be issued a refund in Retailopolis Credit. If the Buyer and Seller agree to a return after this determination, Retailopolis may be contacted to process to the original form of payment. We do not provide refunds or returns for Prohibited Items.
Transactions where payment is sent outside of the Retailopolis platform are strictly prohibited by Retailopolis’s Terms and Conditions and not protected by our Buyer Protection Guarantee. Listings or profiles soliciting such transactions are subject to removal without notice.
A user may earn Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by Retailopolis. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by Retailopolis. To the extent permitted by applicable law or regulation, Retailopolis may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits. “Credits” means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms.
- A user will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by Retailopolis. A user will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A user is responsible for any unauthorized use of his or her Credits. Warranties and Limitation of Liability
- Credits expire at 11:59 PM Pacific Standard Time 30 days following the date on which the Credits were earned, if Retailopolis has informed the User of a separate period at or prior to the issuance applicable to particular Credits, such period shall apply to those Credits. Once expired, Credits will not be reinstated.
- If Retailopolis determines that your use of Credits violates our Terms or is otherwise inappropriate, Retailopolis may invalidate all the Credits earned by either you or through associated accounts.
A user may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by Retailopolis. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by Retailopolis. To the extent permitted by law or regulation, Retailopolis may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. “Coupons” means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by Retailopolis, through the Service in accordance with these Terms.
- A user will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
- A user will not be able to transfer Coupons to any other user or person.
- Retailopolis will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by Retailopolis in accordance with applicable laws and regulations. A user is responsible for any unauthorized use of his or her Coupons.
- If Retailopolis determines that your use of Coupons violates our Terms or is otherwise inappropriate, Retailopolis may invalidate all the Coupons and/or Credits earned by using Coupons owned by such user.
- Coupons expire in accordance with the applicable campaign rules provided by Retailopolis. Once expired, Coupons will not be reinstated.
The App and Website are licensed, not sold, to you for use only under our Terms. Retailopolis reserves all rights not expressly granted to you. Retailopolis hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website on a single compatible device that you own or control, solely for your own personal use. You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third-party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website. The Service may include open source software or third-party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center Section for the applicable notices and license terms.
License to Use Our Service. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
- Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use Retailopolis to list or sell items that violate any laws. You may not use Retailopolis Service to commit fraud, theft or any other crimes against Retailopolis, another Retailopolis user or a third-party. Please review our Prohibited Items Policy and Prohibited Conduct Policy for more details.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Agreement to Receive Electronic Communications. By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
- Items You Purchase. Retailopolis does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent sellers, so Retailopolis cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Retailopolis from any claims related to items sold through our Service, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
- Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. Retailopolis is not responsible for the decency, accuracy, copyright compliance, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content.
- People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. Please report Users who engage in Prohibited Conduct in the Help Center so we may review their account. Please also follow our Safety Guidelines.
- Other Disclaimers/Warranties.
- Retailopolis is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
- We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.
We hope this never happens, but if Retailopolis gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending Retailopolis to the best of your ability. That means you must assist Retailopolis in defending any matter in which you were involved. This includes providing information regarding your experience (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.
Liability Limits. To the fullest extent permitted by law, neither Retailopolis, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall Retailopolis’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid Retailopolis in the past twelve months for Seller fees.
Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify Retailopolis from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. RETAILOPOLIS DISCLAIMs ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
RETAILOPOLIS IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. RETAILOPOLIS HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.
Limitation of Liability. IN NO EVENT WILL RETAILOPOLIS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RETAILOPOLIS HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF RETAILOPOLIS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO RETAILOPOLIS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.
FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR RETAILOPOLIS ACCOUNT BALANCE, THE SOLE REMEDY AGAINST RETAILOPOLIS SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL RETAILOPOLIS BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF RETAILOPOLIS OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
RETAILOPOLIS SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.
RETAILOPOLIS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Force Majeure. Retailopolis shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; labor conditions; power failures and/or internet disturbances.
You and Retailopolis each agree that any and all disputes or claims that have arisen or may arise between you and Retailopolis relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than in court, except that you may assert a claim in small claims court, if it meets the criteria. Arbitration is more informal than a lawsuit filed in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and Retailopolis agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND RETAILOPOLIS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RETAILOPOLIS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.
All arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to Us at the following address in order to initiate arbitration proceedings: Retailopolis, Inc. Attn: Compliance PO Box 60178, Palo Alto, CA 94306.
For claims under $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place at a mutually-agreeable location or, if user and Retailopolis are unable to agree, in Santa Clara County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Retailopolis user to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. For claims under $10,000, Retailopolis will pay all arbitration fees and will reimburse you for the initial filing fee.
If you receive an arbitration award that is more favorable than any offer Retailopolis makes to resolve the claim before an arbitrator was selected, then Retailopolis will pay user’s reasonable attorneys’ fees (not to exceed the actual amount of attorney’s’ fees incurred by user) in addition to any substantive award. Retailopolis will not seek its attorney’s’ fees and costs in arbitration unless the arbitrator determines that user’s claim is frivolous.
Severability. With the exception of any of the provisions in this Policy, if an arbitrator or court decides that any part of this Policy is invalid or unenforceable, the other parts of this Policy shall still apply. If an arbitrator or court decides that any of the provisions in this Policy (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this section shall be null and void.
IF YOU ARE A NEW USER, YOU CAN CHOOSE TO REJECT THIS ARTICLE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE TERMS FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO RETAILOPOLIS, INC., PO BOX 60178, PALO ALTO, CA 94306.
To the extent that you are using our App on an iOS device, you further acknowledge and agree to this section. You acknowledge that these Terms are between you and Retailopolis only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the App infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You’ll need to create an Account with Retailopolis to use some features of our Service. If Retailopolis determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, Retailopolis may, at its sole discretion, take action, up to and including termination of your account. Additional information can be found in the Seller Policy, Prohibited Conduct and Prohibited Items Policies. If you have previously violated our Terms using another account, refuse to provide information, or if we are unable to verify the information you provided, you may be ineligible for an Account.
Here are a few rules about Accounts with Retailopolis:
- A User shall not use an Account for money laundering or any illegal purpose or in violation of any law or regulation or provision of these Terms. As a condition for using the Service, we hold all buyers or sellers accountable for violations of law, violations of these Terms and all applicable policies.
- You must be 18 years of age or older to have an account
- You may only register for and maintain one Account. Payment instruments and bank accounts can only be registered on one Retailopolis account at a time; they cannot be shared on multiple accounts.
- You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity. It is prohibited to use false information or impersonate another person through your Account.
- If you make purchases, you will be asked to provide information about your Payment Instrument(s), which may include a credit card, debit card, Account or Balance resulting from earnings from prior sales or another payment method permitted by us. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the Payment Instrument issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
- If you complete a sale, you may withdraw your Account Balance to your bank account using Direct Deposit or Instant Pay. It is your responsibility to ensure that your bank account information is entered correctly. We may be unable to recover money sent to an inaccurate bank account number using Direct Deposit or Instant Pay.
- If you utilize our shipping options it is your responsibility to select the correct weight class for the labels and to provide valid tracking. You are responsible for any additional fees from the carrier(s).
- You are solely responsible for any activity and listings on your Account. You also are responsible for ensuring your Account accurately reflects your current User Information.
- You are responsible for all fees, chargebacks, payment reversals or refunds received by Retailopolis, even after you close your Account. Amounts owed may be removed from your Balance.
- You are responsible for keeping your Account password secure. See Our Safety Guidelines for tips on keeping your Account secure. If you believe your account has been compromised please contact info@Retailopolis.com.
Please visit our Help Center for questions about setting up an account with Retailopolis
- These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Retailopolis.
- The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and Retailopolis regarding the Service.
- If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
- The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without consent.
If Retailopolis determines that there is a need to notify or contact a user, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. Retailopolis shall not be liable for any damages incurred due to the fact that Retailopolis’s notice or communication was not received or was delayed.
You may contact Retailopolis by emailing us through the Help Center. You may print or PDF our policies If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.
You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service.
Governing Law and Jurisdiction
- These Terms shall be governed and construed under the laws of California. Any dispute that arises between you and Retailopolis that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the state and federal courts in Palo Alto, California.
- If you are a California resident, California Civil Code Section 1789.3 allows you to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.