LICENSE. If you are 14 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access our Service in compliance with the TOU; unlicensed access or use is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from our Service, excluding content you create. You also agree not to arrange for or participate in the sale of live animals using the Service. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid and sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
MODERATION. You agree we may moderate your access and use of the Service in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination.
FEES. You authorize us to charge you a service charge as follows. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for auction items we remove. We may refuse your purchases or sales, which may place a hold on your account.
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law, (1) we make no promise as to the Service, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and the Service is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your use of the Service; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("OUR ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) OUR ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $50 OR WHAT YOU PAID US IN THE PAST YEAR, whichever is less.
DISPUTE RESOLUTION. This Agreement, and all matters arising out of or relating to this Agreement, will be governed by and interpreted in accordance with the laws of the State of California, CA, without regard to the choice of law rules of the State of California. You agree to resolve any disputes only by binding arbitration in San Francisco, CA in accordance with the JAMS Streamlined Arbitration Rules and Procedures.