Personal Information

The following describes the terms on which Spaggi LLC offers you access to our services. Introduction:

Welcome to Spaggi. By using Spaggi (including Spaggi.com and its related sites, services and tools), you agree to the following terms with Spaggi and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to our help section.

Scope

Before you may become a member of Spaggi, you must read and accept all of the terms in, and linked to, this User Agreement and the Spaggi Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Spaggi sites or services, or when you use the tools we make available to interact with Spaggi sites and services. If you use another Spaggi site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Spaggi sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Using Spaggi

While using Spaggi sites, services and tools, you will not:

• post content or items in an inappropriate category or areas on our sites and services;
• violate any laws, third party rights or our policies,
• use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you make an agreement to purchase, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other users' listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Spaggi;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Spaggi);
• transfer your Spaggi account (including feedback) and User ID to another party without our consent;
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Spaggi, or the interests or property of Spaggi users;
• export or re-export any Spaggi tools except in compliance with the export control laws of any relevant jurisdictions;
• copy, modify or distribute rights or content from the Spaggi sites, service or tools or Spaggi copyrights and trademarks; or
• harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Spaggi

Spaggi works to keep its site and services working properly. Please report problems, offensive content, and policy violations to us.

Spaggi will do its best to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify Spaggi and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off- Spaggi transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Spaggi sites, services or tools.

Buyer Protection

Business Owners and Consumers share the responsibility for making sure purchases facilitated by Spaggi are exciting, rewarding and hassle-free. We strongly encourage Business Owners to work with Consumers before opening a claim relating to a purchase. Business Owners and Consumers agree to follow the requirements of the Spaggi Policy with respect to claims. We require Spaggi sellers to comply with our resolution process. Business Owners and Consumers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with Spaggi. add language here for resolving third party.

Fees and Services

Joining Spaggi is currently free. Spaggi reserves the right to change its policy at any time and charge for its services including but not limited to membership with Spaggi. Changes to Spaggi's fee schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Spaggi site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, etc )

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For anyone using the Spaggi site, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Spaggi users). You may use catalog content solely in connection with Spaggi during the time you are doing business on the Spaggi site. While we try to offer reliable data, we cannot promise that the information will always be accurate and up-to-date, and you agree not to hold Spaggi responsible for inaccuracies . If you choose to include catalog content in your submittals, you continue to be fully responsible for your submittals and for ensuring that your submittals are accurate, do not include misleading information, and comply with this User Agreement and all Spaggi policies. The information may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the information or create any derivative works based on Spaggi content (other than by including them in your submittals).

Limitation of Liability

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Spaggi by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of Spaggi and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Listing Conditions

By selling an item on Spaggi sites, you agree to pay Spaggi's fees , assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Spaggi's sites, your listing will be posted on Spaggi's sites and can be viewed on Spaggi. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Spaggi can't guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Spaggi Privacy Policy. We view protection of users' privacy as a very important principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Spaggi Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

Indemnity

No Agency

Notices

Legal Disputes

• Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Spaggi must be resolved exclusively by a state or federal court located in Los Angeles County of California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through JAMS. JAMS shall appoint an arbitrator and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against Spaggi must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Spaggi may recover attorneys' fees and costs up to $10,000, provided that Spaggi has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

General

Spaggi LLC's mailing address is P.O. Box 5334, Beverly Hills, CA 90209. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective after they are initially posted. Additionally, we will notify you through the Spaggi Message Center or Spaggi email.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes. In accordance with Cal. Civ. Code section1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Spaggi LLC All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the Spaggi User Agreement and Privacy Policy

This Privacy Policy describes how we handle your personal information for our services on the Spaggi websites. It applies generally to the Spaggi.com website and content and other related websites where this policy appears in the footer of the page. Some Spaggi -branded websites or websites we operate may be governed by separate privacy policies. The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website.

Our subsidiaries' and joint ventures' privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the global Spaggi trading community. By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on December 15, 2010.

Collection

You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

We may collect and store the following personal information:

• email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;
• transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);
• shipping, billing and other information you provide to purchase or ship an item;
• community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;
• other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
• additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of an item you list);
• information from other companies, such as demographic and navigation data; and
• other supplemental information from third parties (for example, if you incur a debt to Spaggi we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).

Marketing

We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference in My Spaggi or by following the directions provided with the communication or advertisement.

Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

• provide the services and customer support you request;
• resolve disputes, collect fees, and troubleshoot problems;
• prevent potentially prohibited or illegal activities, and enforce our User Agreement;
• customize, measure and improve our services, content and advertising;
• tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and
• compare information for accuracy, and verify it with third parties.

Our Disclosure of Your Information

We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

We may also share your personal information with:

• PayPal, etc.-to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you've requested their services.
• Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).
• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).
• Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.
• Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.

Information You Share on Spaggi

Your User ID is displayed throughout Spaggi (and so available to the public), and is connected to all of your Spaggi activity. Other people can see your bids, purchases, items for sale, storefronts, feedback, ratings and associated comments. Notices sent to other community members about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Spaggi activities.

If you access our sites from a shared computer or a computer in an internet cafe, certain information about you, such as your User ID, activity or reminders from Spaggi, may also be visible to other individuals who use the computer after you.

Using Information from Spaggi

Spaggi enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, shipping and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and shipping information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

You agree to use user information only for:

• Spaggi transaction-related purposes that are not unsolicited commercial messages;
• using services offered through Spaggi (such as escrow, shipping, and fraud complaints), or
• other purposes that a user expressly chooses.

Cookies

• We offer certain features that are available only through the use of cookies.
• We use cookies to help identify you and maintain your signed-in status.
• Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.
• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.
• You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

No Spam, Spyware or Spoofing

Account Protection

Security

Third Parties

General