Terms and Conditions
The following user agreement (referred hereafter as “Agreement”) pertains to the online resources provided by Citify.ca including items for sale, & email services (referred hereafter as “Service”). If you do not agree to all of the following terms or conditions, or future modifications, contained in this agreement then do not use the service.
2. Online Venue
Citify.ca is a venue that allows users to sell their items. Because we are a venue, you agree that you are solely responsible for your interactions with other users, individuals or organizations (referred hereafter as “Participants”) found on the Service. In the event of a dispute between you and other Participants, you understand and agree that Citify.ca is not obligated in any way to become involved. You also agree that Citify.ca shall not be responsible or liable for any losses or damages of any kind resulting from your interactions with other Participants found on the Service. If there is a dispute between you and any Participants you hereby release Citify.ca, it's officers, agents, employees and successors in rights from all claims, demands & damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and / or the Service.
You agree to the 5% commission fee after your items sell through our platform and agree that the amounts accrued through the commission is non-refundable no matter the circumstances of the sale or the quality of the products and services received. All issues dealing with payments can be taken with either the merchant or canceled through PayPal. The PayPal transaction fees of 2.9+ 0.30 are with PayPal alone.
Because Citify.ca behaves as a hands off method for publishing information online, the responsibility of all text, postings, messages, images, photos, links, or other material (referred hereafter as “Content”) provided on the Service are the responsibility of the Participants providing that Content.
You agree to:
Provide Content that is accurate, truthful, and not misleading in conjunction with using any part of the service.
Obey all laws, statutes, ordinances, and regulations in conjunction with using any part of the service.
List any single item or multiple items of the same type once.
Use the service to contact a user for the sole purpose and intent of purchasing an item made available for sale by the user and explicitly not for solicitation of other services or goods by you or another party.
Use the service to contact a user for the sole purpose and intent of selling the item as described in a wanted ad by the user and explicitly not for the solicitation of other services or goods by you or another party.
You also agree not to:
Sell counterfeit or stolen items or anything which you do not have the legal right to sell.
Provide Content which may be considered derogatory, hateful, defamatory, libelous, threatening, harassing, pornographic (including all adult/mature related material) or obscene.
Provide Content which contains spam, pyramid schemes, advertisements of any kind, referral codes, or solicitations of services or goods not immediately available or which require a deposit for preorder.
Provide Content which contains harmful computer code such as viruses, trojan horses, or worms.
Impersonate another person or misrepresent your affiliation with a third party, be it a person, business or otherwise.
Use robots, crawlers or other automated means of collecting data without express written permission.
Perform any action which uses or may use at our sole discretion an unreasonable amount of eBluejay's system resources or cause a slowdown of the service for other users.
Items may not include or link to:
Pornography, adult or mature content
Content related to racial intolerance or advocacy against any individual, group or organisation
Gambling or casino-related content
Illicit drugs and drug paraphernalia content
Sales of beer or hard alcohol
Sales of tobacco or tobacco-related products
Sales of prescription drugs
Sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns, BB guns, air guns, blow guns)
Sales of products that are replicas or imitations of designer goods
Sales or distribution of digital content which infringe on the legal rights of the content owner
Sales or distribution of coursework or student essays
Content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails
Any other content that is illegal, promotes illegal activity or infringes on the legal rights of others
Any violation of the above guidelines may lead to item removal and/or account suspension.
Citify.ca also reserves the right to disallow, remove or move Content for any infraction of the above conditions or for any reason whatsoever.
5. Spam Policy
Citify.ca expressly prohibits the sending of unsolicited emails to Citify.ca users through the Service which will use or cause to be used servers located in the United Kingdom. Any unauthorized use of the Citify.ca computer system is a violation of the Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Violations of said laws may subject the sender and his or her agents to civil and criminal penalties.
6. Termination of Service
Citify.ca at it's sole discretion has the right to terminate your access to the Service and remove any Content in the Service if at it's sole discretion any terms of the Agreement have been violated, or for any other reason. Citify.ca shall not be liable to you or any third party for any termination of your access. Sections 2, 3, 4, and 6-11 shall survive the termination of this Agreement.
7. Proprietary rights
All Content published on the Service is protected by copyright, pursuant to copyright laws and international convention. Additionally, any reproduction, modification, publication, distribution, redistribution, transmission, transfer, sale, display or exploitation of the Content on the Service, whether in whole or in part, constitutes a violation of federal or common law and is prohibited.
8. NO WARRANTY
THE CITIFY.CA SITE AND SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL CITIFY.CA, IT'S OFFICERS, AGENTS, EMPLOYEES AND SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING FROM ERRORS, OMISSIONS, DELAYS OR OTHER CAUSE OF ACTION THAT MAY BE ATTRIBUTED TO YOUR USE OF THE SERVICE, INFORMATION, ADVICE OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR CITIFY.CA SITE. Some states do not allow the disclaimer of limitation of liability, so the foregoing disclaimer may not apply to you.
10. Legal Compliance
You shall comply with all applicable domestic and international laws, regulations and ordinances applicable to your use of the Service under this Agreement. You agree that CITIFY.CA is not liable for results caused by your or other participant's failure to comply with all domestic and international laws, regulations and ordinances applicable to activities under this Agreement.
You agree to indemnify and hold CITIFY.CA, its officers, agents, employees, and successors harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, violation of this Agreement or any breach of your representations and warranties set forth above.
12. Governing Law
This Agreement shall be interpreted and construed according to, and governed by, the laws of Quebec, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in Quebec shall have jurisdiction to hear any dispute under this Agreement.