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Welcome to Vagood. By accessing www.Vagood.com and its related websites, services, applications or tools (Collectively referred to as "Vagood") you are agreeing to make sure that Vagood works for everyone. You accept these Terms of Use by clicking the "Create Account" button when registering a Vagood account and by otherwise accessing Vagood, including posting an ad; or as otherwise indicated on Vagood.
As a condition of your use of Vagood you agree that you will not:
1. violate any laws;
2. violate the Policies;
3. post any threatening, abusive, defamatory, obscene or indecent material;
4. post or otherwise communicate any false or misleading material or message of any kind;
5. infringe any third-party right;
6. distribute spam, chain letters, or promote pyramid schemes;
7. distribute viruses or any other technologies that may harm Vagood or the interests or property of Vagood users;
8. impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Vagood;
9. copy, modify, or distribute any other person's content without their consent;
10. use any robot spider, scraper or other automated means to access Vagood and collect content for any purpose without our express written permission;
11. harvest or otherwise collect information about others, including email addresses, without their consent;
12. copy, modify or distribute rights or content from Vagood or Vagood's copyrights and trademarks;
13. harvest or otherwise collect information about users, including email addresses, without their consent;
14. bypass measures used to prevent or restrict access to Vagood;
15. use any tool that interferes with the normal functioning of Vagood, including, without limitation, browser plug-ins (including, but not limited to, FreeTheTree), extensions, or other software which are designed to supplement, remove or otherwise change any of Vagood's functionalities;
16. sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
You are solely responsible for all information that you submit to Vagood and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of Vagood either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on Vagood, we may, at our discretion, inform other Vagood users that have been in contact with you and recommend that they exercise caution.
Vagood and the Vagood community work together to keep Vagood working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Vagood if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Vagood employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Vagood or not, we do not have any obligation to monitor the information transmitted or stored on Vagood and we do not accept any liability for unauthorised or unlawful content on Vagood or use of Vagood by users.
Some of Vagood's features may display your ad on other sites, services, applications or tools (together a “Platform”) that are part of the Vagood community, or on third party Platforms, including social media channels. By using Vagood, you agree that your ads can be displayed on these other Platforms and media channels. You may be subject to additional laws or other restrictions in the countries where your ad is posted. When your ad is posted on another Platform, you may be responsible for ensuring that it does not violate such other Platform's policies. We may remove your ad if it is reported on Vagood, or any third party Platform, or if we believe it causes problems or violates any law or policy.
Vagood contains content from us, you, and other users. Vagood is protected by copyright laws and international treaties. Content displayed on or via Vagood is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Vagood without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Vagood. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Vagood (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third party Platforms and media channels. In particular, by giving us content, you grant us the right to display such content on Platforms that are part of the Vagood corporate group, and on other online marketplaces, social media channels, blogs, in all types of marketing communications and on all other Platforms. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
Vagood may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Vagood ad while your ad is on Vagood. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Vagood's sole discretion.
You may not have the opportunity to review all of the supplemental data before posting an ad. Vagood is not responsible for the accuracy of any third party supplied supplemental data. You continue to be responsible for ensuring that your ads are accurate, do not include misleading information and fully comply with these Terms of Use and all Vagood policies. If you notice inaccuracies in this data after your ad appears on the site please get in touch with us.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Vagood by private individuals. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Vagood.
Reporting an infringement:
In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Formand email it to Vagood at [email protected]. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorised representative. This information must also enable Vagood to identify the advertisement to be removed. such as AD id, URL.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users' postings and are not involved in the actual transactions between users. As most of the content on Vagood comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Vagood, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
If you have a dispute with one or more Vagood users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any Terms of Use but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
By using Vagood, you agree to the collection, transfer, storage and use of your personal information by Vagood on servers located in the Netherlands, Germany, France, United States and China as further described in our Privacy Notice.
You and Vagood shall process personal data received under and/or in connection with these Terms of Use each as a separate and independent controller. In no event will Vagood and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection law.
You shall comply with your obligations under applicable data protection law (including but not limited to the Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”)) and supplementing EU and local data protection law. This includes, but is not limited to the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation. You shall process personal data received from Vagood exclusively for the purpose(s) you received the personal data under and/or in connection with these Terms of Use. You shall erase the personal data received under these Terms of Use immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g., if a retention obligation applies).
Failure to abide with the aforementioned obligations may result in disciplinary action up to and including account suspension.
As part of the services, Vagood has access to various information about users, including personal data. This includes information that users submit to Vagood as part of the services (such as contact information or item descriptions) as well as information that is generated by the provision and processing of the services (such as ratings, sales analysis or communication).
Via Vagood.com and its related websites, services, applications or tools, you receive information which is necessary for the processing of transactions (in particular, the contact information of the other user involved in a transaction) as well as aggregated information on the performance and analysis of your ads, which are partly related to the data of other users of the services (such as number of impressions of an ad, conversion rate or return rate).
Vagood only shares information about users with third parties if this is necessary for the provision of the services or if Vagood is legally or contractually entitled to do so.
Upon expiry of these Terms of Use, we will delete the information you provided, or which was generated through your use of the services from your Vagood account. Regardless, we maintain this information after the expiry of these Terms of Use if we are legally obliged or have a legitimate interest to do so. We will generally maintain aggregated data generated using the services (e.g. statistics about ads in a category) upon expiry of these Terms of Use.
For information regarding the processing of personal data by Vagood, including sharing such data with third parties and your rights as a data subject, please see our Privacy Notice.