You need to be at least 13 years old and a resident of the United States or Canada to register for and use the Software. If you are a user who signs up for the Software, you will need to create a personalized account, which includes a unique username and a password to access the Software and to receive messages from RevSeller. You agree to notify RevSeller immediately of any unauthorized use of your password and/or account. RevSeller will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password, or account.
Your permission to use the Software is conditioned upon the following Use Restrictions. You agree that you will not under any circumstances:
Opinions, advice, statements, offers, or other information or content made available through the Software, but not directly by RevSeller, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. RevSeller does not guarantee the accuracy, completeness, or usefulness of any information on the Software. RevSeller neither adopts or endorses, nor is responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than RevSeller. RevSeller takes no responsibility and assumes no liability for any user content that you, any other user, or a third party posts or sends over the Software. Under no circumstances will RevSeller be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Software or transmitted to users or the lack of information on the Software.
As part of the Software, RevSeller may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to you. RevSeller has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by RevSeller, and RevSeller is not responsible for any Third Party Sites accessed through the Software or any Third Party Applications, Software or Content posted on, available through, or installed from the Software, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by RevSeller. If you decide to leave the Software and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk, and you should be aware that RevSeller’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Software or relating to any applications you use or install from the RevSeller website.
(a) Termination of Repeat Infringer Accounts. RevSeller respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, RevSeller has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Software who are repeat infringers. RevSeller may terminate access for participants or users who are repeatedly found to provide or post protected third-party content without necessary rights and permissions.
(b) DMCA TakeDown Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Software infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to RevSeller through the Customer support contact form:
(c) Counter-Notices. If you believe that your user content that has been removed from the Software is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to RevSeller using the contact information set forth above:
If a counter-notice is received by RevSeller, then RevSeller may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in the RevSeller's sole discretion) be reinstated on the Software in 10 to 14 business days or more after receipt of the counter-notice.
The Software operates by accessing and compiling information that is owned by third parties. If Revseller’s access to such information is restricted or terminated, the Software may be unable to function or may experience a reduction in the quality of service. As such, Revseller cannot guarantee the continuation or quality of service when such access to information is restricted or terminated by third party action. By using the Software, you acknowledge that you understand and agree to assume these risks.
Communications made through the Software's email and messaging system, will not constitute legal notice to RevSeller or any of its officers, employees, agents, or representatives in any situation where notice to RevSeller is required by contract or any law or regulation. Legal notice may be mailed to RevSeller at the following address:
Opting out may prevent you from receiving messages regarding RevSeller or special offers.
THE SOFTWARE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, REVSELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REVSELLER MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO, AVAILABILITY OF OR OPERATION OF THE SOFTWARE WILL BE PERPETUAL, UNINTERRUPTED, OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SOFTWARE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVSELLER, ITS AFFILIATES, DIRECTORS, OR AGENTS, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT, (B) YOUR USE OR INABILITY TO USE THE SOFTWARE, (C) THE SOFTWARE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SOFTWARE AVAILABLE, (D) THE SUSPENSION OR TERMINATION OF SERVICE, OR (E) ANY OTHER INTERACTIONS WITH REVSELLER OR ANY OTHER USER OF THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REVSELLER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or a merchant of a product or service relating to the Software, you release RevSeller (and its officers, directors, agents, subsidiaries, joint ventures and employees) 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 does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You agree that any cause of action related to or arising out of your relationship with RevSeller must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
We collect "NonPersonal Information" and "Personal Information." NonPersonal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your email, which you submit to us through the registration process at the Site.
In an effort to improve the quality of the Software, we track information provided to us by your browser or by our software application when you view or use the Software, such as the website you came from (known as the "referring URL"), the type of browser you use, the device from which you connected to the Software, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user's browser from our servers and are stored on the user's computer hard drive. Sending a cookie to a user's browser enables us to collect NonPersonal information about that user and keep a record of the user's preferences when utilizing our services, both on an individual and aggregate basis.
RevSeller may use both persistent and session cookies. Persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
We use Google Analytics to collect usage statistics to help improve user experience. You may opt-out of Google Analytics tracking by visiting https://tools.google.com/dlpage/gaoptout.
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
RevSeller is committed to protecting the privacy of all users, including minors and children. However, the Software is not intended to be used by minors and children. Per the Children’s Online Privacy and Protection Act (COPPA), we will neither knowingly collect information from, nor knowingly sell information to those under the age of 13. A parent or guardian of any child under the age of 13 may request that we remove information collected in the event that such child has submitted Personal Information without the parent’s or guardian’s consent. To request the removal of such Personal Information from our system, please contact us as indicated below under the "Contact Us" section.
California residents have the right to request, once per year, information about third parties with whom their Personal Information has been shared for marketing purposes as well as a description of the categories of Personal Information shared with third parties. To request this information, please email us at the email provided below under the "Contact Us" section and include in the subject line "California Privacy Request." Also include in your email your name, address, and email address. We will respond to your request within thirty days of receiving the necessary information.
Residents of the European Union have the following rights:
To make any of the above requests, simply contact us as directed below under the "Contact Us" section with the subject line "EU privacy request." In the event that we become aware that your Personal Information is exposed through a data breach, we will notify you promptly via the primary email address specified in your account.
RevSeller also provides the Software under a Canadian domain, which is subject to the Personal Information Protection and Electronic Documents Act ("PIPEDA").
To make any of the above requests, simply contact us as directed below under the "Contact Us" section with the subject line "Canada privacy request." In the event that we become aware that your Personal Information is exposed through a data breach, we will notify you promptly via the primary email address specified in your account. We will also notify the Privacy Commissioner of Canada per PIPEDA requirements.