General Terms and Conditions
Auctions and Classified ads on EZ33 are intended to be a friendly, enjoyable
and useful experience, but as with any monetary transaction, there are risks
involved and we strongly advise you to understand all of these terms before
joining. If you spot a listing that you feel is violating the general terms and
conditions of EZ33 as stated below please let us know by contacting us. Rights To Suspend or Terminate.
You agree that EZ33, in its own
discretion, may terminate any auction, classified or use of the service
immediately and without notice if (a) We believe that you are not abiding by the general rules of this
web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious or in any way illegal item
(d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing
whilst we investigate further. If our investigation is conclusive then your
account with us will be terminated.
Your Conduct
You are solely responsible for the contents of your auctions
and or classifieds listed on this web-site. You must ensure that your
participation in the selling or buying of items does not violate any applicable
laws or regulations. By this we mean that you must check to ensure that you are
entitled to sell or buy the relevant item and that you are not prohibited from
doing so by any law or regulation.
You must not transmit through the service
any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material, including, but not limited to, any
adult or pornographic material, any occult or satanic material, any hate
material or any other material deemed unfit by EZ33 staff. You must also not
transmit any material that encourages conduct that could constitute a criminal
offence, give rise to civil liability or otherwise violate any applicable law or
regulation. Membership
Membership to this web-site is only available to those who can
form a legally binding contract. This web-site does not permit minors
(under18) to register. If any member fails to signup with their correct age
the account will be terminated immediately. General Terms
This site acts as a venue for sellers to conduct auctions
and or classified ads and for bidders to bid on sellers' auctions and classified
ads. We are not involved in the actual transaction between buyers and sellers.
As a result, we have no control over the quality, safety or legality of the
items listed, the truth or accuracy of the listings, the ability of sellers to
sell items or the ability of buyers to buy items. We can not and do not control
whether or not sellers will complete the sale of items they offer or if buyers
will complete the purchases of items they have bid on.
In addition, note
that there are risks of dealing with foreign nationals, underage persons or
people acting under false pretence.
This Web-site shall not be responsible
for any items sold by Auction or by Classified Ad, for any damage to items
during transit or during the inspection period, nor for misrepresentations
and/or breaches of contract by either buyer and/or seller. This web-site shall
not be responsible for the cost of procurement of substitute goods or any losses
resulting from any goods purchased or obtained.
This web-site assumes no
liability for the content of the listings. Laws
These Terms of Service shall be governed by and constructed in
accordance with the laws of Canada and The United States and any disputes will
be decided only by the Courts of Canada in Ontario.
In More Detail:
EZ33 User Agreement and Privacy Policy User Agreement THE
FOLLOWING DESCRIBES THE TERMS ON WHICH EZ33 OFFERS YOU ACCESS TO OUR
SERVICES. This Agreement describes the terms and conditions applicable
to your use of our services available under the domain and sub-domains
of www.ez33.comor ez33.com (the
"Site") If you do not agree to be bound by the terms and conditions of
this Agreement, do not use or access our services. You must read, agree
with and accept all of the terms and conditions contained in this User
Agreement and the Privacy Policy, which include those terms and
conditions expressly set out below and those incorporated by reference,
before you may become a member of EZ33. We strongly recommend that, as
you read this User Agreement, you also access and read the information
contained in the other pages and websites referred to in this document,
as they may contain further terms and conditions that apply to you as
an EZ33.com user. We may amend this Agreement at any time by posting
the amended terms on the Site. Membership Eligibility. Our services are
available only to, and may only be used by individuals who can form
legally binding contracts under applicable law. Without limiting the
foregoing, our services are not available to children (persons under
the age of 18) or to temporarily or indefinitely suspended EZ33
members. If you are a under the age of 18, you can use this service
only in conjunction with, and under the supervision of your parents or
guardians. If you do not qualify, please do not use our Site. Further,
your EZ33 account (including feedback) and User ID may not be
transferred or sold to another party. If you are registering as a
business entity, you represent that you have the authority to bind the
entity to this Agreement. Fees and Services. Joining and buying items
at EZ33 is free. We do charge fees for listing items for sale through
our Site and when you list an item you have an opportunity to review
and accept the fees that you will be charged. Our Fees and Credits
Policy is available and is incorporated into this Agreement by
reference. We may change our Fees and Credits Policy and the fees for
our services from time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) days' notice of the
changes by posting the changes on the Site. However, we may choose to
temporarily change our Fees and Credits Policy and the fees for our
services for promotional events (for example, free listing days) and
such changes are effective when we post the temporary promotional event
on the Site.. We may in our sole discretion change some or all of our
services at any time. In the event we introduce a new service, the fees
for that service are effective at the launch of the service. Unless
otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees associated with using our service and
the Site and all applicable taxes. We are not involved in the actual
transaction between buyers and sellers. As a result, we have no control
over the quality, safety or legality of the items advertised, the truth
or accuracy of the listings, the ability of sellers to sell items or
the ability of buyers to pay for items. We cannot ensure that a buyer
or seller will actually complete a transaction. Consequently, we do not
transfer legal ownership of items from the seller to the buyer nor are
we responsible for such actions. Identity Verification. We use many
techniques to verify the accuracy of the information our users provide
us when they register on the Site. However, because user verification
on the Internet is difficult, EZ33 cannot and does not confirm each
user's purported identity. You may wish to consider using a third party
escrow service or services that provide additional user verification.
Release. Because we are a venue, in the event that you have a dispute
with one or more users, you release EZ33 (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and 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.
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." Information Control. We do
not control the information provided by other users that is made
available through our system. You may find other user's information to
be offensive, harmful, inaccurate, or deceptive. Please use caution,
common sense, and practice safe trading when using the Site. Please
note that there are also risks of dealing with underage persons or
people acting under false pretense. Additionally, there may also be
risks dealing with international trade and foreign nationals. By using
this Site, you agree to accept such risks and EZ33 is not responsible
for the acts or omissions of users on the Site. Buying. As a buyer, you
are obligated to complete the transaction with the seller. You agree to
be bound by the conditions of sale included in the item's description
so long as those conditions of sale are not in violation of this
Agreement or unlawful. Unless you and the seller agree otherwise, you
will become the item's lawful owner upon physical receipt of the item
from the seller, in accordance with Ca. Com. Code § 2401(2) and Uniform
Com. Code § 2-401(2). Offers are not retractable except in exceptional
circumstances, such as: when the seller materially changes the item's
description after you offer to buy it; a clear typographical error is
made or you cannot authenticate the seller's identity. Listing and
Selling. Listing Description. You must be legally able to sell the
item(s) you list for sale on the Site. You must describe your item and
all terms of sale on the listing page of the Site. Your listings may
only include text descriptions, graphics, pictures and other content
relevant to the sale of that item. All listed items must be listed in
an appropriate category. All items in multiple item listings must be
identical. Binding Offers. If you receive at least one offer at or
above your stated minimum price, you are obligated as the seller to
complete the transaction with the buyer, unless there is an exceptional
circumstance, such as: (a) the buyer fails to meet the terms of your
listing (such as payment method), or (b) you cannot authenticate the
buyer's identity. Fraud. Without limiting any other remedies, EZ33 may
suspend or terminate your account if we suspect that you (by
conviction, settlement, insurance or escrow investigation, or
otherwise) have engaged in fraudulent activity in connection with the
Site. Manipulation. Neither you, buyers nor sellers may manipulate the
price of any item nor may you interfere with other user's listings or
transactions. Your Information. Definition. "Your Information" is
defined as any information you provide to us or other users in the
registration, buying or listing process, in any public message area
(including any area of our site) or through any email feature. You are
solely responsible for Your Information, and we act as a passive
conduit for your online distribution and publication of Your
Information. Restricted Activities. Your Information (or any items
listed) and your activities on the Site shall not: (a) be false,
inaccurate or misleading; (b) be fraudulent or involve the sale of
counterfeit or stolen items; (c) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (d) violate any law, statute, ordinance or
regulation (including, but not limited to, those governing export
control, consumer protection, unfair competition, antidiscrimination or
false advertising); (e) be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (f) be obscene or contain child
pornography or, any other adult or pornographic nature; (g) contain any
viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or
other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (h) create liability for us or cause us
to lose (in whole or in part) the services of our ISPs or other
suppliers; and (i) link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited under this
Agreement; (bb) are identical to other items you have up for sale but
are priced lower than your item's reserve or minimum bid amount; (cc)
are concurrently listed for sale on a web site other than EZ33's (this
does not prevent linking to or advertising an EZ33 item from another
web site); or (dd) you do not have a right to link to or include.
Furthermore, you may not list any item on the Site (or consummate any
transaction that was initiated using our service) that, by paying to us
the listing fee or the final value fee, could cause us to violate any
applicable law, statute, ordinance or regulation, or that violates our
current Prohibited, Questionable and Infringing Items. License. Solely
to enable EZ33 to use the information you supply us with, so that we
are not violating any rights you might have in that information, you
agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise
the copyright, publicity, and database rights (but no other rights) you
have in Your Information, in any media now known or not currently
known, with respect to Your Information. EZ33 will only use Your
Information in accordance with our Privacy Policy. Access and
Interference. The Site contains robot exclusion headers. Much of the
information on the Site is updated on a real time basis and is
proprietary or is licensed to EZ33 by our users or third parties. You
agree that you will not use any robot, spider, scraper or other
automated means to access the Site for any purpose without our express
written permission. Additionally, you agree that you will not: (i) take
any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute
or publicly display any content (except for Your Information) from the
Site without the prior expressed written permission of EZ33 and the
appropriate third party, as applicable; (iii) interfere or attempt to
interfere with the proper working of the Site or any activities
conducted on the Site; or (iv) bypass our robot exclusion headers or
other measures we may use to prevent or restrict access to the Site.
Breach. Without limiting other remedies, we may limit your activity,
immediately remove your item listings, warn our community of your
actions, issue a warning, temporarily suspend, indefinitely suspend or
terminate your membership and refuse to provide our services to you if:
(a) you breach this Agreement or the documents it incorporates by
reference; (b) we are unable to verify or authenticate any information
you provide to us; or (c) we believe that your actions may cause
financial loss or legal liability for you, our users or us. Privacy. We
do not sell or rent your personal information to third parties for
their marketing purposes without your explicit consent and we only use
your information as described in the Privacy Policy. We view protection
of users' privacy as a very important community principle. We
understand clearly that you and your information is one of our most
important assets. We store and process your information on computers
located in the United States that are protected by physical as well as
technological security devices. If you object to your Information being
transferred or used in this way please do not use our services. No
Warranty. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR
SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
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. Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST
PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT
(HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE
LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to indemnify and hold us and (as applicable) our
parent, subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
breach of this Agreement or the documents it incorporates by reference,
or your violation of any law or the rights of a third party. Legal
Compliance. You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your
use of our service and your bidding on, listing, purchase, solicitation
of offers to purchase, and sale of items. No Agency. You and EZ33 are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement. Notices. Except as explicitly stated
otherwise, any notices shall be given via the email address you provide to EZ33 during the registration
process (in your case). Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified
mail, postage prepaid and return receipt requested, to the address
provided to EZ33 during the registration process. In such case, notice
shall be deemed given 3 days after the date of mailing. Resolution of
Disputes. In the event a dispute arises between you and EZ33, our goal
is to provide you with a neutral and cost effective means of resolving
the dispute quickly. Accordingly, you and EZ33 agree that any claim or
controversy at law or equity that arises out of this Agreement or our
services ("Claims") shall be resolved in accordance with one of the
subsections below or as otherwise mutually agreed upon in writing by
the parties. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution and we
will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation, as an
alternative to litigation. A.1 Binding Arbitration. For any Claim
(excluding Claims for injunctive or other equitable relief) where the
total amount of the award sought is less than $10,000, you or EZ33 may
elect to resolve the dispute through binding arbitration conducted by
telephone, on-line and/or based solely upon written submissions where
no in-person appearance is required. In such cases, the arbitration
shall be administered by the Canadian Arbitration Association in
accordance with their applicable rules, or any other established ADR
provider mutually agreed upon by the parties. Any judgment on the award
rendered by the arbitrator may be entered in any court having
jurisdiction thereof. A.2 Court. Alternatively, any Claim may be
adjudicated by a court of competent jurisdiction located in North Bay,
Ontario or where the defendant is located (in our case North Bay,
Ontario, and in your case your home address or principal place of
business). You and EZ33 agree to submit to the personal jurisdiction of
the courts located within the county of North Bay, Ontario. A.3
Alternative Dispute Resolution. Alternatively, EZ33 will consider use
of other alternative forms of dispute resolution, such as binding
arbitration to be held in North Bay, Ontario or another location
mutually agreed upon by the parties. All Claims (excluding requests for
injunctive or equitable relief) between the parties must be resolved
using the dispute resolution mechanism that is selected in accordance
with this Section by the first party to file a Claim. Should either
party file an action contrary to this Section A, the other party may
recover attorneys' fees and costs up to $1000, provided that the party
seeking the award has notified the other party in writing of the
improperly filed Claim, and the other party has failed to withdraw the
Claim. Each of these policies may be changed from time to time and are
effective immediately after we post the changes on the Site, except for
the Privacy Policy for which we will provide you with thirty days prior
notice. In addition, when using particular services on the Site, you
agree that you are subject to any posted policies or rules applicable
to services you use through the Site, which may be posted from time to
time. All such posted policies or rules are hereby incorporated by
reference into this Agreement. General. This Agreement shall be
governed in all respects by the laws of Ontario, Canada as such laws
are applied to agreements entered into and to be performed entirely
within Canada between Canadian residents. We do not guarantee
continuous, uninterrupted or secure access to our services, and
operation of the Site may be interfered with by numerous factors
outside of our control. 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. You agree that this Agreement
and all incorporated agreements may be automatically assigned by EZ33
in accordance with the "Notices" Section, in our sole discretion,
Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof. Sections (Fees and Services)
with respect to fees owed for our services, (Release), (License),
(Access and Interference), (Liability Limit), (Indemnity) and
(Resolution of Disputes) shall survive any termination or expiration of
this Agreement. Disclosures. The services hereunder are offered by
EZ33., Fees for our services are described at http://ez33.com/us/sitefees.phpCommercially
available parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors. If
you are interested in learning more about these protections,
information is available at http://www.safetysurf.com/or
other analogous sites providing information on such protections. The
preceding link is provided for information purposes only, and is not
intended as an endorsement of SafetySurf.com's Internet site, services,
or policies. EZ33 is not affiliated with SafetySurf.com. Disputes
between you and EZ33 regarding our services may be reported to Customer
Support by going to http://ez33.com/supportWe
encourage you to report all user-to-user disputes to your local law
enforcement, postmaster general, or a certified mediation or
arbitration entity. EZ33 Privacy Policy Your privacy is very important
to us. We do not sell or rent your personal information to third
parties for their marketing purposes without your explicit consent.
Please read this privacy policy to learn more about the ways in which
we use and protect your personal information. Overview The privacy
practices of this statement apply to our services available under the
domain and subdomains of ez33.com (the "Site") and apply generally to
our subsidiaries or joint venture websites whose specific privacy
policies are available from our Privacy Central pages. By visiting this
website you agree to be bound by the terms and conditions of this
Privacy Policy. If you do not agree please do not use or access our
Site. This Privacy Policy describes the information, as part of the
normal operation of our services, we collect from you and what may
happen to that information. Although this policy may seem long, we have
prepared a detailed policy because we believe you should know as much
as possible about EZ33's practices so that you can make informed
decisions. All of our subsidiaries and joint ventures operate under
similar privacy practices as described in this Privacy Policy and,
subject to the requirements of applicable law, we strive to provide a
consistent set of privacy practices throughout the global EZ33 trading
community. By accepting the Privacy Policy and the User Agreement in
registration, you expressly consent to our use and disclosure of your
personal information in accordance with this Privacy Policy. This
Privacy Policy is incorporated into and subject to the terms of the
EZ33 User Agreement. This Privacy Policy is effective upon acceptance
in registration for new registering users, and is otherwise effective
on October 2nd, 2005 for all users. 1. A Special Note About Children.
Children (persons under the age of 18) are not eligible to use the Site
unsupervised and we ask that children do not submit any personal
information to us. If you are under the age of 18, you may only use
this Site in conjunction with and under the supervision of your parents
or guardians. 2. Information We Collect. Our primary purpose in
collecting personal information is to provide you with a safe, smooth,
efficient, and customized experience. This allows us to provide
services and features that most likely meet your needs, and to
customize our service to make your experience safer and easier. We only
collect personal information about you that we consider necessary for
achieving this purpose. In general, you can browse the Site 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 use our services, we may require you
to provide contact and identity information, billing information,
shipping information and other personal information as indicated on the
forms throughout the Site. Where possible, we indicate which fields are
required and which fields are optional. You always have the option to
not provide information by choosing not to use a particular service or
feature. Under some circumstances we may require some additional
financial information, such as, but not limited to: if you are
registering using an email account at a free email service, or
registering to sell on the Site. We automatically track certain
information based upon your behavior on the Site. We use this
information to do internal research on our users' demographics,
interests, and behavior to better understand, protect and serve you and
our community. This information may include the URL that you just came
from (whether this URL is on the Site or not), which URL you next go to
(whether this URL is on the Site or not), your computer browser
information, and your IP address. We use data collection devices such
as "cookies" on certain pages of the Site to help analyze our web page
flow, measure promotional effectiveness, and promote trust and safety.
"Cookies" are small files placed on your hard drive that assist us in
providing our services. We offer certain features that are only
available through the use of a "cookie". We also use cookies to allow
you to enter your password less frequently during a session. Cookies
can also help us provide information that is targeted to your
interests. (Learn more about why we use cookies). 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 in that case you may not
be able to use certain features on the Site and you may be required to
reenter your password more frequently during a session. Additionally,
you may encounter "cookies" or other similar devices on certain pages
of the Site that are placed by third parties. For example, if you view
a web page created by a user, there may be a "cookie" placed within
that web page. We do not control the use of cookies by third parties.
If you send us personal correspondence, such as emails or letters, or
if other users or third parties send us correspondence about your
activities or postings on the Site, we may collect such information
into a file specific to you. If you register for EZ33 on another web
site or use a web site providing a service for EZ33 or a web site that
helps facilitate your activity on EZ33, that web site may provide
personal information about you and your transactions back to EZ33. 3.
Our Use of Your Information. We use your personal information to
facilitate the services you request. We use your personal information
in the file we maintain about you, and other information we obtain from
your current and past activities on the Site to: resolve disputes;
troubleshoot problems; help promote safe trading; collect fees owed;
measure consumer interest in our products and services, inform you
about online and offline offers, products, services, and updates;
customize your experience; detect and protect us against error, fraud
and other criminal activity; enforce our User Agreement; and as
otherwise described to you at the time of collection. At times, we may
look across multiple users to identify problems or resolve disputes,
and in particular we may examine your personal information to identify
users using multiple User IDs or aliases. We may compare and review
your personal information for errors, omissions and for accuracy. If
you choose to list an item for sale on the Site or open a credit
account, or otherwise provide us with your financial information, we
use your address and billing information to bill you and provide
associated support. You agree that we may use personal information
about you to improve our marketing and promotional efforts, to analyze
site usage, improve our content and product offerings, and customize
the Site's content, layout, and services. These uses improve the Site
and better tailor it to meet your needs, so as to provide you with a
smooth, efficient, safe and customized experience while using the Site.
You agree that we may use your personal information to contact you and
deliver information to you that, in some cases, are targeted to your
interests, such as targeted banner advertisements, administrative
notices, product offerings, and communications relevant to your use of
the Site. By accepting the User Agreement and Privacy Policy, you
expressly agree to receive this information. If you do not wish to
receive these communications, we encourage you to opt out of the
receipt of certain communications on the notification preferences page.
You may make changes to your notification preferences at any time. 4.
Our Disclosure of Your Information. As a matter of policy, we do not
sell or rent any of your personal information to third parties for
their marketing purposes without your explicit consent. However, the
following describes some of the ways that your personal information may
be disclosed in the normal scope of business to provide our services.
Advertisers. We aggregate (gather up data across all user accounts)
personal information and disclose such information in a non-personally
identifiable manner to advertisers and other third parties for their
marketing and promotional purposes. However, in these situations, we do
not disclose to these entities any information that could be used to
identify you personally. Certain information, such as your name, email
address, password, credit card number, and bank account number, are not
disclosed to these third parties in a personally identifiable manner
without your explicit consent. EZ33 Community. Your User ID is
displayed throughout the Site and is therefore available to the public.
All of your activities on the Site will be identifiable to your User
ID. Other people can see your postings on the Site, and so on.
Therefore, if you associate your name with your User ID, the people you
have revealed your name to will be able to personally identify your
EZ33 activities. Although our pages are coded with robot exclusion
headers, others may illegally attempt to automatically collect your
email address from the Site. We describe how to change your email and
User ID below in Section 8. We also provide a number of ways to allow
other users to find out more about you and your site activities, such
as our feature that allows users to quickly see all of the items you
are offering at the time. If you are involved in a transaction, we have
features that allow other users to view your email address and obtain
your contact and shipping information to help complete the transaction.
Further, we may send out notices to you or other community members
regarding suspicious activity or policy violations on the Site.
External Service Providers. There are a number of separate services
offered by third parties that we refer to as external service providers
that may be complimentary to your use of the Site (e.g. listing agents,
escrow, authentication, mediation, shipping, packaging). If you choose
to use these separate services, disclose information to the external
service providers, and/or grant them permission to collect information
about you, then their use of your information is governed by their
privacy policy. We do not disclose your personal information to
external service providers unless you provide your explicit consent.
With your consent we may provide some of your personal information to
the external service provider offering such services, for your
convenience. To prevent our disclosure of your personal information to
an external service provider, you can decline such consent or simply
not use their services. Because we do not control the privacy practices
of these third parties, you should evaluate their practices before
deciding to use their services. Internal Service Providers for Our
Operations. We may use third parties that we refer to as internal
service providers to facilitate or outsource one or more aspects of the
business, product and service operations that we provide to you (e.g.,
search technology, discussion boards, bill collection, affiliate and
rewards programs) and therefore we may provide some of your personal
information directly to these internal service providers. These
internal service providers' are subject to confidentiality agreements
with us and other legal restrictions that prohibit their use of the
information we provide them for any other purpose except to facilitate
the specific outsourced EZ33 related operation, unless you have
explicitly agreed or given your prior permission to them for additional
uses. In some instances, the internal service provider may collect
information directly from you (such as for EZ33 surveys). In these
cases, you will be notified of the involvement of the internal service
provider, and all additional information you provide them and their
additional uses will be strictly up to you. If you provide additional
information to an internal service provider directly, then their use of
your personal information is governed by their applicable privacy
policy. Other Corporate Entities. We share much of our data, including
personal information about you, with our subsidiaries and joint
ventures that are committed to serving your online trading needs and
related services, throughout the world. To the extent that these
entities have access to your information, they will treat it at least
as protectively as they treat information they obtain from their other
users. Our subsidiaries and joint ventures follow privacy practices no
less protective of all users than our practices described in this
document, to the extent allowed by applicable law. EZ33, its
subsidiaries, its joint ventures, or any combination of such, will
share some or all of your personal information with another business
entity 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 in as provided
in Section ("Notice"). Legal Requests. EZ33 cooperates with law
enforcement inquiries, as well as other third parties to enforce laws,
such as: intellectual property rights, fraud and other rights, to help
protect you and the EZ33 community from bad actors. Therefore, in
response to a verified request by law enforcement or other government
officials relating to a criminal investigation or alleged illegal
activity, we can (and you authorize us to) disclose your name, city,
state, telephone number, email address, UserID history, fraud
complaints, buying and listing history without a subpoena. 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 or
other government officials 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 report suspected illegal
activity. Further, we can (and you authorize us to) disclose your name,
street address, city, state, zip code, country, phone number, email,
and company name to EZ33.com, as we in our sole discretion believe
necessary or appropriate in connection with an investigation of fraud,
intellectual property infringement, piracy, or other unlawful activity.
Due to the existing regulatory environment, we cannot ensure that all
of your private communications and other personal information will
never be disclosed in ways not otherwise described in this Privacy
Policy. By way of example (without limiting the foregoing), we may be
forced to disclose personal information to the government or third
parties under certain circumstances, third parties may unlawfully
intercept or access transmissions or private communications, or users
may abuse or misuse your personal information that they collect from
the Site. Therefore, although we use industry standard practices to
protect your privacy, we do not promise, and you should not expect,
that your personal information or private communications will always
remain private. 5. Your Use of Other Users' Information. In order to
facilitate interaction among all EZ33 community members, our Site
allows you limited access other users' contact and shipping
information. As a seller you have access to the User ID, email address
and other contact and shipping information of the buyer or winning
bidder(s), and as a buyer or winning bidder you have access to the User
ID, email address and other contact information of the seller. By
entering into our User Agreement, you agree that, with respect to other
users' personal information that you obtain through the Site or through
an EZ33-related communication or EZ33-facilitated transaction, EZ33
hereby grants to you a license to use such information only for: (a)
EZ33-related communications that are not unsolicited commercial
messages, (b) using services offered through EZ33 (e.g. escrow,
insurance, shipping and fraud complaints), and (c) any other purpose
that a user expressly agrees to after you tell them the purpose you
would like to use it for. In all cases, you must give users an
opportunity to remove themselves from your database and a chance to
review what information you have collected about them. In addition,
under no circumstances, except as defined in this Section, can you
disclose personal information about another user to any third party
without our consent and the consent of that user. You agree that other
users may use your personal information to communicate with you in
accordance with this Section. Note that law enforcement personnel, and
other rights holders are given different rights with respect to
information they access. EZ33 and our users do not tolerate spam.
Therefore, without limiting the foregoing, you are not licensed to add
an EZ33 user, even a user who has purchased an item from you, to your
mail list (email or physical mail) without their express consent. To
report EZ33 related spam to EZ33, please contact us using our webform.
6. Use of Email Tools. You may not use the Email This Item to a Friend
service or other email services that we offer to send spam or otherwise
send content that would violate our User Agreement. We do not
permanently store email messages or the email addresses sent from these
tools. If you send and email using the Email This Item to a Friend
service to an email address that is not registered in our community, we
do not use that email address for any purpose other than to send your
email. We do not rent or sell these email addresses. 7. Control of Your
Password. You are responsible for all actions taken with your User ID
and password, including fees charged to your account. Therefore we do
not recommend that you disclose your EZ33 password to any third
parties. If you choose to share your User ID and password or your
personal information with third parties, you are responsible for all
actions taken with your account and therefore you should review that
third party's privacy policy. If you lose control of your password, you
may lose substantial control over your personal information and may be
subject to legally binding actions taken on your behalf. Therefore, if
your password has been compromised for any reason, you should
immediately change your password as detailed in Section 8. 8.
Accessing, Reviewing and Changing Your Personal Information. We offer
you the ability to automatically review and change the information you
submit to us by logging into the Site and entering in the new
information yourself. Generally, we will not modify your personal
information based on your request because it is very difficult to
authenticate your account manually. You can change your user Id, email
address, contact information, financial information, shipping
information and user preferences by logging in and going to the "my
info" section in on the Site. You must promptly update your personal
information if it changes or is inaccurate. Once posted, you may not be
able to change or remove any public postings made on the Site including
our chat rooms or other message areas. Upon your request, we will
deactivate your account, contact information, billing information,
shipping information, and financial information from our active
databases. To make this request, email at http://ez33.com/support.
Such information will be deactivated as soon as reasonably possible
based on your account activity and in accordance with our deactivation
policy and applicable law. We will retain in our files some personal
information you have requested to remove to prevent fraud, collect any
fees owed, resolve disputes, troubleshoot problems, assist with any
investigations, enforce our User Agreement and comply with legal
requirements as is permitted by law. Therefore, you should not expect
that all of your personal information will be completely removed from
our databases in response to your requests. However, such personal
information will be deactivated from public and member viewing and will
only be available to select EZ33 personal. 9. Other Information
Collectors. Except as otherwise expressly included in this Privacy
Policy, this document only addresses the use and disclosure of
information we collect from you. To the extent that you disclose your
information to other parties, whether they are bidders, buyers or
sellers on our site or other sites throughout the Internet, different
rules may apply to their use or disclosure of the information you
disclose to them. Since EZ33 does not control the privacy policies of
third parties, you are subject to the privacy policies of that third
party. We encourage you to ask questions before you disclose your
personal information to others. 10. Security. Your information is
stored on EZ33 servers located in the United States. We use procedural
and technical safeguards to protect your personal information against
loss or theft as well as unauthorized access and disclosure to protect
your privacy, including encryption, "firewalls" and Secure Socket
Layers. We treat data as an asset that must be protected against loss
and unauthorized access. We employ many different security techniques
to protect such data from unauthorized access by users inside and
outside the company. However, "perfect security" does not exist on the
Internet. 11. Notice. We may amend this Privacy Policy at any time by
posting the amend terms on the Site. All amended terms shall
automatically be effective 30 days after they are initially posted on
the Site. In addition, we will notify you in accordance with your
Notification Preferences. |
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