The following user agreement (referred hereafter as “Agreement”) pertains to the online resources provided by eBluejay including items for sale, message boards, & 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.
eBluejay is a venue that allows users to sell their items. Because we are a venue, you agree that you are soley 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 eBluejay is not obligated in any way to become involved. You also agree that eBluejay 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 eBluejay, 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. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extent 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.”
Because eBluejay 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:
Any violation of the above guidelines may lead to item removal and/or account suspension.
eBluejay also reserves the right to disallow, remove or move Content for any infraction of the above conditions.
eBluejay expressly prohibits the sending of unsolicted emails to eBluejay users through the Service which will use or cause to be used servers located in California. Any unauthorized use of the eBluejay computer system is a violation of the Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Violations of said laws may subject the sender and his or her agents to civil and criminal penalties.
eBluejay 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. eBluejay 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.
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.
THE eBluejay 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.
IN NO EVENT SHALL eBluejay, 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 eBluejay SITE. Some states do not allow the disclaimer of limitation of liability, so the foregoing disclaimer may not apply to you.
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 eBluejay 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 eBluejay, 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.
This Agreement shall be interpreted and construed according to, and governed by, the laws of California, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal or state courts located in Los Angeles shall have jurisdiction to hear any dispute under this Agreement.