1.1. This document is intended to inform you about the Terms and Conditions that regulate the use of the website www.UTradeIt.com (hereinafter, the "Website") and the incoming Application UTradeIt (hereinafter, the "Application”), both referred to as the “Services."
1.2. The owner of both the Website and the Application is DNH LLC (hereinafter “UTradeIt", "us" or "we"), with registered address at 3630 E. Rockwood Dr., Phoenix, AZ, 85050, USA. The Services are provided by DNH LLC.
1.3. UTradeIt is a company incorporated and registered under the laws of Arizona, USA.
1.4. You can contact us at Support@UTradeIt.com whenever you want.
3.1. By entering, executing using, downloading, accessing or using the Application or the Website you will automatically be considered a User (hereinafter the "User" or "you") which requires the full acceptance of each and every provision included in this Terms and Conditions, in the version published by UTradeIt at the time you access or use the Website or the Application.
Consequently, please, read carefully all legal texts applicable to the use of the Website and the Application each and every time you intend to use them.
3.2. If you do not wish to accept the present Terms and Conditions, please, do not use the Services and uninstall the Application from your device.
3.3. UTradeIt reserves the right to modify, at any time and without providing notice, the Terms and Conditions, so you are obliged to periodically review the Terms and Conditions and to comply with the obligations set out in the current version.
4.1. Both the Website and the Application are intended to be used by adults, as defined under any applicable law in each specific case. If you are not an adult, you are not authorized to download the Application, register and create an account with us. If you are a minor, you need the permission of your legal representatives in order to use the Services, in which case the legal representative is liable for any acts committed by the minor.
4.2. You further warrant that you are an adult under the applicable law. In the event that the information you provide in this regard is not truthful, YouTradeIt shall not be liable as it cannot verify with certainty the age of the Users.
4.3. UTradeIt may contact you at any time requiring you to prove your age using a photocopy of an identity card or equivalent. If you deny providing identification, UTradeIt reserves the right to close your user profile and you will not be able to continue using the services.
4.4. To sell, trade or purchase via the services any type of product, minors under applicable law will need the specific permission of their legal representatives.
5.1. To use or access certain functionalities of the services you need to register using your e-mail address.
5.2. You agree to provide accurate, current, and complete Member account information about you as may be prompted by the registration and/or login form on the Website or Application.
By opening an account you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the password you designate during the registration process. You cannot share it with other people or perform acts that may diminish or undermine the security of your account. If you have knowledge that your password was compromised, you should inform us immediately in order to recover your account.
The service will allow different actions, including:
7.2. Putting products for sale or trade as a seller, and making offers as a buyer in order to buy or negotiate product price or trade.
7.3. Interacting with other users of UTradeIt though the Messaging Center and other ways to be implemented in the future.
7.4. Rating users to assist other users in the future interactions with them.
7.5. Warning other users by flagging malicious users.
8.1. DNH LLC (USA) is the holder of the rights of intellectual and industrial property, or has obtained the necessary authorizations or licenses for its exploitation, associated with the application, the software, its database, the trademarks and any other distinctive signs, the content posted and the rest of works and inventions or content related to the Application and the technology associated with it.
8.2. The contents of the Application, including the design, applications, text, images and source code, are protected by intellectual and industrial property rights.
8.3. The contents of this Application, the database of users, the screenshots or the Website may not be used, reproduced, broadcasted, copied, processed or transmitted in any form without the prior permission in writing of UTradeIt.
8.4. UTradeIt assumes no responsibility for the intellectual or industrial property rights of the content that seller Users include in the offerings of its products.
9.1. UTradeIt is a platform that brings together buyers and sellers of second-hand products. UTradeIt is not the owner and has no control of the items for sale or sold through its platform, unless otherwise stated, and is not a party to the transaction of the sale carried out exclusively between buyers and sellers and does not review the products that Users provide though the Application. As a consequence, UTradeIt shall not be responsible, either directly or indirectly, for any disagreement between the parties.
9.2. All information of the products published on the Application or the Website has been built and published by the User, which is selling the product. Consequently, UTradeIt cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller Users.
9.3. Any claim or dispute that may arise between Users of the Service shall be settled by them, committing themselves to hold UTradeIt harmless.
9.4. UTradeIt service is limited to employ the utmost diligence to ensure the proper technical functioning of the platform.
9.5. UTradeIt shall in no case be responsible for the content operation and/or data protection or other terms referred to in other web sites or applications that may be accessed by the inclusion of a link on the Service, or the content, services or products offered on the same, unless such sites are owned by UTradeIt.
9.6. UTradeIt develops maximum diligence in the implementation of security measures, however, assumes no responsibility or liability whatsoever with regard to the custody and proper use of the passwords for access to the services, which will be the sole responsibility of the User.
UTradeIt does not assume any responsibility nor warrants the products sold by using the UTradeIt services. The transaction takes places and is decided exclusively between the buyer and seller, and UTradeIt only provides the use of the services.
11.1. User access to the Website or Application does not imply for UTradeIt the obligation to monitor the absence of viruses, worms, or any other harmful technical element. It is the Users responsible for making available the adequate tools for the detection of harmful computer programs.
11.2. UTradeIt is not responsible for any damages incurred in the software and computers of users during the use of the services offered on the Website or the Application.
11.3. UTradeIt shall not be liable for damages of any kind that you suspect to bring cause of faults or disconnections in telecommunication networks that produce the suspension, cancellation or interruption of service of the Website or the Application.
12.1. UTradeIt prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level.
12.2. Some examples of items that are not allowed:
Other items that are specifically prohibited include:
In addition, UTradeIt reserves the right to remove any listings that we consider inappropriate or unfit for posting. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items.
13.1. You agree to use the Website and the Application and its contents and services in accordance with the law, the morality, and the public order and in accordance with these Terms and Conditions. You are also obliged to make a proper use of the services and/or contents and to not use them to conduct illegal activities or constitute criminal offenses that violate the rights of third parties and/or violate the regulation on intellectual and industrial property, and any other rules of the applicable legal provisions.
13.2. You are solely responsible for the interaction you establish with other Users of the Service and for all Content that you upload, post or transmit through the Website or Application. You also guarantee that you are not infringing any third party right by the content uploaded.
13.3. In addition, you agree and acknowledge that UTradeIt in no case will be held liable for the conduct of other Users.
13.4. UTradeIt prohibits the use of automated software and Posting Agents, directly or indirectly, without the express written permission of UTradeIt. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post content on behalf of others, except with express written permission or license from UTradeIt. As used herein, the term "Posting Agent" refers to a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others.
13.5. You agree not to transmit, enter, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound files and image, software, etc.) that are contrary to the law, morality, public order and these Terms and Conditions.
You agree NOT to:
13.6. You agree to hold UTradeIt harmless of any possible claim, fine, penalty or punishment that can come to bear as a result from your breach of any of the rules stated in this document, reserving UTradeIt the right to request compensation for damages.
13.7. UTradeIt develops maximum diligence in the control of the data and other content to be displayed in the Website and in the Application. If in spite of this you identify an error or incompleteness, we kindly ask you to notify us via Support@UTradeIt.com. UTradeIt will reply as soon as possible.
If you believe your copyright-protected work was posted on UTradeIt without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify UTradeIt of alleged copyright infringement is via our email address: Support@UTradeIt.com
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information via email at Support@UTradeIt.com (see 17 U.S.C 512(c)(3) for further details):
If any clause included in the present Terms is declared total or partially void or inefficient, it will only affect that provision or the part of the same which is considered to be void or ineffective, surviving the present Terms and Conditions in everything else, considering such a provision wholly or partly not included.
These Terms and Conditions shall be governed by and construed in accordance with the legislation of the United States of America. You and UTradeIt agree to submit any dispute that might arise in the delivery of the products or services subject to these Terms and Conditions, to the Courts of Arizona, United States of America or to the applicable jurisdiction in case of contracting with consumers.