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Kijiji Terms of Use
Introduction.
Welcome to www.kijiji.com ("Kijiji"). Thanks for stopping by. By accessing Kijiji you are agreeing to the following terms, which are designed to make sure
that Kijiji works for everyone. Kijiji is provided to you by Marktplaats BV, Wibautstraat 224-2, 1097 DN Amsterdam, The Netherlands. This policy is effective January 1, 2009.
Using Kijiji.
You will post in the appropriate category or area and will not do any of the following bad things:
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance). Content. Kijiji contains stuff from us, you, and other users. You agree not to copy, modify, or distribute Kijiji, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify our designated copyright agent at Kijiji Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights. Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO) 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 and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. The following steps are for reporting a listing to Kijiji that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through Kijiji's VeRO Program. If you have a good faith belief that a listing on Kijiji infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Claimed Infringement (NOCI) form, fill it out, and fax it to Kijiji. After we receive your first NOCI, Kijiji will confirm your enrolment in our program and send you the instructions on how to submit future reports electronically. Liability. You agree not to hold us responsible for things other users post or do. As most of the stuff on Kijiji 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. We also cannot guarantee continuous or secure access to our services. 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 Kijiji, 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 pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 US Dollars. Personal Information. By using Kijiji, you agree to the collection, transfer, storage and use of your personal information by Marktplaats BV (the "data controller") on servers located in the United States, and in the European Union as further described in our privacy policy. General. These terms and the other policies posted on Kijiji constitute the entire agreement between Marktplaats BV and you, superseding any prior agreements. This agreement is governed by the laws of the Netherlands. We both submit to the non-exclusive jurisdiction of the courts of Amsterdam, The Netherlands. This won't affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
Wibautstraat 224-2 1097 DN Amsterdam The Netherlands Re: Kijiji US - User Inquiries |