Smashing Darling.com User Agreement

By using the Smashing Darling.com web site, a service of TKTL llc, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

Basic Terms

1. You must be 18 years and older to use this site or have permission from a legal guardian.
2. You are responsible for any activity that occurs under your screen name.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other Smashing Darling users.
5. You may not use the Smashing Darling.com service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Smashing Darling.com service.
7. You must not modify, adapt or hack Smashing Darling.com or modify another website so as to falsely imply that it is associated with Smashing Darling.com .
8. You must not create or submit unwanted email to any Smashing Darling members ("Spam").
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. You must not, in the use of Smashing Darling, violate any laws in your jurisdiction.
11. Your account is intended for personal use, you must not share it with other sellers. (One account per person, please.)
12. You agree to allow Smashing Darling the right to use any and all images you upload to Smashing Darling for the sole purpose of the promotion of the Smashing Darling website and community.

Violation of any of these agreements will result in the termination of your Smashing Darling.com account. While Smashing Darling.com prohibits such conduct and content on its site, you understand and agree that Smashing Darling cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Smashing Darling.com service at your own risk.

General Conditions

• We reserve the right to modify or terminate the Smashing Darling.com service for any reason, without notice at any time.
• We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
• The Smashing Darling service makes it possible to post images hosted on Smashing Darling to outside websites. This use is accepted. However, pages on other websites which display images hosted on Smashing Darling.com must provide a link back to Smashing Darling from each photo to its photo page on Smashing Darling.
• Your account will be terminated if it is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
• We claim no intellectual property rights over the material you provide to the Smashing Darling service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. However, by uploading images and item description content to Smashing Darling.com, you agree to allow other Smashing Darling users to view them and you agree to allow Smashing Darling to display and store them.

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 Smashing Darling.

We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on January 1, 2007 for all users.

Membership Eligibility

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Smashing Darling 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 Smashing Darling 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 setting up a store on Smashing Darling is free. We do not charge fees for listing items for sale through our Site. We do have an 18 percent consignment fee,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 at 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.

Smashing Darling is a Platform

Smashing Darling is not a Retailer. Although we are referred to as an online marketplace, it is important to realize that we are not a traditional "retailer." Instead, the Site acts as a platform to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats, including a fixed price format. 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.

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, Smashing Darling cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because we are a platform, in the event that you have a dispute with one or more users, you release Smashing Darling (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.

Information Control

We do not control the information provided by other users that is made available through our system. You may find other users' 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 Smashing Darling 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 if you purchase an item on Smashing Darling in any store within seven (7) days. As a seller, you are obligated to sell and ship the item as described.

Billing

In order for Smashing Darling to bill you for the services that you have used, Smashing Darling will keep your credit card information on file and automatically charge your credit card for the amount due on the 15th day of each month. To insure that the amount charged is accurate, Smashing Darling will email an invoice to you on the last day of each month listing all of your transactions and the corresponding charges. If there are any items on the invoice which you consider to be inaccurate, please send us an email as soon as possible, so that we can either resolve the issue or eliminate the charge prior to charging your credit card. If you are unable to respond in time to avoid a questionable charge, please do not challenge the amount with the credit card company, but instead notify Smashing Darling and we will make the appropriate adjustment in the next month's invoice.

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 Sale: Except for items listed with a Not For Sale qualifier, if you receive a Buy Now request you are obligated as the seller to complete the transaction with the buyer in a prompt manner, 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, Smashing Darling 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, listing process, in any public message area (including the Forums or the feedback area) 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, anti discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, 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 for sale but are priced lower; (cc) are concurrently listed for sale on a web site other than Smashing Darling's (this does not prevent linking to or advertising an Smashing Darling 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 Smashing Darling 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, sub-license (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. Smashing Darling will only use Your Information in accordance with our Privacy Policy.

Access and Interference

The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Smashing Darling 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 Smashing Darling 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.

Feedback

Integrity: You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of purchases and listings you may place on the Site based upon the level of your feedback. If you earn a net feedback rating of -5 (minus five), your membership may be suspended, and you may be unable to list or buy.

Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Smashing Darling, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between Smashing Darling users, you agree that you shall not market or export your Smashing Darling feedback rating in any venue other than an Smashing Darling operated website.

Import: We do not provide you with the technical ability to import feedback from other (non-Smashing Darling operated) websites to Smashing Darling because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

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 listing, purchase, solicitation of offers to purchase, and sale of items.

No Agency

You and Smashing Darling 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 by postal mail to Smashing Darling Attn: Legal Department PO Box 331, Chester, CT 06412 (in the case of Smashing Darling) or to the email address you provide to Smashing Darling 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 Smashing Darling during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

Our goal is to make you happy. In the event a dispute arises between you and Smashing Darling, please email Smashing Darling at support@smashingdarling.com and we will work quickly towards a solution.

Disclosures

The services hereunder are offered by TKTL llc, located at PO Box 331, Chester, CT 06412.

Fees for our services are described here.

Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available . 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. Smashing Darling is not affiliated with SafetySurf.com.

Disputes between you and Smashing Darling regarding our services may be reported to Customer Support by emailing support@smashingdarling.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.