This User Agreement is effective upon acceptance for all users from November 1, 2019.
1. Account Introduction
This User Agreement, all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which MMOGA POWER offers you access to and use of our Services. All policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.
The entity you are contracting with is: MMOGA Internet Entertainment Limited. In this User Agreement, the entity is individually and collectively referred to as "MMOGA POWER," "we," or "us."
The MMOGA POWER services are not provided to users under the age of 18 or temporarily or indefinitely terminated by the company. If you do not meet the above requirements, please do not use our services. In addition, we reserve the right to terminate your account unilaterally. Please read this User Agreement carefully and accept it before you use the MMOGA POWER services.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
2. About MMOGA POWER
MMOGA POWER is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. MMOGA POWER is not a traditional auctioneer.
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, MMOGA POWER has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Service Fees
The fees we charge for using our Services are listed on our Standard selling fees page. We may change our seller fees from time to time by posting the changes on the MMOGA POWER site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you must have a payment method on file when selling through MMOGA POWER Services. And you are liable for transaction fees arising out of all sales made using some or all MMOGA POWER Services, even if sales terms are finalized or payment is made outside of MMOGA POWER. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of MMOGA POWER, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of MMOGA POWER Services for the introduction to a buyer.
Seller fees don't purchase exclusive rights to item exposure on MMOGA POWER, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
You represent and warrant that, for all content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. MMOGA POWER takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including MMOGA POWER users). You may use that content solely in your MMOGA POWER listings. MMOGA POWER may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that MMOGA POWER is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
5. Using MMOGA POWER
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to deliver items sold by you, unless you have a valid reason as set out in a MMOGA POWER policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- transfer your MMOGA POWER account and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm MMOGA POWER or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of MMOGA POWER;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any MMOGA POWER application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to MMOGA POWER. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to MMOGA POWER or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any MMOGA POWER application or any information or software associated with such application, except with the prior express permission of MMOGA POWER;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures used to provide the Services.
Sellers must meet MMOGA POWER's minimum performance standards. Failure to meet these standards may result in MMOGA POWER charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing MMOGA POWER and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating the policy on Offers to buy or sell outside of MMOGA POWER, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of MMOGA POWER, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
6. Listing Conditions
When listing an item for sale on MMOGA POWER Services, you agree to comply with MMOGA POWER's Listing policies and Selling practices policy and that:
- You are responsible for the accuracy and content of the listing and item offered,
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). MMOGA POWER can't guarantee exact listing durations,
- Content that violates any of MMOGA POWER's policies may be modified, obfuscated or deleted at MMOGA POWER's discretion,
- We may revise product data associated with listings to supplement, remove, or correct information,
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
• buyer's location, search query, browsing site, and history;
• item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
• seller's history, including listing practices, Detailed Seller Ratings, MMOGA POWER policy compliance, Feedback, and defect rate; and
• number of listings matching the buyer's query,
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
- Some advanced listing upgrades will only be visible on certain Services,
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.
When buying an item on MMOGA POWER Services, you agree to the Rules and policies for buyers and that:
- You are responsible for reading the full item listing before making commitment to buy,
- You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted,
- We do not transfer legal ownership of items from the seller to the buyer.
All content included in or made available through any MMOGA POWERE Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of MMOGA POWER or its content suppliers and protected by the People's Republic of China and international copyright laws. The compilation of all content included in or made available through any MMOGA POWER Service is the exclusive property of MMOGA POWER and protected by the People's Republic of China and international copyright laws.
9. Privacy Protection
Please review our Privacy Notice, which also governs your use of MMOGA POWER Services, to understand our practices.
If MMOGA POWER provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
10. Limitation of Liability/Disclaimer of Warranties
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in MMOGA POWER's applications may not occur in real time. Such functionality is subject to delays beyond MMOGA POWER's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by MMOGA POWER;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any MMOGA POWER Service;
- the content, actions, or inaction of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing MMOGA POWER Section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of MMOGA POWER's Services or your breach of any law or the rights of a third party.
12. Legal Disputes
The conclusion, execution and interpretation of this agreement and the settlement of disputes arising from the use of this website shall be governed by the laws of the People's Republic of China (except Hong Kong, Macao and Taiwan) and shall not be governed by any conflict of laws rules.
All disputes arising from or in connection with the content of this agreement or the use of this website shall be settled by the parties through friendly negotiation as far as possible. If no agreement can be reached through negotiation, both parties agree that either party shall file a lawsuit with the people's court in the place where the MMOGA POWER is located.
13. Other Terms
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.MMOGAPOWER.com.
Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.MMOGA POWER.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the MMOGA POWER Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an MMOGA POWER representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the MMOGA POWER Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and MMOGA POWER, and supersede all prior understandings and agreements of the parties.