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T:Market grants you a non-exclusive, non-transferable, revocable license to access and use the T:Market platform (“Platform”) for the purpose of buying and selling second-hand goods, subject to the terms and conditions of this Agreement. This license does not grant you any ownership rights in the Platform.
- Permitted Uses: You may use the Platform to:
- Browse and search for second-hand goods.
- Create and manage a user account.
- List and sell second-hand goods as an individual seller or a Shop.
- Purchase second-hand goods from other users.
- Communicate with other users through the Platform’s messaging system.
- Utilize any features and functionalities provided by T:Market on the Platform.
- Prohibited Uses: You may not use the Platform to:
- Engage in any illegal or unauthorized activities.
- Violate any applicable laws or regulations.
- Infringe upon the intellectual property rights of T:Market or any third party.
- Interfere with or disrupt the operation of the Platform or the servers and networks connected to the Platform.
- Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform.
- Use any automated means, including robots, spiders, or scrapers, to access or collect data from the Platform.
- Use the Platform for any commercial purposes other than buying and selling second-hand goods as expressly permitted by T:Market.
- License Scope: This license is limited to your personal use of the Platform. You may not sublicense, assign, or transfer this license to any other party.
- Reservation of Rights: T:Market reserves all rights not expressly granted in this Agreement.
- Updates and Modifications: T:Market may update, modify, or discontinue any aspect of the Platform at any time without prior notice.
- Suspension and Termination: T:Market may suspend or terminate your license to use the Platform at any time for any reason, including but not limited to your violation of this Agreement or misuse of the Platform.
- Individual: For individual users buying and selling in a non-commercial capacity. This may be subject to usage limits or fees in the future.
- Shop: For businesses operating a shop on the T:Market platform. This license may be subject to subscription fees, transaction fees, or other charges.
- API Access: For developers or businesses seeking to integrate with the T:Market platform. This license will be subject to specific terms and conditions, including usage limits, API call restrictions, and potentially fees.
- Data Analytics: For researchers or businesses seeking access to aggregated and anonymized data from the T:Market platform. This license will be subject to specific terms and conditions, including data usage restrictions, privacy safeguards, and potentially fees.
- Other License Types: T:Market may introduce additional license types in the future, such as enterprise licenses, educational licenses, or affiliate licenses, each with its own specific terms and conditions.
- Individual License
- Purpose: This license is designed for individual users who wish to buy and sell second-hand goods on the Platform for non-commercial purposes. [cite: 999, 1000]
- Permitted Activities:
- Create and manage a personal account.
- Browse and search for items.
- List and sell personal second-hand goods.
- Purchase items from other users.
- Communicate with other users through the Platform’s messaging system.
- Utilize the Platform’s features and functionalities for personal use.
- Restrictions:
- No commercial use: Individual licenses may not be used for any commercial purposes, such as reselling items for profit or operating a business on the Platform.
- Limited listing capacity: Individual licenses may have limitations on the number of items that can be listed or sold within a given period.
- Shop License
- Purpose: This license is designed for businesses and commercial entities that wish to operate a shop on the T:Market platform. [cite: 958, 959]
- Permitted Activities:
- All activities permitted under the Individual license.
- Create and manage a shop profile.
- List and sell second-hand goods for commercial purposes.
- Access additional features and tools designed for businesses, such as analytics and marketing tools.
- Restrictions:
- Compliance with Shop Policies: Shops must comply with T:Market’s Shop Policies, which may include requirements for product quality, customer service, and return policies.
- Fees: Shop licenses may be subject to monthly subscription fees and/or transaction fees, as determined by T:Market.
- Future License Types
T:Market reserves the right to introduce additional license types in the future to accommodate evolving user needs and business models.
- Evolving with the Needs of Our Users: T:Market recognizes that the digital landscape is constantly evolving, and we are committed to adapting our platform to meet the emerging needs of our users and the broader market. As part of this commitment, we may introduce new license types in the future to address specific use cases, business models, or technological advancements. [cite: 958, 959]
- Potential Future Licenses: While the specific features and terms of future licenses will be determined at the time of their introduction, here are some potential examples of license types that T:Market may offer:
- API Access License: This license could provide developers with access to T:Market’s application programming interface (API), allowing them to integrate T:Market’s functionalities into their own applications or services.
- Data Analytics License: This license could provide access to aggregated and anonymized data from the T:Market platform for research, market analysis, or other data-driven purposes.
- Enterprise License: This license could cater to large businesses with specific needs, offering customized features, dedicated support, and potentially higher usage limits.
- Educational License: This license could provide discounted access to T:Market for educational institutions or non-profit organizations.
- Affiliate License: This license could enable partners to promote T:Market and earn commissions on referrals.
- Flexibility and Innovation: By introducing new license types, T:Market aims to foster innovation, expand its user base, and explore new opportunities within the secondhand goods market.
- Transparency and Communication: T:Market will provide clear and detailed information about any new license types, including their features, terms, and any associated fees, before they are made available to users.
- User Choice: Users will have the option to choose the license type that best suits their needs and preferences.
- License Evolution: T:Market may modify or update the terms of existing or future license types at any time, subject to reasonable notice to users.
- License Grant and Restrictions
- Non-Exclusive, Non-Transferable: All licenses granted by T:Market are non-exclusive and non-transferable. Users may not sublicense, assign, or transfer their license to any other party.
- Revocable: T:Market may revoke any license at any time for any reason, including but not limited to a user’s breach of this Agreement or misuse of the Platform.
- Updates and Modifications: T:Market may update or modify the terms of any license type at any time, subject to reasonable notice to users.
T:Market may charge fees for certain services and functionalities on the Platform. The specific fees applicable to your use of the Platform will depend on the type of license you have, your usage of the Platform, and any specific agreements between you and T:Market.
- Fee Types
T:Market may charge the following types of fees:
- Subscription Fees: These are recurring fees charged on a monthly or annual basis for the use of certain licenses, such as the Shop license. Subscription fees may vary based on the features and functionalities included in the license.
- Transaction Fees: These are fees charged per transaction, typically a percentage of the sale price, and may be applicable to Shop licenses or other commercial licenses. Transaction fees may vary based on the type of goods sold, the transaction value, and other factors.
- API Usage Fees: These are fees charged for accessing and using T:Market’s application programming interface (API). API usage fees may be based on the number of API calls, the volume of data accessed, or other usage metrics.
- Data Analytics Fees: These are fees charged for accessing and using aggregated and anonymized data from the T:Market platform. Data analytics fees may be based on the type and volume of data accessed, the purpose of use, and other factors.
- Other Fees: T:Market may introduce other fees for specific services or functionalities in the future, such as premium features, enhanced support, or promotional opportunities.
- Fee Structure
- Transparency: T:Market will clearly communicate its fee structure to users, including any applicable fees for different license types, usage tiers, or services. The fee structure will be readily available on the T:Market website or through other communication channels.
- Flexibility: T:Market reserves the right to modify its fee structure at any time, subject to reasonable notice to users. Any changes to the fee structure will be communicated through the Platform or other appropriate channels.
- Currency: All fees will be charged in the currency specified by T:Market.
- Payment: Users are responsible for paying all applicable fees in a timely manner. T:Market may suspend or terminate a user’s access to the Platform for non-payment of fees.
- Fee Waivers and Discounts
- Promotional Offers: T:Market may offer temporary fee waivers or discounts for new users, during promotional periods, or for specific product categories.
- Volume Discounts: High-volume sellers or frequent buyers may be eligible for discounted fees based on their transaction history or sales volume.
- Loyalty Programs: T:Market may implement loyalty programs that reward users with fee discounts or other benefits based on their engagement with the Platform.
- Partnerships: T:Market may partner with other businesses or organizations to offer fee discounts or exclusive benefits to their members or customers.
- Early Adoption Incentives: T:Market may offer fee waivers or discounts to early adopters of new features or services.
- Taxes
- Tax Responsibility: Users are responsible for any applicable taxes, duties, or other governmental charges related to their use of the T:Market platform or any transactions conducted through the Platform.
- Tax Calculation: T:Market may calculate and collect applicable taxes on behalf of sellers, depending on the user’s location and the nature of the transaction.
- Tax Invoices: T:Market will provide users with appropriate tax invoices or receipts for any fees or taxes collected.
- No Data Scraping: Users may not scrape or extract data from the T:Market platform without written permission.
- No Reselling Services: Users may not resell or redistribute T:Market services without written permission.
- No Reverse Engineering: Users may not reverse engineer, decompile, or attempt to derive the source code of the T:Market platform.
- No Circumvention of Security Measures: Users may not attempt to bypass or disable any security measures implemented by T:Market.
- No Interference with Platform Operation: Users may not interfere with or disrupt the operation of the T:Market platform, including its servers, networks, or databases.
5.1 AI Capabilities
T:Market may utilize artificial intelligence (AI) technologies to enhance various aspects of the Platform and provide innovative features and functionalities to our users. These AI capabilities may include, but are not limited to:
- Personalized Recommendations: AI algorithms may analyze user data and preferences to provide personalized recommendations for products, services, or content that may be of interest to you.
- Content Moderation: AI may be used to assist in moderating content uploaded by users, such as identifying and flagging inappropriate or harmful content.
- Fraud Detection: AI algorithms may analyze user behavior and transaction patterns to detect and prevent fraudulent activities on the Platform.
- Customer Support: AI-powered chatbots or virtual assistants may be used to provide customer support and answer user inquiries.
- Image Recognition: AI may be used to analyze images uploaded by users, such as identifying product categories or detecting counterfeit goods.
- Search Optimization: AI may be used to improve search functionality on the Platform, providing more relevant and accurate search results.
- Language Translation: AI may be used to translate product descriptions or user communications into different languages, facilitating cross-border transactions.
5.2 Third-Party AI Providers
T:Market may utilize third-party AI providers to deliver certain AI capabilities on the Platform. These third-party providers may include leading AI technology companies or specialized AI service providers.
While we carefully select our third-party AI providers, we do not have direct control over their AI technologies, algorithms, or data processing practices. Therefore, we cannot guarantee the accuracy, reliability, or performance of the AI services provided by these third parties.
5.3 No Warranties for AI Services
T:Market makes no warranties or representations of any kind, express or implied, regarding the AI services provided on the Platform. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or non-infringement.
AI technologies are constantly evolving, and their performance may vary depending on various factors, such as the quality and quantity of data used, the complexity of the task, and the specific algorithms employed. Therefore, we cannot guarantee that the AI services will always meet your expectations or provide accurate or reliable results.
5.4 User Discretion and Responsibility
Users are solely responsible for evaluating and using any AI-generated content, recommendations, or insights provided on the Platform. You should exercise your own judgment and discretion when relying on or making decisions based on AI-generated outputs.
T:Market is not responsible for any losses, damages, or liabilities arising from your use of or reliance on AI services provided on the Platform. You agree to use these services at your own risk.
5.5 Data Privacy and Security
T:Market is committed to protecting the privacy and security of user data used in connection with AI services. We will comply with applicable data privacy laws and regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
We will ensure that any personal data used for AI purposes is collected and processed lawfully, fairly, and transparently. We will also implement appropriate technical and organizational measures to protect user data from unauthorized access, use, or disclosure.
5.6 Ethical Considerations
T:Market recognizes the importance of ethical considerations in the use of AI. We will strive to use AI in a responsible and ethical manner, ensuring that it does not perpetuate bias, discrimination, or other harmful outcomes.
We will also take steps to mitigate potential risks associated with AI, such as unintended consequences, algorithmic bias, and the potential for misuse.
5.7 Transparency and Explainability
T:Market will endeavor to provide transparency and explainability regarding our use of AI on the Platform. We will provide information about the types of AI technologies used, the purposes for which they are used, and the potential impact on users.
We will also strive to make our AI systems explainable, providing users with insights into how AI-generated outputs are produced and the factors that influence them.
5.8 User Feedback and Collaboration
T:Market welcomes user feedback and collaboration on our AI initiatives. We encourage users to provide feedback on their experiences with AI services on the Platform, including any concerns or suggestions for improvement.
We believe that collaboration with our users is essential for developing and deploying AI in a responsible and beneficial manner.
5.9 Future Developments
AI is a rapidly evolving field, and T:Market is committed to staying at the forefront of AI innovation. We will continue to explore and implement new AI capabilities to enhance our Platform and provide our users with cutting-edge features and functionalities.
We will keep our users informed about any significant developments in our AI initiatives through our Platform, blog, or other communication channels.
6.1 Ownership of Platform Intellectual Property
T:Market retains exclusive ownership of all intellectual property rights related to the Platform and its components. This includes, but is not limited to:
- Software: All software code, algorithms, databases, and other technological elements underlying the Platform.
- Trademarks: All trademarks, service marks, logos, and brand names associated with T:Market and its Services.
- Content: All content created or generated by T:Market, including text, graphics, images, videos, and AI-generated content used to promote or operate the Platform.
- User Interface: The design, layout, and visual elements of the Platform’s user interface.
- Documentation: All documentation, manuals, guides, and other materials related to the Platform.
- Derivative Works: Any derivative works based on the Platform or its components, including translations, modifications, and adaptations.
6.2 User Content
Users retain ownership of the content they upload or submit to the Platform, including product listings, images, descriptions, and reviews (“User Content”). However, by submitting User Content to the Platform, users grant T:Market a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purpose of operating, promoting, and improving the Platform and its Services.
6.3 License Grant
The license granted by users to T:Market for their User Content is:
- Non-exclusive: T:Market is not the sole entity authorized to use the User Content; users may also grant similar licenses to others.
- Worldwide: The license extends to all countries and territories globally.
- Royalty-free: T:Market is not required to pay any royalties or fees to users for the use of their User Content.
- Perpetual: The license remains in effect indefinitely, even if the user discontinues their use of the Platform.
- Irrevocable: The license cannot be revoked or terminated by the user.
- Sublicensable: T:Market may sublicense the User Content to third parties, including affiliates, partners, and service providers.
6.4 Restrictions on User Content
Users represent and warrant that their User Content:
- Does not infringe upon the intellectual property rights of any third party, including copyrights, trademarks, patents, or trade secrets.
- Does not violate any applicable laws or regulations.
- Is not defamatory, obscene, offensive, or otherwise harmful.
- Does not contain any viruses, malware, or other harmful code.
- Is accurate, complete, and up-to-date.
- Does not impersonate any person or entity.
- Does not promote or facilitate illegal activities.
6.5 Removal of User Content
T:Market reserves the right to remove any User Content that violates this Agreement or that we deem, in our sole discretion, to be inappropriate or harmful. We may also remove User Content in response to valid legal requests or to comply with applicable laws or regulations.
6.6 Feedback
Users may provide feedback, suggestions, or ideas to T:Market regarding the Platform or Services (“Feedback”). By submitting Feedback, users grant T:Market a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such Feedback for any purpose without any obligation or compensation to the user.
6.7 Copyright Infringement
T:Market respects the intellectual property rights of others and expects our users to do the same. If you believe that your copyrighted work has been infringed upon on our Platform, please notify us in accordance with our Copyright Policy. We will promptly investigate and take appropriate action, which may include removing or disabling access to the infringing material.
6.8 Trademark Infringement
T:Market’s trademarks and branding are valuable assets. Users may not use our trademarks or any confusingly similar marks without our prior written consent. We will actively enforce our trademark rights to protect our brand and prevent consumer confusion.
6.9 Patent Infringement
T:Market may hold patents or have pending patent applications related to the Platform and its features. Users may not use, reproduce, or distribute any patented inventions without our prior written consent. We will vigorously defend our patent rights against any infringement.
6.10 Trade Secret Protection
T:Market’s confidential information, including trade secrets, know-how, and proprietary technologies, is protected by law and contractual obligations. Users may not disclose or use any confidential information without our prior written consent. We will take appropriate legal action to protect our trade secrets and confidential information.
6.11 Disclaimer
T:Market makes no representations or warranties of any kind, express or implied, regarding the ownership, validity, or enforceability of any intellectual property rights associated with the Platform or User Content. Users are solely responsible for ensuring that their User Content does not infringe upon the intellectual property rights of any third party.
6.12 Indemnification
Users agree to indemnify and hold T:Market harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or relating to any third-party allegations of intellectual property infringement related to the user’s User Content or use of the Platform.
7.1 No Warranties
T:Market provides the Platform and its Services “as is” without warranties of any kind, express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose.
- Warranties of accuracy, completeness, reliability, or non-infringement.
- Warranties that the Platform or Services will be uninterrupted, error-free, or secure.
- Warranties that any defects or errors will be corrected.
- Warranties that the Platform or Services will meet your specific requirements or expectations.
7.2 Disclaimer of Specific Warranties
T:Market specifically disclaims any warranties regarding:
- The availability, accuracy, or completeness of any content or information on the Platform.
- The suitability of the Platform or Services for any particular purpose.
- The compatibility of the Platform or Services with any particular hardware or software.
- The security of the Platform or Services, including the risk of unauthorized access or data breaches.
- The performance of any third-party services or products accessed through the Platform.
7.3 Limitation of Liability
To the maximum extent permitted by applicable law, T:Market shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to this Agreement, the Platform, or the Services, including but not limited to:
- Lost profits or revenue.
- Loss of data or information.
- Business interruption or downtime.
- Damage to reputation or goodwill.
- Costs of procurement of substitute goods or services.
7.4 Exclusion of Certain Damages
In no event shall T:Market be liable for any damages arising out of or related to:
- Your use or misuse of the Platform or Services.
- Your reliance on any content or information on the Platform.
- Your interactions with other users of the Platform.
- Any third-party services or products accessed through the Platform.
- Any unauthorized access to or use of your account or data.
7.5 Indemnification
You agree to indemnify and hold T:Market harmless from any claims, losses, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to:
- Your use or misuse of the Platform or Services.
- Your violation of this Agreement or any applicable laws or regulations.
- Your infringement of any third-party rights, including intellectual property rights.
- Your breach of any representations or warranties made in this Agreement.
- Any disputes or claims arising from your interactions with other users of the Platform.
7.6 Assumption of Risk
You acknowledge and agree that your use of the Platform and Services is at your own risk. You are solely responsible for your interactions with other users and any decisions you make based on information or content on the Platform.
7.7 Limitation of Liability Amount
T:Market’s total cumulative liability to you for any and all claims arising out of or related to this Agreement, the Platform, or the Services shall be limited to the amount of fees you have paid to T:Market in the twelve (12) months preceding the event giving rise to the liability.
7.8 Enforceability
If any provision of this Liability Disclaimer is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
7.9 Governing Law
This Liability Disclaimer shall be governed by and construed in accordance with the laws of Israel, without regard to its conflict of laws principles.
7.10 Entire Agreement
This Liability Disclaimer constitutes the entire agreement between you and T:Market with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
This extended Liability Disclaimer aims to provide comprehensive protection for T:Market by clearly defining the limitations of its liability and disclaiming any warranties or representations regarding the Platform and Services. It also includes an indemnification clause to protect T:Market from third-party claims and emphasizes that users assume the risk of using the Platform and Services.
8.1 Termination for Breach
T:Market may terminate this Agreement immediately upon written notice to you if you breach any provision of this Agreement and fail to cure such breach within a reasonable period of time specified in the notice, unless such breach is not curable.
8.2 Termination for Non-Payment
T:Market may terminate Shop licenses or any other licenses subject to fees for non-payment of fees, subject to any applicable grace periods and in accordance with the terms of the specific license agreement.
8.3 Termination for Convenience
T:Market may terminate this Agreement or any license granted hereunder at any time for any reason or no reason, upon written notice to you.
8.4 Effect of Termination
Upon termination of this Agreement or any license granted hereunder:
- Your license to use the T:Market Platform will immediately cease.
- You must immediately discontinue all use of the Platform.
- You will no longer have access to your account or any data associated with your account.
- T:Market may delete your account and any associated data.
- T:Market shall have no further obligations to you under this Agreement, except for any obligations that expressly survive termination.
8.5 Survival
The following provisions of this Agreement shall survive termination:
- Intellectual Property provisions (Section 6)
- Liability Disclaimer provisions (Section 7)
- Governing Law and Dispute Resolution provisions (Section 9)
- Any other provision that by its nature is intended to survive termination
8.6 No Liability
T:Market shall not be liable to you or any third party for any damages or losses arising out of or related to the termination of this Agreement or any license granted hereunder.
9.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.
9.2 Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the [Arbitration Association Name] in Tel Aviv, Israel, in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (if applicable). The arbitration shall be conducted by a single arbitrator, and the language of the arbitration shall be English.
9.3 Binding Effect
The award rendered by the arbitrator shall be final, binding, and non-appealable, and judgment upon the award may be entered in any court having jurisdiction thereof.
9.4 Equitable Relief
Notwithstanding the foregoing, T:Market may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
9.5 Waiver of Class Action
You and T:Market agree to waive any right to participate in a class action lawsuit or class-wide arbitration. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
9.6 Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to this Agreement or the Platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
9.7 Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
9.8 Entire Agreement
This Agreement, along with any exhibits or attachments hereto, constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9.9 Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
9.10 Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
This Agreement constitutes the entire understanding between the parties and supersedes any prior or contemporaneous communications.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
