Q-desu's Terms of Use Agreement

By using the Q-desu.com web site, a service of Q-desu, Inc., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").

General Terms

1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
2. You are responsible for keeping your password secure.
3. You must not abuse, harass, threaten, impersonate or intimidate other Q-desu users.
4. You may not use the Q-desu service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
5. 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 Q-desu service.
6. You must not modify, adapt or hack Q-desu.com or modify another website so as to falsely imply that it is associated with Q-desu.
7. You must not create or submit unwanted email or Conversations ("Convos") to any Q-desu members ("Spam").
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. You must not, in the use of Q-desu, violate any laws in your jurisdiction.

Violation of any of these agreements will result in the termination of your Q-desu account. While Q-desu prohibits such conduct and content on its site, you understand and agree that Q-desu is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Q-desu service at your own risk.

General Conditions

* Q-desu reserves the right to modify or terminate the Q-desu service for any reason, without notice at any time.
* Q-desu reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Q-desu will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Q-desu's sole discretion, in good faith and using common sense and reasonable judgment.
* Q-desu reserves the right to refuse service to anyone for any reason at any time.
* Q-desu may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that Q-desu determine in Q-desu's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, the DOs and DON'Ts of Q-desu, or other policy documents and community guidelines as posted on Q-desu.
* The Q-desu service makes it possible to post images hosted on Q-desu to outside websites. This use is accepted. However, pages on other websites which display images hosted on Q-desu must provide a link back to Q-desu from each photo to its photo page on Q-desu.
* Your account will be terminated, without prior notice, if your account 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.
* 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. By uploading images and item description content to Q-desu, you agree to allow other Q-desu users to view them and you agree to allow Q-desu to display the images and content on Q-desu (for example, in your shop, on Q-desu's Homepage and in Treasuries) and store the images, item description, profile and other content.

You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, the DOs and DON'Ts of Q-desu, and other policy documents and community guidelines as posted on Q-desu before you may become a member of Q-desu. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

Q-desu may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Q-desu. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on August 31, 2007 for all users.

Membership Eligibility

Q-desu's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Q-desu's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Q-desu 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 Q-desu. Further, your Q-desu account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Joining and setting up a shop on Q-desu is free. Q-desu do not charges fees for listing items for sale through Q-desu. Q-desu is not a retailer. Although Q-desu is commonly referred to as an online marketplace, it is important to realize that Q-desu is not a traditional "retailer."As a result, Q-desu has 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. Q-desu cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Q-desu does not transfer legal ownership of items from the seller to the buyer.

Identity Verification

Q-desu uses many techniques to verify the accuracy of the information Q-desu's users provide to Q-desu when they register on Q-desu. However, because user verification on the Internet is difficult, Q-desu cannot and does not confirm each user's purported identity. Thus, Q-desu has established a user-initiated feedback system to help you evaluate with whom you are dealing. Q-desu also encourages you to communicate directly with potential transaction partners through the tools available on Q-desu. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because Q-desu is a venue, in the event that you have a dispute with one or more users, you release Q-desu (and Q-desu's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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

Q-desu does 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 Q-desu. 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 Q-desu, you agree to accept such risks and that Q-desu (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Q-desu

Buying

A buyer is obligated to complete the transaction of a purchase of an item on Q-desu in any shop within three (5) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (5) days if paying by personal check, money order or "other." A buyer who pays by mail with a money order or personal check must send the seller an email or Convo to notify the seller that that the payment is in the mail, within three (5) days of the transaction.

A seller must abide by all of Q-desu's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

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. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Item Policies: All sellers are urged to outline individual shop policies (in their Shop Announcement or Profile) for their Q-desu shop. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. Q-desu reserves the right to request that a seller modify an individual policy.

Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated 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.

Termination: Without limiting any other remedies, Q-desu, without notice, may suspend or terminate your account if Q-desu suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Q-desu's policies set out in this Agreement, the Privacy Policy, the DOs and DON'Ts of Q-desu, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Q-desu.

Manipulation:The price stated in each Q-desu Item Description must be an accurate representation of the sale. ?Manipulation? refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Q-desu transaction fees, and hacking into another?s account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.

Prohibited, Questionable and Infringing Items

Definition: "Your Information" is defined as any information you provide to Q-desu or other users in the registration, in the listing process (which includes photographs and descriptions), 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 Q-desu acts as a passive conduit for your online distribution and publication of Your Information.

"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), Convos, and email.

Restricted Activities: Your Activities which results in Your Information (or any items listed) on Q-desu shall not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the DOs and DON'Ts of Q-desu;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property 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 otherwise shall be subject to the Mature Content rules as outlined in the DOs and DON'Ts of Q-desu ;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, 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, the Privacy Policy, the DOs and DON'Ts of Q-desu, or other policy documents and community guidelines as posted on Q-desu or;
(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 Q-desu's (this does not prevent linking to or advertising an Q-desu 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 Q-desu (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 the Terms of Use.

License: Solely to enable Q-desu to use the information you supply us with, so that Q-desu is not violating any rights you might have in that Your Information, you agree to grant Q-desu a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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. Q-desu will only use Your Information in accordance with Q-desu's Privacy Policy.

Breach

Without limiting other remedies available, Q-desu may, without prior notice, limit your activity, immediately remove your item listings, warn Q-desu's 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, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Q-desu is unable to verify or authenticate any of Your Information; or
(c) Q-desu believes that your actions may cause financial loss or legal liability for you, Q-desu's users or Q-desu.

Privacy

Q-desu does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Q-desu only uses your information as described in the Privacy Policy. Q-desu views protection of users' privacy as a very important community principle. Q-desu understands clearly that you and Your Information is one of Q-desu's most important assets.

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.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

You and Q-desu are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.