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Terms of Service

commoonal

1. Introduction

1.1 Agreement

Please read these Terms of Service (“Contract, “Agreement” or “Terms”) carefully. Your use of our Services, as defined below, constitutes your consent to this Agreement and is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

 

You agree that by clicking “Continue with Facebook”, “Continue with Google””, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with commoonal. If you do not agree to this Agreement, do not click “Sign Up” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

 

You are entering into this Contract with commoonal LLC (also referred to as “we” and “us”), concerning your use of (including any access to) our commoonal mobile app (together with any successor apps, the “App”), and also our http://www.commoonal.comwebsite (together with any successor sites, the “Site”). This Agreement refers to the App and Site (together referred to as “Services” or “our Services”) and any other services that state that they are offered under this Contract, including the offsite collection of data for those Services (such as our ads); and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on our Services (collectively referred to as “Content”). Registered users of our Services are “Users” and unregistered users are “Visitors”. This Contract applies to both Users and Visitors.  

Please note that this Agreement hereby incorporates by reference any additional terms and conditions posted by us through the Service, or otherwise made available to you by us.

By using our Services, you affirm that you are of legal age to enter into this Agreement (which is 18 in most states), or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement, and that your parent or guardian has agreed to be liable for your acts and omissions.

You must ensure that you have the necessary authority and permissions to post any Content, and to enter into any transaction or make any transfer relating to that particular Content, including, if you are not of legal age to do so, by obtaining proper parental or guardian consent. 

Our Service includes a platform where users may post and browse listings for goods, including second-hand goods (“Goods”). Please be aware that when we use the term “Service” or “Services”, it refers strictly to our App and Site, and it does not refer to the action of helping or doing work for someone. You can only list, upload or in any way share Goods on our App and Site, and you are forbidden from listing, uploading or in any way sharing a service.

ALL GOODS LISTED ON OUR SERVICES ARE OFFERED FOR FREE, WITHOUT ANY COMPENSATION OF ANY SORT; AND THEY ARE LISTED FOR FREE, WITHOUT ANY REGISTRATION OR MEMBERSHIP FEES.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1.2 Changes to this Agreement 

We may change this Contract and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by any other reasonable means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive, therefore any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms. We may, at any time and without liability, modify or discontinue all or part of our Services; charge, modify or waive any fees required to use the Services; or offer opportunities to some or all Service users.

1.3 Privacy Policy

To provide these services, we must collect and use your personal data. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by commoonal and its affiliates. 

 

2. Obligations

2.1 Service Eligibility

We want our Services to be as open and inclusive as possible, but we also want them to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to use our Services:

  • You must be at least 18 years old (“Minimum Age”). However, if the law requires that you must be older in order for us to lawfully provide our Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age

  • You must not be a convicted sex offender

  • You will not share your password, give access to your account to others, or transfer your account to anyone else (without our permission)

  • We must not have previously disabled your account for violation of law or any of our policies 

  • You can't violate (or help or encourage others to violate) these Terms or our policies

  • You can't impersonate others or provide inaccurate information. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18  

  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose

  • You can't do anything to interfere with or impair the intended operation of our Services

  • You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission

  • You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials of other Users

  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property

  • You can't use a domain name or URL in any part of your profile info without our prior written consent

2.2 Your Account

You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You are responsible for anything that happens through your account unless you close it or report misuse.

We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account. If you register using a social media network, you authorize us to access, use, disclose and retain, in accordance with our Privacy Policy, the information that we receive from the social media network in connection with your registration.

You can control most communications from our Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

You agree that we will provide notices and messages to you within our Services or sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

 

2.3 User Content

You are responsible for your use of our Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or Goods posted via our Services or obtained by you through our Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via our Services or endorse any opinions expressed via our Services. All User Content is provided by Users, and not by us. We do not sell or otherwise make available any Goods, we do not buy or otherwise acquire any Goods, and we do not facilitate the sale, purchase or transfer of any Goods. We are not responsible or liable for any such Content or Goods, for any transactions or transfers involving Goods, including the shipping or delivery of any Goods, or for any dispute between users relating to any such Goods. Please use caution and common sense when transferring, donating or receiving any Goods. 

You understand that by using our Services, you may be exposed to Content that might be offensive, harmful, inaccurate, incomplete, misleading, illegal, offensive or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. You agree that we are not responsible for such Content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. If you choose to make any of your personal information publicly available through our Service, you do so at your own risk.

We reserve the right to remove Content that violates this Agreement (including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment); that is unlawful, misleading, discriminatory or fraudulent; that infringes or violates someone else's rights; or we are permitted or required to do so by law. 

We can refuse to provide or stop providing all or part of our Services to you (including terminating or disabling your account) immediately to protect our Users or Services, or if you create risk or legal exposure for us, violate this Agreement or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. You agree that you will comply with all of our Community Guidelines, as updated by us from time to time. The Community Guidelines contain, among other things, our list of prohibited goods and our rules of conduct.

You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Services.  You may not access or collect data from our Services using automated means (without our prior permission) or attempt to access data you do not have permission to access. 

 

3. Licenses and Permissions 

3.1. Your License to Us

You own the content you create and share on our Services, and nothing in this Agreement takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.

By submitting, posting or displaying Content on or through our Services, you grant us a worldwide, non-exclusive, transferable, perpetual, irrevocable, royalty-free license (with the right to sublicense) to host, use, copy, reproduce, process, run, adapt, modify, publish, transmit, translate, display (publicly or otherwise) and distribute such Content in any and all media or distribution methods (now known or later developed), without any further consent, notice and/or compensation to you or others. This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve our Services and to make Content submitted to or through our Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by commoonal, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through our Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant commoonal the license described above. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your Content that you may have under any applicable law under any legal theory.

By submitting suggestions, ideas, proposals or other feedback regarding our Services to us, you hereby acknowledge and agree that such feedback will be deemed User Content and we can use and share such feedback for any purpose without compensation to you.

You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). 

 

3.2 Our License to You

Our App is licensed (not sold) to our Users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by commoonal to use the App, we give you a personal, worldwide, royalty-free, limited, revocable, non-sublicensable, non-assignable, non-transferable and non-exclusive license to install and use our software on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using our App AND you must remove (that is, uninstall and delete) the App from your mobile device AND you are prohibited from using the App on any mobile device until such time as we grant you explicit permission to use the App again. 

This license has the sole purpose of enabling you to use and enjoy the benefit of our Services as provided by commoonal, in the manner permitted by these Terms.

Please note that if you do not accept the system permissions that the App requires from time to time, you may not be able to use the App or certain of its functionalities. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use our Services.

Our Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trade names, trademarks and service marks include commoonal and any associated logos. All trade names, trademarks, service marks and logos on our Services not owned by us are the property of their respective owners. Nothing in these Terms gives you a right to use the commoonal name or any of the commoonal trademarks, logos, domain names, and other distinctive brand features. All rights, titles, and interest in and to our Services (excluding Content provided by users) are and will remain the exclusive property of commoonal and its licensors. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on our Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner. Using our Services does not give you any ownership in our Services or the content or information made available through our Services. Any feedback, comments, or suggestions you may provide regarding our Company or our Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

3.3 Permissions

 

You give us permission to use your name and profile picture and information about actions you have taken on our Services next to or in connection with ads, offers, and other sponsored content that we display across our Services, without any compensation to you. If you select a profile name or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

If you download or use our Services, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.

In consideration for us granting you access to and use of our Services, you agree that commoonal and its third-party providers and partners may place advertising on our Services or in connection with the display of Content or information from our Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using our Services: 

  • access, tamper with, or use non-public areas of our Services, computer systems, or the technical delivery systems of our providers; 

  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; 

  • access or search or attempt to access or search our Services by any means (automated or otherwise) other than through our currently available, published interfaces, and only pursuant to the applicable terms and conditions, unless you have been specifically allowed to do so in a separate agreement with us; 

  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services to send altered, deceptive or false source-identifying information;  

  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing our Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on our Services. 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  • satisfy any applicable law, regulation, legal process or governmental request; 

  • enforce the Terms, including investigation of potential violations hereof;

  • detect, prevent, or otherwise address fraud, security or technical issues;

  • respond to user support requests;

  • protect the rights, property or safety of commoonal, its users and the public. 

We reserve the right to limit your use of our Services, including the number of your connections and your ability to contact other Users. We also reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Agreement or law or are misusing our Services. We also retain the right to create limits on use and storage at our sole discretion at any time. We may remove or refuse to distribute any Content on our Services, suspend or terminate users, and reclaim usernames without liability to you.

 

 

4. Disclaimers and Limitations of Liability

4.1 Disclaimers

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMMONAL AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMMOONAL ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

YOU UNDERSTAND AND AGREE THAT OUR SERVICES ARE PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE”, “WHERE IS” AND “WHERE AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMMOONAL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES AND ANY THIRD-PARTY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMMOONAL ENTITIES OR THROUGH OUR SERVICES, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

YOU AGREE TO DEFEND (AT OUR REQUEST), INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES. YOU WILL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

4.2 Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMMOONAL ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: 

  • THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF OUR SERVICES OR ANY CONTENT

  • ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF OUR SERVICES OR ANY CONTENT 

  • THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY OUR SERVICES

  • WHETHER OUR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS

  • OTHER USERS’ ACTIONS OR CONDUCT (WHETHER ONLINE OR OFFLINE) OR ANY CONTENT THEY SHARE (INCLUDING OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, AND OTHER OBJECTIONABLE CONTENT)

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES

  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES

  3. ANY CONTENT OBTAINED FROM OUR SERVICES  

  4. UNAUTHORIZED ACCESS USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. 

 

IN NO EVENT SHALL THE LIABILITY OF THE COMMOONAL ENTITIES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT OF USD $100.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMMOONAL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.



5. Termination

This Agreement is effective until terminated. Both you and commoonal may terminate this Contract at any time without notice to the other. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Upon any such termination or suspension, your right to use our Services will immediately cease, and we may, without liability to you or any third party, immediately block your associated devices from accessing or using our Services, and deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances

On termination, you lose the right to access or use our Services. The following shall survive termination:

  • Our rights to use and disclose your feedback

  • Users’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination

  • Sections 4, 6, 7, and 8 of these Terms

 

6. Governing Law and Dispute Resolution

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Massachusetts, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this agreement or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, must be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that we and you are each waiving the right to trial by a jury. However, as set forth below, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver below, including its enforceability, revocability or validity. All such matters shall be decided by an arbitrator and not by a court or judge. 

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. Notwithstanding anything to the contrary in this Section or any other provision of this Agreement or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action, and (2) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.

For any claim, cause of action, or dispute that, for any reason, CAN NOT be arbitrated OR resolved in small claims court, you agree that it will be resolved exclusively in the United States District Court for the District of Massachusetts or a state court located in Suffolk County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Massachusetts will govern these Terms and any claim, without regard to conflict of law provisions or your location.



7. General Terms

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted. commoonal is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and commoonal. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of our Services) is the only agreement between us regarding our Services and supersedes all prior agreements for our Services.

If we don't act to enforce a breach of this Agreement, it does not mean that we have waived our right to enforce this Contract. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We reserve all rights not expressly granted to you.

 

8. Community Guidelines

You agree that you will NOT:

 

  • Create a false identity on our Services, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account

  • Send messages that are intended to harass, intimidate, threaten, or demean other Users

  • List or upload items that promote or support hate groups; or items that depict or glorify violence

  • Post items or messages that are defamatory, libelous, fraudulent or otherwise violate the law; or that violate right of publicity or privacy

  • Post or transmit any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that’s potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather our content, add or download contacts, send or redirect messages

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for our Services or any related technology that is not open source

  • Override any security feature or bypass or circumvent any access controls or use limits of our Services

  • Disclose information that you do not have the consent to disclose (such as confidential information of others)

  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights

  • Violate the intellectual property or other rights of commoonal, including: copying, using, disclosing or distributing any information obtained from our Services, whether directly or through third parties (such as search engines), without our consent; using the word “commoonal” or our logos in any business name, email, or URL

  • Imply or state that you are affiliated with or endorsed by commoonal without our express consent

  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize our Services or related data or access to the same, without our consent

  • Monitor our Services’ availability, performance or functionality for any competitive purpose

  • Engage in “framing”, “mirroring” or otherwise simulating the appearance or function of our Services

  • Overlay or otherwise modify our Services or their appearance (such as by inserting elements into our Services or removing, covering, or obscuring an advertisement included on our Services)

  • Interfere with the operation of, or place an unreasonable load on, our Services (e.g. spam, denial of service attack, viruses, gaming algorithms)

  • Circumvent our anti-spam and anti-fraud efforts (this includes multiple postings of the same item)

  • Use our Services for any purpose that’s fraudulent or unlawful

  • Harvest or collect information about our Users or direct our Users to external websites or apps to harvest or collect their information

  • Interfere with or disrupt the operation of our Services, our servers or networks

  • Restrict or inhibit any other person from using our Services

  • Ask a User questions about their sex, race, religion, sexual orientation, gender, or family status

 

Prohibited items: 

  1. Illegal Items

  • Counterfeit goods

  • Stocks and other securities, as well as other non-transferable items

  • Stolen goods

  • Hacking tools

  • Vehicles where you are not the titleholder

 

  1. Adult Content

  • Pornography

  • Adult Toys

  1. Drugs and Alcohol

  • Alcoholic products

  • Tobacco

  • E-cigarettes and e-juice

  • Illegal Drugs

  • Prescription drugs or medical devices

  • Over-the-counter drugs and supplements

  1. Animals

  • Live animals (including coral)

  • Fossils

  • Skin and bones from endangered or protected species

  1. Food

  • Catering services

  • Any type of perishable food, including any type of homemade food

  • Baby food and formula

  1. Services

  • Financial Services (including tax filing and preparation, insurance, loans, and credit scoring)

  • Legal Services (including debt collection, will preparation, legal advice)

  • Medical Services (including chiropractic care, cosmetic services like Botox)

  • Escort Services, companionship, matchmaking

  • Massage services

  • Services which are themselves illegal (unlocking phones and other hardware) or may include illegal activity

  • Services related to alcohol or drugs

  • Services involving guns or other weapons

  • Affiliate or pyramid schemes

  1. Weapons and Other Dangerous Items

  • All firearms, accessories and ammunition

  • Airsoft, BB, or other novelty guns that do not clearly display an orange safety tip

  • Tasers

  • Burglary Tools

  • Fireworks

  • Pesticides, tear gas, and other hazardous chemicals or controlled substances

 

  1. Miscellaneous

  • Used cosmetics

  • Lottery tickets and other sweepstakes or gambling

  • Items obtained through government assistance

  • Bodily fluids such as breast milk

  • Any type of currency as a product (cryptocurrencies, euros, dollars, etc.), unless they are collectibles.

 

9. Third Party Materials

Certain Service functionality may make available access to information, products, services and other materials made available by third parties, including listings for Goods (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links.

We neither control nor endorse, nor are we responsible for, any Third Party Materials. Nothing in this Agreement shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials.

Your use of third party materials is at your own risk and is subject to any additional terms and conditions applicable to such third party materials (such as terms of service or privacy policies of the providers of such third party materials).

 

10. Apple-Specific Terms 

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, commoonal’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.



11. Contact Us

 

If you have any questions or comments regarding the Terms of Service, please contact us by email at privacy@commoonal.com. Please do not send sensitive information to us by email, since email communications are not always secure.