Draft for review. OurMarket hasn't approved these terms yet. They are not in effect until this note is removed and an effective date is added.
Legal
Terms of Service
Effective date: pending review
These Terms of Service ("Terms") are an agreement between you and OurMarket ("OurMarket," "we," "us") about your use of the OurMarket app and website (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.
1. Who can use OurMarket
- OurMarket is for the ASU community. You need a valid Arizona State University email address to create an account, and you must verify it.
- You must be at least 13 years old. If you are under 18, you may only use OurMarket with permission from a parent or guardian, who agrees to these Terms for you.
- You can't use OurMarket if we have previously removed you from the Service, or if the law doesn't allow you to use it.
- OurMarket is independent. It is not operated, endorsed or sponsored by Arizona State University.
2. Your account
- Give accurate information, keep your login secure, and use one account for yourself. Don't share, sell or transfer your account.
- You are responsible for what happens under your account. Tell us right away at the email below if you think someone else is using it.
- If you lose access to your ASU email, you may lose the ability to verify or recover your account.
3. OurMarket is a venue
- OurMarket helps students find each other to buy, sell and trade. We are not a party to any sale. We don't own, inspect, store or ship items, and we don't guarantee that any item, listing, user or trade is safe, legal, accurate or as described.
- Unless the app clearly says otherwise, payment happens directly between buyer and seller, outside of OurMarket. Agree on the price and payment method before you meet, and never send money for an item you haven't seen.
- Buyers and sellers are responsible for their own trades, including any taxes, refunds or disputes. We may try to help with a problem, but we don't have to.
4. Listings and prohibited items
When you post a listing, it must be something you own and have the right to sell, described honestly, with real photos of the actual item and a real price. You may not list, sell, trade or ask for:
- Weapons, ammunition, explosives, fireworks, or parts to make them.
- Drugs, drug paraphernalia, prescription medication, alcohol, tobacco, nicotine or vape products, or cannabis products.
- Stolen, counterfeit or knock-off goods, or items that infringe someone else's rights.
- Recalled, unsafe or hazardous items, including anything that is dangerous to hand off on campus.
- Animals.
- Adult or sexual content or services.
- Academic dishonesty, such as exam answers, homework or essay writing, or access to graded coursework.
- ASU-issued items you aren't allowed to transfer, such as student IDs, Sun Cards, parking permits or housing assignments.
- Personal information, accounts or login credentials, and gift cards or money-like items used to move funds.
- Anything else that is illegal, or that breaks ASU policy for the location where you meet.
Ticket resales must follow the ticket issuer's rules and the law. We may remove any listing for any reason, including listings that look misleading, duplicated or spammy.
5. How to treat each other
OurMarket has no tolerance for objectionable content or abusive users. Don't:
- Harass, threaten, bully, stalk, or discriminate against anyone.
- Post hateful, violent, sexual or otherwise objectionable content, including in photos and messages.
- Scam, mislead, or pressure anyone, including bait-and-switch listings, fake payments or "overpayment" schemes.
- Impersonate someone, or misrepresent your affiliation with ASU or OurMarket.
- Spam, use bots or scrapers, collect other users' data, or try to get around verification, blocks or bans.
- Interfere with, attack or reverse-engineer the Service, or use it for anything illegal.
6. Meetups and safety
- Use the verified meetup spots shown in the app whenever you can, and meet in person, in public, during the day.
- Inspect the item before you pay. Bring a friend if you want to. If something feels off, leave.
- Verified spots and verified accounts reduce risk; they don't remove it. We don't supervise meetups and aren't responsible for what happens at them.
- If anyone's safety is in immediate danger, contact local emergency services or campus public safety first, then tell us.
7. Your content
- You keep ownership of the photos, text and messages you post ("your content").
- You give OurMarket a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce and adapt your content only as needed to run, improve and promote the Service. This license ends when you delete the content or your account, except for copies we must keep for safety, legal or backup reasons, as described in our Privacy Policy.
- Only post content you have the right to share. Don't post photos of other people without their permission.
8. Reports, blocking and enforcement
- You can report listings, messages and users, and block other users, from inside the app. Please report anything that breaks these Terms.
- We review reports and may remove content, limit features, suspend or permanently ban accounts, and share information with campus or law enforcement when we believe it is required or needed to protect someone.
- We may act without notice when we think it is necessary to protect users or the Service.
9. Ending your account
- You can stop using OurMarket at any time and request account deletion in the app. What happens to your data is described in our Privacy Policy.
- We may suspend or end your access if you break these Terms, if your ASU email is no longer valid, or if we stop offering the Service.
- Sections 3, 7, 10 and 12 keep applying after your account ends.
10. Disclaimers and limits on liability
- The Service is provided "as is" and "as available," without warranties of any kind, to the fullest extent the law allows. We don't promise it will be uninterrupted, error-free or secure.
- To the fullest extent the law allows, OurMarket and the people who run it are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss arising from items, trades, meetups, or other users' conduct.
- Our total liability for any claim about the Service is limited to $100 or the amount you paid us in the past 12 months, whichever is greater.
- You agree to cover OurMarket's losses and costs from claims that come from your content, your trades, or your breaking these Terms or the law.
- These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules. Disputes will be handled in the state or federal courts located in Maricopa County, Arizona, unless the law requires otherwise.
11. App stores
- If you downloaded OurMarket from the Apple App Store or Google Play, these Terms are between you and OurMarket, not Apple or Google. OurMarket, not Apple or Google, is responsible for the app, its content, support and maintenance, and any claims about it.
- For the iPhone app: Apple has no obligation to provide support or maintenance; if the app fails to meet any applicable warranty, you may notify Apple, and Apple's only obligation is to refund the purchase price, if any; Apple isn't responsible for claims about the app, including product liability, legal or regulatory compliance, or intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You confirm that you aren't located in a country under a U.S. government embargo and aren't on any U.S. government list of prohibited or restricted parties.
12. Changes and contact
- We may update these Terms. If a change is significant, we'll tell you in the app or by email before it takes effect. Using OurMarket after that means you accept the new Terms.
- If part of these Terms can't be enforced, the rest still applies. Not enforcing a term right away doesn't mean we give it up.
- Questions? Email K.ourmarketapp@gmail.com or visit Support.