Terms & Conditions

This website, currently located at www.RecycledTyke.com, as well as all services related to this website (collectively, the “Site”) is provided by www.RecycledTyke.com (herein referred to as www.RecycledTyke.com, “we”, “us” or “our”). The terms and conditions set out in this notice apply to your visits and uses of our site. By using the site, you agree to be bound by these Terms. Should you not agree to these terms, please do not use our site.

www.RecycledTyke.com is online listing service only. This service is currently being provided to you for free. (You, your and yours herein refer to all registered and non-registered individual users of www.RecycledTyke.com) www.RecycledTyke.com has no retail store. All transactions through the Site are strictly confidential between the buyer and seller, as are the terms of the sale. www.RecycledTyke.com assumes no liability for any transaction that takes place between buyer and seller. www.RecycledTyke.com reserves the right to change, modify, or discontinue any content, feature or service of this site at any time, with or without notice. Terms of Service may be modified or revised at any time, so please review them periodically. If you have any questions about these Terms, please contact us.

General

We do not guarantee continuous, uninterrupted or secure access to our services. Further, operations of the Site may be interfered with by numerous factors outside of our control and www.RecycledTyke.com shall not be held liable for any such interruptions.

While using the Site, Materials and/or Software, you agree to comply with all applicable laws, rules and regulations.

Furthermore, by using our Site, you agree to a code of conduct. Specifically, you agree NOT to:

  • Use the Site or Materials for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit
    1. any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;
    2. any material, non-public information about companies without the authorization to do so;
    3. any trade secret of any third party; or
    4. any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site, Materials or Software;
  • “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • Harvest or collect information about Site visitors or members without their express consent;
  • Post inappropriate content, or post content in inappropriate categories;
  • Fail to pay for an item/items that have been delivered to you; or
  • Fail to deliver an item/items that have been purchased from you.

Vendor Policy

By using our site, you guarantee that you are an individual selling personal items, and not a vendor selling merchandise. Vendor accounts are available for a fee, and vendors are only permitted to list their merchandise after they have entered into a formal contract with www.RecycledTyke.com and delivered payment. Free listings are for individuals only.

Listings

If you contract for a listing (also referred to as an “ad”) on www.RecycledTyke.com, you are solely responsible for the accuracy of the information provided in the listings on this site and for any liability stemming from copy, images or other descriptions provided in the listing. You agree to check your listing once posted for accuracy and completeness. You agree to let www.RecycledTyke.com use the information you supply us with without charge or liability. Your listings do not expire, though we do reserve the right to remove listings that have been on the site for more than one year. We will attempt to contact you before removing your listing, and will leave it on the site at our discretion if you wish that it remain. You are solely responsible for removing your listings once the item that you are advertising has been sold, or is no longer available to buyers for any reason. You are also responsilbe for modifying your listing to reflect any changes to the item being sold.

Product Descriptions

www.RecycledTyke.com requires sellers to provide accurate information on the Site. However, www.RecycledTyke.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by www.RecycledTyke.com itself is not as described, your sole remedy is to deal with the seller directly to resolve your dispute. www.RecycledTyke.com is not involved in or in any way liable for any portion of the sale. If you’ve used PayPal or an escrow service for your transaction, you may contact their dispute resolution departments for assistance in resolving your dispute. If you’ve paid for an item using a credit card through PayPal, you may also contact your credit card company to file a claim.

Membership

Your free membership to www.RecycledTyke.com begins after you have completed and submitted our sign-up form, and will continue automatically unless terminated by you through the “Delete Account” option in Your Account, or until you notify www.RecycledTyke.com in writing of your decision to terminate the service. Members may remove listings by accessing their account on www.RecycledTyke.com, but removal of listing does not entail cancellation of membership.

Copyright

All non-listing content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of www.RecycledTyke.com or its content suppliers and protected by international copyright laws. You may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. You may contact us to request permission to upload, post, reproduce or distribute portions of our content. If no specific restrictions are displayed, you may make copies of select portions of the content, provided that the copies are made only for your personal use and that you maintain any notices contained in the content.

Color

We have made every effort to display as accurately as possible the colors of products that appear at the Site. However, the actual colors you see will depend on your monitor and may or may not be true-to-life.

Disclaimers

THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER ON WHICH THE SITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, SOFTWARE OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

Indemnification

You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from

  1. your breach of this Agreement, including any violation of the Code of Conduct, above;
  2. any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
  3. your activities in connection with the Site.

Effective Date

These terms of use were written and posted on September 12, 2008 and are effective immediately and in perpetuity unless otherwise noted.