Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

1. Introduction

This User Agreement, and all policies and additional terms posted on and in our site and services (collectively "Services") set out the terms on which Stocko offers you access to and use of our Services. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is Stocko. In this User Agreement, that entity is individually and collectively referred to as "Stocko," "we," or "us."

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see "Disclaimer of Warranties; Limitation of Liability" and "Legal Disputes" provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate. If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

2. About Stocko

Stocko is a marketplace that allows users to offer and find textile products in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Stocko is not a traditional auctioneer.

Any guidance we provide as part of our Services, such as pricing, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Stocko has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a deal or return an item.

3. Using Stocko

In connection with using or accessing the Services you will not:

• post, list or upload content or items in inappropriate categories or areas on our site;
• breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our site, or are a person with whom deals are prohibited under economic or trade sanctions;
• fail to deliver items sold by you, unless you have a valid reason as set out in an Stocko policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user's listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems;
• transfer your Stocko account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Stocko or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Stocko;
• interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any Stocko application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Stocko. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Stocko or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• commercialize any Stocko application or any information or software associated with such application, except with the prior express permission of Stocko;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures used to provide the Services.

If we believe you are abusing Stocko and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating the policy, you may be subject to a range of actions, including limits on your ordering and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of ordering or selling outside of Stocko, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

4. Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

5. Listing Conditions

When listing an item for sale on Stocko Services, you agree to comply with that:

• You are responsible for the accuracy and content of the listing and item offered,
• Content that violates any of Stocko's policies may be modified, obfuscated or deleted at Stocko's discretion,
• We may revise product data associated with listings to supplement, remove, or correct information,
• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
  • buyer's location, search query, browsing site, and history;
  • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
  • seller's history, including listing practices, Detailed Seller Ratings, Stocko policy compliance, Feedback, and defect rate; and
  • number of listings matching the buyer's query,
• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
• Some advanced listing upgrades will only be visible on certain Services,
• Meta Tags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.

6. Purchase Conditions

When ordering an item on Stocko Services, you agree that we do not transfer legal ownership of items from the seller to the buyer,

 

7. International ordering; Translation

If you purchase an item on an Stocko site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other Stocko site with respect to that particular purchase.

You authorize us to use automated tools to translate your Stocko content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available.

 

8. Content

When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Stocko, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Stocko takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Stocko users). You may use that content solely in your Stocko listings. Stocko may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that Stocko is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

The name "Stocko" and other Stocko marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Stocko in all countries. They may not be used without the express written prior permission of Stocko.

9. Privacy of Others; Marketing

If Stocko provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

 

10. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Such functionality is subject to delays beyond Stocko's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the content you provide (directly or indirectly) using the Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by Stocko;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device from the use of any Stocko Service;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Abusing Stocko Section above;
• the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
• your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

11. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

12. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Stocko's Services or your breach of any law or the rights of a third party.

13. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Stocko HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Stocko agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Stocko (including any claim or dispute between you and a third-party agent of Stocko) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Stocko or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Stocko, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate

You and Stocko each agree that any and all disputes or claims that have arisen, or may arise, between you and Stocko (including any disputes or claims between you and a third-party agent of Stocko) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of Stocko or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Stocko must be resolved exclusively. You and Stocko agree to submit to the personal jurisdiction of the courts.

 

14. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.stocko.pro

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.stocko.pro. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Stocko representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Stocko Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Stocko, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.