STABROEK MARKETPLACE
ACCEPTABLE USE POLICY
Stabroek Marketplace is a commerce platform that provides the
tools and technology for merchants to set up an online store and sell products
and services on their own website, at physical retail locations, marketplaces,
and more. While we believe the free and open exchange of ideas and products is
a key tenet of commerce, there are some activities that are incompatible with Stabroek
Marketplace’s mission to make commerce better for everyone. This Acceptable Use
Policy (“AUP”) describes
activities that are prohibited in connection with your use of the Services.
Any capitalized terms
used in this AUP are defined on the Stabroek Marketplace AUP definitions page,
located at https://stabroek.gy/page/acceptable-use-policy
The following activities are prohibited:
1. Child exploitation: You may not offer
goods or services, or post or upload Materials that exploit or abuse
children, including but not limited to images or depictions of child abuse or
sexual abuse, or that present children in a sexual manner.
2. COVID-19: You may only offer goods or services in relation
to COVID-19 that comply with the Rules of Engagement for the Sale of
COVID-19 Related Products.
3. Harassment, bullying, defamation and threats:
You may not offer goods or services, or post or upload Materials, that harass,
bully, defame or threaten a specific individual.
4. Hateful content: You may not use
the Services to promote or condone hate or violence against people based on
race, ethnicity, color, national origin, religion, age, gender, sexual
orientation, disability, medical condition, veteran status or other forms of
discriminatory intolerance. You may not use the Services to promote or support
organizations, platforms or people that: (i) promote or condone such hate; or
(ii) threaten or condone violence to further a cause.
5. Illegal activities: You may not offer
goods or services, or post or upload Materials, that contravene or that
facilitate or promote activities that contravene, the laws of the jurisdictions
in which you operate or do business.
6. Intellectual property:
You may not offer goods or services, or post or upload Materials, that infringe
on the copyright or trademarks of others.
7. Malicious and deceptive practices:
You may not use the Services to transmit malware or host phishing pages. You
may not perform activities or upload or distribute Materials that harm or
disrupt the operation of the Services or other infrastructure of Stabroek
Marketplace or others, including Stabroek Marketplace’s third-party providers.
You may not use the Services for deceptive commercial practices or any other
illegal or deceptive activities.
8. Personal, confidential, and protected health
information: You may not post or upload any Materials that contain personally
identifiable information, sensitive personal information, or confidential
information, such as credit card numbers, confidential national ID numbers, or
account passwords unless you have consent from the person to whom the
information belongs or who is otherwise authorized to provide such consent. You
may not use the Services to collect, store, or process any protected health
information subject to the Health Insurance Portability and Accountability Act
(“HIPAA”), any applicable health privacy regulation or any other applicable law
governing the processing, use, or disclosure of protected health information.
9. Restricted Items: You may not offer
goods or services that are, or appear to be, Restricted Items.
reserves
the right to update and change the AUP Definitions at any time.
“Materials” means
any photo, image, video, graphic, written content, audio file, code,
information, data or other content uploaded, collected, generated, stored,
displayed, distributed, transmitted or exhibited on or in connection with your
Account.
“Restricted
Items” means:
Dangerous Items: Hazardous
Materials, Recalled Items and Weapons
For safety and legal reasons, we prohibit certain dangerous
items from our marketplace.
More
details:
Hazardous Materials
Due to the potential harm caused by hazardous materials, as well
as complex legal and delivery regulations surrounding such materials, hazardous
materials are prohibited on Stabroek Marketplace.
While not exhaustive, the following materials are examples of
prohibited hazardous materials:
- Explosives
(fireworks or sparklers)
- Explosive
precursors
- Flammable
items
- Gases
- Radioactive
material
- Toxic
substances (such as poisons)
- Individual
or loose lithium ion batteries
Some ingredients are considered hazardous when found in certain
contexts.
Recalled Items or Items that May Pose a Health or Safety
Hazard
Items that have been recalled by governments or manufacturers
are prohibited from being sold on Stabroek Marketplace. A few examples of items
that have been recalled are certain vintage Corning Ware percolators, lawn
darts and drop side cribs.
Items that may pose a health or safety hazard are prohibited,
even if they have not been the subject of a recall. This would include, for
example, items that present a choking, electrocution, or strangulation hazard.
We generally rely on information from various government agencies to identify
these items.
Certain Firearms
an automatic firearm that has not been rendered
inoperable
a semi-automatic firearm that has the capacity to
accept a detachable magazine, with one or more of the following items:
magazine capable of accepting more than 10 rounds
bump stock
rapid fire trigger activator or trigger crank
barrel shroud
thumbhole stock
threaded barrel capable of accepting a flash
suppressor, sound suppressor or silencer
grenade or rocket launcher
flash suppressor, sound suppressor or silencer
pistol grip (or in the case of a pistol, a second
pistol grip)
forward pistol grip
a semi-automatic firearm that has a fixed magazine
with the capacity to accept more than 10 rounds
firearms without serial numbers
ghost guns and 3D printed guns, including blueprints
for such guns
any part, component or kit for any firearm or gun
listed above
Certain Firearm Parts
80% or unfinished lower receivers
magazine capable of accepting more than 10 rounds
bump stock
grenade or rocket launcher
pistol grip (or in the case of a pistol, a second
pistol grip)
forward pistol grip
barrel shroud*
thumbhole stock*
threaded barrel capable of accepting a flash
suppressor, sound suppressor or silencer*
flash suppressor, sound suppressor or silencer*
rapid fire trigger activator or trigger crank
any part, component or kit for a firearm part or
including a firearm part listed above
*Only if for use with a semi-automatic firearm
Animal Products and Human Remains
Certain animal products are highly regulated and prohibited on Stabroek
Marketplace due to the risk of harm to live, companion, or endangered animals.
More Details:
The following are examples of animal products that may not be
sold on Stabroek Marketplace:
Live animals.
Items created using any endangered or threatened
animal species. We define these as animal species designated as threatened or
endangered by the US Endangered Species Act or listed in Appendix I of
the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES).
Items made from cat and dog parts or pelts as
defined by US Federal Law.
Ivory or bones from ivory-producing animals,
including tusks, elk ivory, fossilised ivory and woolly mammoth ivory.
Items made from human remains or products from the
human body, except for teeth, fingernails, and hair.
Hate Items: Items that Promote, Support or Glorify
Hatred
We want Stabroek Marketplace to be a community where people of
all backgrounds, nationalities, religions, political affiliations and even
different types of artistic taste and humour feel welcome. Art is incredibly
subjective, and what is offensive to one is not necessarily offensive to
others.
More Details:
Stabroek Marketplace does not allow items or listings that
promote, support or glorify hatred towards people or otherwise demean people
based upon: race, ethnicity, national origin, religion, gender, gender
identity, disability, or sexual orientation (collectively, “protected groups”).
We also prohibit items or content that promote organisations or people with
such views.
The following items are not allowed on Stabroek Marketplace:
Items that support or commemorate current or
historical hate groups, including propaganda or collectibles. Examples of hate
groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white
supremacist groups, misogynist groups, or groups that advocate anti-gay,
anti-immigrant, or Holocaust denial agendas.
Items that contain racial slurs or derogatory terms
in reference to protected groups.
Illegal Items, Items Promoting Illegal Activity and
Highly Regulated Items
We respect the law and expect Stabroek Marketplace sellers to
respect the law as well.
More Details:
Illegal items, items that promote illegal activity, and stolen
items are not allowed on Stabroek Marketplace. Neither are certain items that
are subject to complex legal regulations or registration systems. We require
sellers to follow all applicable laws for the items they list. Listings may be
unavailable for users in regions where the item is restricted to purchase or
sell.
While not exhaustive, examples of items which may be subject to
regulation include:
Native American crafts
Plants and seeds
Children's products
Food products
India Restrictions
Because Stabroek Marketplace is a global company,
it’s important to abide by the laws of the markets in which you are selling.
What is legal in one country may be illegal in another. All forms of illegal
activity are strictly prohibited, and listings may not facilitate or promote
illegal acts. Examples of listings facilitating illegal acts include
lock-picking or locksmithing devices, TV decoders, items designed to covertly
capture private data, and similar.
Unauthorised replicas or copies of items are prohibited on Stabroek
Marketplace. We consider counterfeit or unauthorised goods to be items that
imitate an authentic good, particularly by using a brand’s name, logo, or
protected design without the brand owner’s consent. Additionally, we may
consider up-cycled or re-purposed items, even if using authentic materials, to
be counterfeit if they are making use of a brand's name, logo, or protected
design without their permission. Examples of prohibited counterfeit or
unauthorised goods include replica luxury and non-luxury items like bags and
branded apparel.
Personal information may not be sold, for instance as part of a
data bank or mailing list. The sale of personal or government documents, such
as credit cards, identification cards, and licences is also prohibited.
Given associated regulations, lottery tickets, cryptocurrency mining rigs, and
current, exchangeable currency and postage may not be sold on Stabroek
Marketplace. We also prohibit the sale of financial instruments such as stocks,
bonds, and other securities. Handmade items containing any of these items in a
usable condition are also not allowed. Collectible postage or currency that
priced at less than 1,000 USD are allowed unless subject to legal or other
restrictions. Collectible currency may not be offered as 'unsearched' or as a
mixed lot of unknown contents.
Additionally, due to complex legal restrictions that vary by
location, Stabroek Marketplace does not permit the sale of real estate,
housing, or motor vehicles (for example: automobiles, motorcycles, boats,
travel trailers, etc.).
Internationally Regulated Items
Stabroek Marketplace provides a direct connection between buyers
and sellers around the world. If you buy or sell an item from another country,
or if you enter into a transaction with someone across international borders,
you are responsible for complying with laws and regulations of the country of
destination as well as your local laws.
More Details:
When buying and selling internationally, you should comply with
your local laws and be aware that other countries may have their own
restrictions. You might be prohibited from exporting or importing certain items
under international laws and regulations. Some transactions may require
licences, permits, or other documentation. If you have questions about how to
comply with the law, we recommend that you speak to a qualified professional.
When you use Stabroek Marketplace’s services, you are also
responsible for complying with economic sanctions and trade restrictions,
including those implemented by the Office of Foreign Assets Control
("OFAC") of the US Department of the Treasury. All Stabroek
Marketplace members must comply with our Sanctions Policy, regardless of
their location.
Stabroek Marketplace reserves the right to request that sellers
provide additional information, disclose an item's country of origin in a
listing, or take other steps to meet compliance obligations.
You should be aware that third-party payment processors, such as
PayPal, may independently monitor transactions for sanctions compliance and may
block some transactions as part of their own compliance programmes. Stabroek
Marketplace has no authority or control over the independent decision-making of
these providers.
Pornography and Mature Content
As a creative community, we tend to be fairly liberal about what
we allow on Stabroek Marketplace, but we draw the line at pornography. Beyond
that, we restrict mature content so that people who are offended by this kind
of material don't have to see it. If you are selling mature content, we ask
that you be respectful of differing sensibilities.
More Details:
Pornography of any sort is prohibited on Stabroek Marketplace,
whereas mature content is restricted.
Although pornography can be difficult to define, an item
generally qualifies as pornography when it contains printed or visual material
that explicitly describes or displays sex acts, sex organs, or other erotic
behaviour for the sole purpose of sexual arousal or stimulation. We also
prohibit used intimate items from being sold for these purposes.
We define mature content containing printed or visual depictions
of human genitalia, sexual activity or content, profane language, sexual
wellness items, violent images (within reason; see also Violent Items),
and explicit types or representations of taxidermy.
Not all
nudity is considered mature, and examples are listed below. If you find
yourself questioning whether your item is mature, then it is likely a good idea
to assume that it is mature content, and you should label it as such.
When deciding whether mature content crosses over the threshold
into pornography, we take into consideration the explicitness of depictions of
sexual activity or content.
Self-harm:
You may not offer goods or services, or post or upload Materials, that promote
self-harm.
Spam:
You may not use the Services to transmit unsolicited commercial electronic
messages.
Terrorist
organizations: You may not offer goods or services, or post or
upload Materials, that imply or promote support or funding of, or membership
in, a terrorist organization.
We may, at any time and without notice, remove any
Materials, and suspend or terminate your Account or your access to the Services
if you engage in activities that violate the letter or spirit of this AUP,
including activities outside of your use of the Services.
Stabroek Marketplace has the right, but not the
obligation, to monitor or investigate any Materials and your use of the
Services at any time for compliance with this AUP and the Stabroek Marketplace
Terms of Service, or any other agreement between you and Stabroek Marketplace
governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of this
AUP has occurred will be final and binding, and any action taken with respect
to enforcing this AUP, including taking no action at all, will be at our sole
discretion.
Stabroek Marketplace may modify this AUP, including
the list of Restricted Items, at any time by posting a revised version at https://www.Stabroek.gy/page/acceptable-use-policy/legal/aup.
By continuing to use the Services or access your Account after a revised
version of the AUP has been posted, you agree to comply with the latest version
of the AUP. In the event of a conflict between the AUP and the Terms, this AUP
will take precedence, but only to the extent required to resolve such conflict.
Capitalized terms used but not defined in this AUP shall have the meanings set
forth in the Terms.
If you feel that a user of the Services has violated
this AUP, please contact us at [email protected]
SANCTIONS AND EXPORT POLICY
You may not use any Stabroek Service if you are the subject of
U.S. sanctions or of sanctions consistent with U.S. law imposed by the
governments of the country where you are using Stabroek Services. You must
comply with all U.S. or other export and re-export restrictions that may apply
to goods, software (including Stabroek Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING
QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE STABROEKMARKETPLACE SERVICES AND ALL
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STABROEK
SERVICES ARE PROVIDED BY STABROEK.CA OR STABROEK.GY ON AN "AS IS" AND
"AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STABROEK.CA
/ STABROEK.GY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE STABROEK.CA / STABROEK.GY SERVICES OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STABROEK.CA
STABROEK.GY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY
AGREE THAT YOUR USE OF THE STABROEK.CA / STABROEK.GY SERVICES IS AT YOUR SOLE
RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, STABROEK.CA /
STABROEK.GY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. STABROEK.CA / STABROEK.GY DOES NOT WARRANT THAT THE STABROEK.CA
/ STABROEK.GY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE STABROEK.CA / STABROEK.GY SERVICES; ITS SERVERS OR ELECTRONIC
COMMUNICATIONS SENT FROM STABROEK.CA / STABROEK.GY ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, STABROEK.CA /
STABROEK.GY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF ANY STABROEK.CA / STABROEK.GY SERVICE OR FROM ANY INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY STABROEK.CA / STABROEK.GY SERVICE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use
of any STABROEK.CA / STABROEK.GY Service, or to any products or services sold
or distributed by STABROEK.CA / STABROEK.GY or through STABROEK.CA /
STABROEK.GY Services will be resolved by binding arbitration, rather than in
court, except that: (1) you may assert claims in small claims court if
your claims qualify and (2) if an applicable law in your province of residence
gives you the right to resolve your dispute or claim before the courts of that
province notwithstanding your agreement to arbitration, you may elect either to
do so or proceed in arbitration.
There is no judge or jury in arbitration, and court
review of an arbitration award is limited. However, an arbitrator can award on
an individual basis the same damages and relief as a court (including
injunctive and declaratory relief or statutory damages), and must follow the
terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a
letter requesting arbitration and describing your claim to our legal department
2770 Plymouth Dr, Oakville, ON, Canada. The arbitration will be conducted by
the American Arbitration Association (AAA) under its rules, including the AAA's
Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are
available at www.adr.org or by calling 1-800-778-7879. Payment of all filing,
administration and arbitrator fees will be governed by the AAA's rules. We will
reimburse those fees for claims totalling less than $10,000 unless the
arbitrator determines the claims are frivolous. Likewise, STABROEK.CA /
STABROEK.GY will not seek attorneys' fees and costs in arbitration unless the
arbitrator determines the claims are frivolous. You may choose to have the
arbitration conducted by telephone, based on written submissions, or in person
in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution
proceedings will be conducted only on an individual basis and not in a class,
consolidated or representative action. If for any reason a claim proceeds in
court rather than in arbitration we each waive any right to a jury trial.
We also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
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