Klonkers.com User Agreement

Thinking about Committing FRAUD Read This.

Use of Klonkers.com web site and the services we offer constitutes your acceptance of all terms and conditions stated in the below User Agreement.

Klonkers.com reserves the right to change or amend this agreement at any time. Changes or Amendments will be posted to our site and considered effective immediately from the date they are posted to the site. If you do not agree to such changes, you may request that we close your account by contacting us.

All questions regarding this User Agreement should be sent via email to User@klonkers.com

1. Eligibility / Registration
To use our services, you must be at least 18 years of age and be able to form or enter into a legally binding contract in accordance with applicable laws. If you are above age 13 you can use this service only in conjunction with and under the supervision of a parent or guardian who agrees to be bound by these terms. If you are eligible to use our services, you must complete the Registration process by providing Klonkers.com with true and correct information as required on the Klonkers.com registration form. If the information you provide is found to be false or non-verifiable, we may suspend or terminate your registration and account.

2.Klonkers.com serves only as a Venue
Klonkers.com is an Internet site on which registered users post ads offering merchandise which they possess and wish to sell in an open market environment. Registered users may also offer on or instant purchase such merchandise. At no time does Klonkers.com possess, hold, or offer any merchandise for sale nor are we involved in any part of the actual transaction. Klonkers.com serves only as a venue in which individual sellers and buyers may engage in transactions between each other. Because of our non-involvement in these transactions, it is the sole responsibility of the seller to accurately represent the quantity, quality, safety, authenticity, and availability of the items the seller has listed on the site. Furthermore, it is the responsibility of the buyer to verify with the seller any or all information about any item listed on Klonkers.com, for which they intend on making an instant purchase or placing an offer. Klonkers.com can not be responsible for a seller’s willingness or ability to sell any item they have listed, or a purchaser’s willingness to follow through with a transaction for an item(s) for which they have placed an offer. We encourage open communication between buyers and sellers before and after any transaction take place.

3. User Verification
Because of difficulties involved with verification over the Internet, Klonkers.com is unable to guarantee that a user is who they may claim to be. If you are uncertain as to another user’s identity, we suggest that you contact them. You may also review any member’s comments to see what others have said about dealing with them.

4. Disputes and Release
Because Klonkers.com has no involvement in transactions between users we can not get involved in disputes between users. You hereby release Klonkers.com (including all officers, employees, parent companies, contractors, suppliers, or agents) from any and all types of damages or claims resulting from such disputes.

5. Selling on Klonkers.com
By listing an item(s) for sale on Klonkers.com, you are stating that you have the intention and ability to sell the item(s). You furthermore state that any item(s) which you are offering for sale does not violate any local, state, or federal laws, regulations, or guidelines prohibiting the sale or distribution of your item(s).

Listings may consist of any one, or a combination of the following:

A detailed and accurate text description of your item

A picture which you supply of your item

A link to a picture (that you own or have rights to link to)

Listings may not contain items or information that:

Violate any state, local, or federal laws that prohibit the sale or distribution of your item.

Infringe upon any third parties, copyright, patent or trademark rights.

Falsely advertise, or misrepresent the merchandise being offered for sale.

You can not list under any circumstances any items that contain sexually explicit nature, anything that contain or describe sexual acts, nudity, pornography or child pornography.

By paying a listing fee to Klonkers.com, might cause us to violate any local, state, federal law, regulation or guideline.

If an Instant Purchase has been made on your listing(s) or an offer has been accepted you are obligated and agree to complete the transaction with the purchaser(s) as per the terms and conditions stated in your listing.

Sellers may not engage in the following activity:

Using a secondary UserID to place offers/instant purchase(s) on your own listing(s) for any reason.

Solicitors who have placed offers on a listing being run by another seller offering an item similar or identical to yours.

Listing an item in which you have a limited quantity available, and have also listed, at the same time, on another similar online market site.

Listing items which you do not have possession of at the time of listing unless this information is clearly stated within the items description.

6. Fees and Services.
Joining, instant purchasing and placing offers on items at Klonkers is free. We do charge a fee for listing items for sale through our Site and when you list an item you have an opportunity to review and accept the fees that you will be charged. We may change our Fees Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.


7. Offer and Purchase
As a purchaser, you are obligated to complete the transaction with the seller:

If you purchase an item through one of our asking price formats; or
if you have placed an offer on a listing and your offer is accepted by the seller, unless the transaction is prohibited by law or by this Agreement.

By using the Instant purchase feature or placing an offer on an item you agree to be bound by the conditions of sale included in the items description as long as those conditions of sale are not in violation of this Agreement or unlawful. Offers are not retractable except in exceptional circumstances, such as: when the seller materially changes the items description after you offer; a clear typographical error is made or you cannot authenticate the sellers identity.

9. Personal Information
Personal information is the information that you provide to Klonkers.com or to other members when:

Completing the registration process.

Listing an item.

Placing a offer/Making instant purchase

Leaving comments.

Posting messages in any forum/community area.

You are responsible for your personal information. In the event that your information creates a liability to us that may cause our Internet service provider, suppliers, agents, or contractors to sever their services to us because of such liability, we may take appropriate actions regarding such information.

The use of your information is explained in our current Privacy Policy.

10. Your Password
You may not disclose, share, or distribute your password to any third party. If you feel your password has been jeopardized, you may change your password at any time, and as often as you wish.

11. Public Chat Community
Klonkers.com provides public forums (herein referred to as "Community"); in which registered members may post messages and enjoy interacting with other registered members. These lobbys are provided as a courtesy to the Klonkers.com community. Klonkers.com is not responsible for the content posted in the community and may not agree with the views expressed therein.

The following types of posts or comments are considered unacceptable in any community on our site. Posting of such may result in the suspension of your ability to post in our community or the suspension of your Klonkers.com Account.

Posts that contain any code or programming routine that interferes with the stability of the site, or the ability of others to post messages in a community.

Posts that advertise items you have for sale.

Posts that contain profanity or that are defamatory in nature.

Posts that contain links to other online competitor sites.

Posts that contain adult pictures, material, or links thereto.

Posts that disclose personally identifiable information about another registered member.

Posts that are disruptive in nature, harass or threaten another member or Klonkers.com staff member.

Additional guidelines may be posted, and amended, regarding the use of our community chat.

12. Stability
Neither you nor any parties affiliated with, contracted by, or created by you may take any actions to interfere with or interrupt, the operation or stability of the Klonkers.com web site. This includes, but is not limited to, the use of any software, device, or programming routine that could place excessive loads on our system or interfere with any offer or listing on our site, or any users account or information.

13. Comments
Klonkers.com provides registered users with the ability to leave comments about their experiences in dealing with other registered users, through our comment system. The following actions regarding the use of the comment system are prohibited:

Threatening another user with poor comment for their refusal to perform actions not related to your transaction with that user or their failure to agree to terms and conditions of a purchase that were not stated in the original listing.

Leaving a comment that contains vulgarity or profanity.

Leaving a comment that discloses another user’s personally identifiable information.

Leaving comments that are poor in nature, through the selection of the excellent comment option.

Klonkers.com does not provid you with an opportunity to "Retract" a poor comment that you have left about another registered user. All comments placed are final.

In the event that your comment rating should reach the status of -4 (negative 4) your registration and account may be suspended.

It is expected that you will use the Comment system in a manner that upholds and maintains the integrity of the Comment System.

14. Privacy
Klonkers.com takes several steps to protect and prevent the misuse of the personal and private information you supply us. You may review our current Privacy Policy.

15. Notice
All notices given between both parties (You and Klonkers.com) will be made via email, certified mail, or registered mail. Notices we send you will be addressed to the email address which you provided during the registration process or currently have on file in your account with us. In these instances, unless the party sending the email is notified that the Recipients email address is not valid, such notices will be considered given 24 hours from the time the email is sent. Notices regarding changes to the terms and conditions of the User Agreement may be given by posting such changes to the site, and will be considered given and effective 30 days from the time of such posting.

16. Limitation of Liability - Non Warranty
IN NO EVENT SHALL Klonkers.com (INCLUDING OUR SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES) BE LIABLE FOR LOST PROFITS, REVENUES, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE.

THE SITE AND SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

17. Breach.
Without limiting other remedies, we may limit your activity, immediately remove your offer(s) or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

18. Indemnification
You agree to indemnify and hold harmless Klonkers.com, its officers, employees, parent companies, subsidiaries, contractors, vendors or affiliates, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Klonkers.com, the violation of this User Agreement by you, or the infringement by you or any other user of this site using your computer, of any intellectual property or other right of any person or entity.

19. Legal Responsibility
It is your responsibility to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your offer (s) on, listing, Instant purchase and sale of items through our site.

20. No Partnership / Agency
You and Klonkers.com act as independent contractors. At no time is any partnership, agency, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement.

21. Violation of User Agreement
We may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement. This includes the termination or suspension of any listing(s) you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination

The terms on the previous pages are incorporated in these terms by reference.

22. General
This Agreement and the terms and conditions herein, shall be governed by the laws of the State of New York. You further submit to the legal jurisdiction of the state of New York and agree that any legal action or proceeding regarding this Agreement, whether it be on a local, state, or federal level, shall be brought in New York, or a court within the jurisdiction of the state of New York.

23. Disclosure
The services herein are offered by Klonkers.com. Any Inquiries can be made to the following address:

User@klonkers.com
Klonkers
P.O. Box 17
Island Park, New York
11558-0017
U.S.A