THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ("TERMS") ON WHICH TRASHBANK
OFFERS YOU ACCESS TO OUR SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY.
Welcome to Trashbank.com (“Trashbank”). We make all effort to make your
experience with Trashbank’s fast, exciting and convenient. We work hard to make
your experience in trading, buying and selling goods and services, prompt and
thrilling. Trashbank’s service is based on trust and understanding between our
clients, and this User Agreement and Terms of Service ("Terms of Service") help
promote the trust and understanding between you and other users of Trashbank.
You must read, review, agree with and accept all of the Terms of Service. By
accessing the pages or information contained on the Trashbank Website (“the
Site” or “our Site”) through any device or service, or by using the Service in
any matter, you accept and agree to be bound by these Terms of Service. You may
review these Terms of Service at any time by clicking on the Terms of Service
link at the bottom of any page.
Modifications of Terms: Trashbank reserves the right to make changes to its
WebSite, this Agreement, or the policies incorporated herein by reference, with
or without notice. Therefore, it is recommended that You regularly visit this
page and familiarize Yourself with the latest version of this Agreement. Your
continued use of our Site will signify Your acceptance of any revised Terms.
This Agreement may not be otherwise be amended, except in writing, signed by
you and Trashbank, LLC.
1. Eligibility: Trading, Buying and selling through Trashbank
is available only to individuals residing in the United States and Canada who
can form legally binding contracts under applicable law. This excludes in all
cases minors (people under the age of majority in their state or province of
2. Fees and Charges: Joining Trashbank, making cash offers or
trade offers on items or services (hereinafter “Item”) are free. However,
Trashbank charges fees for various Services offered through our Site. Our Fees
and Credits Policy is available at
http://www.Trashbank.com/Help/help.aspx?#fees&charges and is
incorporated herein by reference. Unless otherwise stated, all fees are quoted
in U.S. Dollars. You are responsible for paying all fees, including any and all
applicable taxes, associated with using our service and the Website. We may,
from time to time and in our sole discretion, change some or all of our
services, our Fees and Credits Policy and/or the fees for our services. Our
changes to the Fees and Credits Policy will be effective after we have provided
you with at least fourteen (14) days notice of the changes by e-mailing
notification of the changes to the e-mail address you provide at registration.
In the event we introduce a new service, the fees for that service are
effective at the launch of the service. Notwithstanding the foregoing, we may
choose to temporarily lower the fees for our services for promotional events
(for example, free listing days).
3. Venue Only: Trashbank is not involved in any transaction
between any parties who use Trashbank’s services. There are risks which You
assume when dealing with people who might be acting under false pretenses. You
agree that all of these risks are borne by You, and not Trashbank. Trashbank
does not control the behavior of the participants on the Website. Examples may
include, but not limited to: Trashbank cannot control whether or not Users of
Trashbank will complete the transactions they describe on the Website; You may
find other Users' information to be offensive, harmful, inaccurate, or
deceptive; We do not guarantee the accuracy of information provided by other
Users and made available through the Website. Please use caution, common sense,
and practice safe trading when using the Website. Please note that there are
also risks of dealing with foreign nationals, underage persons or people
otherwise acting under false pretense. IT IS EXTREMELY IMPORTANT THAT YOU USE
CARE THROUGHOUT YOUR DEALINGS WITH OTHER USERS ON THE SITE!
4. Use Restrictions: The Trashbank service may be used only
for lawful purposes. Transmission, distribution or storage of material or
conduct in violation of any applicable local, state, provincial, federal or
foreign law or regulation is prohibited. This includes without limitation any
unauthorized use of material protected by patent, copyright, trademark or other
intellectual property right; material that is obscene, defamatory or libelous;
constitutes an illegal threat, or violates rights of privacy or publicity; or
violates export control laws. You may use the information on the Website only
to the extent necessary to facilitate Trashbank related transactions. You agree
that you will not use any information you learn about any buyer/trader
(hereinafter “Buyer”), seller/trader (hereinafter “Seller”), or user of the
Website for any purpose other than necessary to complete a desired transaction.
5. Limited License: You agree to grant and hereby do grant
Trashbank a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right and license to exercise all
copyright and publicity rights You have, in any existing or future media, known
or unknown, in (i) Your User Information, (ii) the material or user data
displayed in Your listings, (iii) Your User ID, and (iv) the geographic
location and description of any item/service listed, traded, sold or bought by
You on the Website, to the extent that the exercise of such rights would not
6. Intellectual Property and Rights of Publicity: You agree
not to use the Website in any manner which violates, or proposes a transaction
which, if consummated, would violate the trademark, copyright, patent, trade
secret, trade dress, publicity or privacy rights or other proprietary rights of
Trashbank or any third party. You agree not to link to any third party's web
site or file on that web site without that party's permission. You agree that
You will not use any automatic or manual process to monitor or copy any portion
of the Website without Trashbank’s prior written permission.
7. Content Policy: Trashbank prohibits the transmission,
distribution or posting of unwanted or offensive content. Prohibited
transmissions include, without limitation, profane or sexually explicit
advertisements that include masked images or misspelled words, or images that
would be illegal in any U.S. or Canadian jurisdiction. It is your
responsibility to abide by the content policies outlined herein, and you agree
to comply with all requirements, legal or other.
Additional prohibitions include misleading offers that do not list the total
purchase price or a "bait & switch" of products, advertisements, the sale
or distribution of firearms, weapons or controlled substances, make-money fast
schemes, pyramid or chain letters, fraudulent or criminal offers, including,
but not limited to, registering an e-mail address other than your own, any
posting with the goal of harassment of another, sexual requests (including from
or to a minor), racial, ethnic or religious slurs or comments, harassment,
unsolicited advertising (whether commercial or informational) and unsolicited
e-mail or advertisements including, but not limited to, adult or dating
services placing advertisements.
Further, Trashbank prohibits the transmission, distribution or posting of any
matter which discloses personal or private information concerning any person or
entity, including, without limitation, phone number(s) or addresses, credit
and/or debit cards, calling card, User account numbers/ passwords or similar
financial information, and home phone numbers or addresses. Even though all of
this is strictly prohibited, there is a small chance that Your information
might be exposed in this manner and You expressly waive Your right to any
damages from Trashbank related to such exposure.
8. Listing Restrictions: Trashbank prohibits the listing or
sale of any Item that is illegal to, trade/sell (hereinafter “Sell”) under any
applicable law, statute, ordinance or regulation including, but not limited to,
9. Making a Trade/Cash Offer: If you make a trade offer and
the offer is accepted, you are obligated to complete the transaction with the
other party unless (i) the transaction is prohibited by law or this Terms of
Service; (ii) the seller/trade approver materially changes the Item's
description or the Item does not conform to the Seller's description; or (iii)
a typographical error exists in the listing information. An offer to trade may
be retracted at any time prior to acceptance for any reason. You are also
responsible for payment of the transaction fee as set forth in the Fee &
Charges section. Please refer to
http://www.Trashbank.com/Help/help.aspx?#Fees&Charges for more
Animals or Wildlife Products
Charity or Fundraising Listings
Current Issues of Catalogs
Contracts and Tickets (unless allowed to be sold pursuant to all applicable
federal, state, and local laws)
Counterfeit Currency and Stamps
Copyrights or Trademarks
Drugs and Drug Paraphernalia
Embargoed Goods and Goods from Prohibited Countries
Food (other than packaged food meeting all applicable federal, state, and local
guidelines and standards)
Government IDs and Licenses
Hazardous, Restricted, and Perishable Materials
Human Parts and Remains
Mailing Lists and Personal Information
Multi-level Marketing, Pyramid and Matrix Programs
Plants and Seeds
Satellite and Cable TV De-scramblers
Stocks and Other Securities
Used Medical Devices
Weapons & Knives
10. Accepting a Trade/Cash Offer: If you accept a trade offer,
you are obligated to complete the transaction with the other party unless (i)
the transaction is prohibited by law or this Terms of Service; (ii) the
buyer/trade requester (hereinafter “Buyer”) materially modifies the terms and
conditions of his trade offer; or (iii) a typographical error exists in the
listing information. An offer to trade may be retracted at any time prior to
its acceptance. You are also responsible for payment of the transaction fee as
set forth in the Fee & Charges section. Please refer to
http://www.Trashbank.com/Help/help.aspx?#Fees&Charges for more
11. Buying: Buying Item is an optional feature at Trashbank.
When You use BuyNow option to buy an Item, You are obligated to complete the
transaction with the other party unless, unless (i) the transaction is
prohibited by law or this Agreement, (ii) the Seller materially changes the
Item's description or the Item does not conform to the Seller's description, or
(iii) a typographical error exists in the listing information which materially
affects the terms of sale.
12. Selling: You must have the legal authority to sell the
goods that You are listing for sale on our Site. You must describe Your Item
and all terms of sale in Your listing. If someone buys your Item, You are
obligated to complete the transaction with the other party unless (i) the
transaction is prohibited by law or this Agreement, or (ii) a typographical
error exists in the listing information which materially affects the terms of
sale. You are also responsible for payment of the transaction fee as set forth
in the Fee & Charges section. Please refer to
http://www.Trashbank.com/Help/help.aspx?#Fees&Charges for more
13. User Profile: Your profile includes transaction history
information, comments from other users and level of service ranking information
. Any action designed to undermine the system and to alter your profile or the
profiles of others is strictly prohibited. Your profile information is intended
solely to facilitate trading on Trashbank and you agree not to export or market
your profile information or the profile information of other users in any other
14. Violation: If Trashbank, in its sole discretion,
determines that a violation of the Terms of Service has occurred, Trashbank may
pursue any of its legal remedies, including, but not limited to, the filing of
a complaint, the immediate deletion of any offending material from the Website,
cancellation of Your account and /or the exclusion of any person(s) who may
have violated any Terms. Trashbank shall cooperate with any investigation by
any Federal, State, or local body or any court or tribunal. Such cooperation
may be without notice to You. If Trashbank believes in its sole discretion that
any listing may create liability for Trashbank, Trashbank may take any actions
that it believes are prudent or necessary to minimize or eliminate its
potential liability, including, but not limited to, releasing User information
and/or filing a report with the appropriate authorities. In sum, Trashbank
reserves the right to refuse service to anyone at any time, and to remove any
listings or any advertisements for any reason, and without notice.
If there is a dispute between Users of the Site, Trashbank is under no
obligation to become involved. In the event that You have a dispute with one or
more Users, You hereby release Trashbank, Trashbank, LLC, their officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our service. If You are a California
resident, You waive California Civil Code Section 1542, which says "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which, if known by
him must have materially affected his settlement with the debtor."
Notwithstanding the foregoing, Trashbank may investigate reports of abuse or
misuses and, if appropriate, limit or prohibit Your use of the Site or modify
Your user profile to reflect its determinations. Trashbank, however, will not
take any other action with respect to a complaint and will not make
determinations that will exempt any party from concluding a particular
transaction. That determination may only be made by a court of competent
jurisdiction or a mutually acceptable third party. All determinations are final
and are made at the sole discretion of Trashbank. In agreeing to these Terms of
Service, You agree to participate in investigations and be bound by Trashbank's
determination. There are three steps in our Offenses and Enforcement Policy.
1. Reporting of the Offense - In order for an offense to be
investigated, it must be reported to Trashbank. Users may file reports if they
fall victim to, or are aware of, any enforceable offenses. In addition,
Trashbank reserves the right to initiate investigations even in the absence of
The first two violations will result in warnings. Trashbank will send an email
to the address provided by You at registration to notify that you have
committed a Violation and we have placed a mark on your account. A third
offense will result in the permanent suspension of your account.
2. Investigating the Offense - Once a report has been filed,
the details will be investigated by Trashbank. Several factors will be looked
at to determine the legitimacy of the report and level of offense before
enforcement. If the report and/or response warrants it, additional proof or
information may be requested from all involved parties.
3. Enforcing the Offense - Offenses fall into two categories:
(a) Violations, and (b) Zero Tolerance. If an offense is determined to be a
violation, Trashbank will issue a warning on the first and second offenses, and
a third offense will result in the permanent suspension of the user account. If
a User commits a Zero Tolerance offense, the User account will be revoked
immediately. It is important to note that, if a User's account is suspended,
Trashbank will not refund any fees paid to it by the User. When Your account is
suspended, You will not be able to perform any transactions in the Trashbank
community as either a Buyer or a Seller, Your listings will be removed from the
Site, and any ongoing negotiations You may have will be cancelled. Any party
with whom You are engaged in an ongoing negotiation at the time of Your
suspension will be notified via email of Your suspension.
Examples of Violations:
Examples of Zero Tolerance offenses:
Nonpayment or failing to deliver a traded/sold product from a closed
transaction. At any time during the negotiation process, You may
walk away from the transaction without penalty, provided an offer has not been
accepted. Once the Buyer or Seller accepts an offer, the transaction is
complete, and a binding agreement is formed. Failure of the Buyer or Seller to
fulfill his or her portion of the agreement constitutes a violation.
Failure to pay transaction fees. In order to Sell an Item on
Trashbank, you must provide a valid credit card for the collection of listing
and final transaction fees. If the credit card number is incorrect, or if the
credit card has expired, resulting in failure to pay fees, such failure
constitutes a violation.
Violation of Content Policy. Listing a "prohibited" Item on
the Trashbank system will result in the prompt removal of the listing, as well
as a Violation on Your account. It is important to note, however, that if the
Item is in blatant disregard of our Terms of Service (for example: drugs), the
listing may be considered a Zero Tolerance offense and will be handled
accordingly (see below).
Misrepresentation of an item for sale. Item listings should
clearly represent and display the actual Item that the Buyer is negotiating
for. A violation will be recorded against Sellers who misrepresent an Item,
falsify information in a listing, deliver Items other than what is listed, Sell
copies or fakes of original Items, or in any way Sell an Item to the Buyer
under the pretense that it is something else.
Providing incorrect or outdated Contact Information. Contact
information must be valid in order to perform transactions on Trashbank.
Providing incorrect information will result in a Violation. If your contact
information changes (if you move, etc.), please update your Contact Information
as soon as possible to avoid a Violation.
Using someone else's User ID. Using another user's ID, for any
purpose, constitutes a Violation. Performing transactions under someone else's
ID, using another ID to help build your rating, "stuffing" the queue to
misrepresent the demand of your Item, or using another User's ID to attack or
leave negative ratings on other Users are all examples of Violations.
User Rating Threat/Extortion/Solicitation. The User Rating
system has been put into place as a reference base for other Users to determine
how a User performs transactions within the Trashbank community. Threatening
other Users with negative ratings unless they comply with certain demands,
prices, etc. is a Violation of the system. Additionally, selling, trading or
exchanging positive ratings in any way outside of normal function will not be
tolerated. Ratings are to be left as an accurate, honest depiction of how You
felt the User behaved in the negotiation.
Using Trashbank system for advertising, solicitation or "SPAM" lists.
Trashbank is an online marketplace for Traders, Buyers and Sellers to trade,
move and purchase products in a more efficient manner. Use of listings for the
purpose of advertising, solicitation of services or any other purpose not
related to Trashbank is a Violation.
Misuse or abuse of other users' personal information. Trashbank
prides itself on maintaining our Users' privacy. Publishing, selling,
exchanging, distributing or using another User's personal information in any
way outside of completing the transaction is a Violation. Additionally,
contacting another User for any purpose outside of the closing of a transaction
is a Violation. For further information regarding this, please see our Privacy
Use of profanity in listings or communication. Trashbank
routinely checks listings for profanity and other questionable content.
Profanity will not be tolerated in the Item listing, the Ask a Question portion
or in communications between Buyers and Sellers or with Trashbank. Profanity in
any of the above listed forms will result in a Violation being placed on your
account, and may also result in the removal of your listing. It is important to
note, however, that if the use is extreme, defamatory, or contains racial or
ethnic slurs, hate messages, etc., it will be considered a Zero Tolerance
offense and be enforced accordingly. (See below)
Creating a new User account to escape bad reputation or after being
indefinitely suspended. The ratings and violations systems have
been put into place to help other Users see how You do business online. Any
attempt to deceive Users are Violations.
Wrongful accusations against other Users within the Trashbank community.
False accusations and misrepresentations in reporting of offenses by other
Users will not be tolerated by Trashbank, and are Violations by the reporting
Zero tolerance offenses are the most serious offenses in the Trashbank
community. If, after investigation, it is determined that the reported offense
is a Zero Tolerance offense, permanent suspension of your account will go into
Please note that every case is different, and Trashbank will take each reported
account into consideration during the investigation process before making a
decision. Violations and Zero Tolerance offenses are not limited to the
above-listed offenses. If an offense has been investigated that does not fall
into any pre-defined category, Trashbank reserves the right to suspend any User
or remove any listing.
Under age users. Minors (people under the age of majority in
their state or province of residence) are not eligible to use our services.
Violation of this policy is a Zero Tolerance offense, and your account will be
suspended immediately. When you reach the age of majority, however, you will be
permitted to rejoin Trashbank.
Representing as a Trashbank or Trashbank, LLC employee. Any
attempt to represent yourself in any way as an employee of either Trashbank or
Trashbank, LLC is a Zero Tolerance offense.
Intentional use of false contact information (including credit card
information, addresses, and inactive email accounts). In order to
transact in the Trashbank community, you must provide accurate, valid contact
and billing information. Intentional failure to do so will result in the prompt
removal of your account.
Use of slanderous remarks, hate messages, racial or ethnic slurs, or other
defamatory remarks. Any use of the aforementioned in descriptions,
Ask a Question, email correspondence between the Buyer and Seller or with
Trashbank will not be tolerated.
Threats of bodily harm, extortion or blackmail. Any such
threats will result in the immediate permanent suspension of the offending
Interfering with Trashbank Site or operations. Any attempt to interfere with,
cause damage to, or in any way abuse or violate the security and integrity of
the Trashbank system is a Zero Tolerance offense. Additionally, Trashbank may
report such activity to the appropriate law enforcement authorities.
Failure to participate in the reporting and investigation process.
Failure to respond in a timely fashion to a notice that an investigation that
could result in the temporary or permanent suspension of your account is a Zero
Tolerance offense and your account will be suspended permanently.
Please note that other than noting violations and/or temporarily or permanently
suspending an account, Trashbank will not take any other action. Under no
circumstances will we attempt to avoid a sale or compel its completion. These
remedies are only available through a court or other mutually acceptable third
15. DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF THE
SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND ON AN
"AS AVAILABLE" BASIS. Trashbank EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
Trashbank MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS,
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS
FREE; NOR DOES Trashbank MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED FROM THE SERVICE.
USER UNDERSTANDS AND AGREES THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR
GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK
AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM
Trashbank OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
16. LIMITATION OF LIABILITY: USER AGREES THAT NEITHER
Trashbank NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA OR ARISING
FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Trashbank
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER AGREES THAT
Trashbank SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR
INTENTIONAL, INADVERTENT OR ADVERTENT. USER AGREES THAT Trashbank SHALL NOT BE
RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY
THIRD PARTY. In no event shall Trashbank total liability to You for all
damages, losses, and causes of action exceed the amount paid by You to
Trashbank, if any, that is related to the cause of action.
Some jurisdictions do not allow the limitation or exclusion of warranties or of
liability for incidental or consequential damages so some of the above may not
apply to You.
17. Indemnity: You agree to defend, indemnify and hold
Trashbank and (as applicable) its officers, directors, employees, agents,
parents, subsidiaries, partners and affiliates harmless against any and all
claims made by or liabilities to any third party resulting from any activities
conducted under Your Account, Your use or misuse of the Site, including, but
not limited to, posting content on the Website, entering into transactions with
other Website users, contacting others as a result of their posting(s) on the
Website, infringing a third party's intellectual property or other rights,
failing to deliver goods or payment to other Website users or otherwise arising
out of Your breach of any Terms of this Agreement.
18. Arbitration: Trashbank is not liable under this Terms of
Service for any injury you may suffer or allege to suffer as a User of this
Site. In the event, however, that you wish to assert any claim against
Trashbank for any purpose whatsoever, you expressly agree that such dispute
will be brought exclusively pursuant to the rules of the American Arbitration
Association and will take place in Grand Rapids, Michigan.
19. User Information: "User Information" is defined as any and
all data You provide to Trashbank or other Users during the registration, trade
offer and user ranking process, and through any interactive feature of the
system, including email. You represent and warrant that your User Information
(a) is not false, inaccurate or misleading; (b) is not fraudulent and does not
involve the sale of counterfeit or stolen Items; (c) does not infringe any
third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) does not violate any law,
statute, ordinance or regulation (including without limitation those governing
export control, consumer protection, unfair competition, anti-discrimination or
false advertising); (e) is not defamatory, libelous, unlawfully threatening or
unlawfully harassing; (f) is not obscene and does not contain child
pornography; (g) does not contain any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information; (h) does not create liability for us
and will not cause us to lose (in whole or in part) the services of our ISPs or
other suppliers; and (i) does not link directly or indirectly to another web
site. Furthermore, you may not list any Item on the Site (or consummate any
transaction that was initiated using our service) that, by paying to us the
listing fee or the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation, or that violates our current listing
20. Limited License to Use Certain Information for Marketing and Promotion:
You hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable,
sublicenseable (through multiple tiers) right to exercise all copyright and
publicity rights, in any existing or future media, known or unknown, over the
material or user data displayed in Your listings, including your User ID, and
geographic location, and description of an Item listed, traded, sold or bought
by you on the Site to the extent that the exercise of such rights would not
21. Others' Information: You agree not to make use of anyone
else's User Information other than as necessary to complete any Trashbank
transactions in which You and the subject of the User Information are involved.
22. No Agency: There is no agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between Trashbank and
any User of the service.
23. Notice: Any notice to You or to us shall be made by either
e-mail or regular U.S. First Class mail. Our address is: 306 Ridge Road
Lyndhurst NJ 07071. We may also give notice of changes to these Terms or other
matters related to Trashbank by displaying notices to Users on the Site.
24. Language of these Terms of Service: It is the express wish
of the parties that this document and any related documents be drawn up and
executed in English.
25. General: The failure of Trashbank to exercise or enforce
any right or provision of these Terms shall not constitute a waiver of such
right or provision. If any provision of these Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of these Terms shall remain in full
force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the service or the these
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or
Please help us keep the Trashbank site an enjoyable experience for all Users.
Welcome to Trashbank.com (“Trashbank”). To place banner advertisements on
Trashbank you ( or “the Advertiser”) must read, review, agree with and accept
placing banner advertisements on the Trashbank Website (“the Site” or “our
Site”) through any device or service, you accept and agree to be bound by these
Modifications of Terms: Trashbank reserves the right to make changes to
the Site, this Agreement, or the policies incorporated herein by reference,
with or without notice. Therefore, it is recommended that You regularly visit
this page and familiarize Yourself with the latest version of this Agreement.
Your continued use of our Site will signify Your acceptance of any revised
Terms. This Agreement may not be otherwise be amended, except in writing,
signed by You and Trashbank, LLC.
1. Payment: Initial payment is due at the time You upload Your banner
advertisement to Trashbank. The Advertiser assumes full responsibility for
paying for the ad. The Advertiser shall pay all charges in U.S. Dollars.
The Advertiser acknowledges and agrees that any credit card and related billing
and payment information that the Advertiser provides to Trashbank may be shared
by Trashbank with companies who work on Trashbank's behalf, such as payment
processors and/or credit agencies, solely for the purposes of checking credit
and effecting payment to Trashbank.
Once a banner ad is submitted and posted, there will be no refund of payment
(full or partial). No refund will be issued for the unavailability of services
including unavailability of servers or networks. No refund will be issued if
Trashbank removes a banner advertisement or terminates an Advertiser's account
(see section 2. Banner Advertisement Content and section 4. Termination
of Advertiser's Account below).
2. Banner Advertisement Content: All banner advertisements are subject
to Trashbank's content standards. The Advertiser acknowledges that the sole
obligation of Trashbank is to display an advertisement from the Advertiser
which conforms to the specifications set out in Banner Help section of the
Banner images must be GIF or JPG image files. Trashbank will render the banners
in 120 pixels x 60 pixels (w x h). If You upload a banner image not in these
dimensions, Trashbank will proportionally scale Your banner image closest to
120 x 60. Trashbank is not responsible for the quality of the visual appearance
of the banner ad.
Once a banner ad is posted its content, format, and bid price are locked for
thirty days and will not be changed. Requests to change the content or
appearance of ad must be submitted in writing to firstname.lastname@example.org. Any
changes to the content or appearance of an ad and the timing of those changes
are at the sole discretion of Trashbank.
Trashbank will determine acceptable content for banner advertising and reserves
the right to remove any banner ad at any time if it deems the content to be
unacceptable. Unacceptable content includes but is not limited to:
At any time, at its sole discretion, Trashbank may discontinue running Your
ad(s), for any reason including without limitation, if Trashbank judges that
Your ad(s) do not meet Trashbank's content standards or would be potentially
actionable. This right to remove an ad does not constitute endorsement of any
ad that is accepted by Trashbank, nor does it constitute a warranty that
Trashbank will continue to run an ad once posted.
banner ads which contain material that infringes the rights of others
(including but not limited to copyright and other intellectual property rights)
or which promote copyright piracy (i.e., unauthorized MP3s, roms, 'warez',
emulators, or cracks, etc.)
banner ads with pornography, adult content, sexual or erotic material or banner
ads that contain links to such content
banner ads with gratuitous displays of violence, obscene or vulgar language,
and abusive content or content which endorses or threatens physical harm
banner ads promoting any type of hate-mongering (i.e., racial, political,
ethnic, religious, gender-based, sexuality-based or personal, etc.)
banner ads that participate in or transmit inappropriate newsgroup postings or
unsolicited e-mail (spam)
banner ads promoting any type of illegal substance or activity (i.e., how to
build a bomb, hacking, 'phreaking', etc.)
banner ads with illegal, false or deceptive investment advice and money-making
banner ads that provide incentives of any nature to require or encourage users
to click on paid links and ad banners (i.e., charity, sweepstakes, etc.)
banner ads with any type of content reasonable public consensus deems to be
improper or inappropriate.
3. Banner Advertisement Positioning: The specific positioning of the
banner advertisement will be as determined by Trashbank according to the rules
set out in Banner Help section of the Site and at Trashbank's sole discretion.
The ads from the 30 highest offers will be rendered into 30 reserved spots of
the ad space. These 30 ads are presented in order by price, starting with the
ad with the highest bid price and time posted. Ads with bids not in the top 30
are randomly generated and are displayed in the 10 slots below the reserved
spots at each page refresh. Your ad's position will adjust in accordance with
the posting and expiration of other people's ads.
At the time a banner ad is submitted Trashbank will inform You of the ad's
position at that moment in comparison with other posted ads in that category.
This information is approximate. Because this advertising system is dynamic,
the banner position in the final review prior to submission is not guaranteed.
If another Advertiser submits a higher or equal bid during the time You execute
the final submission step, Your banner position will be adjusted accordingly.
Trashbank reserves the right to change ad positioning rules at any time and is
not obligated to inform the Advertiser.
Trashbank offers no guarantee of the frequency of display of banner ads
allocated to the random spot category. The display sequence of random banner
ads is generated randomly and not on an equal timed rotation.
Trashbank will issue no refunds on the basis of banner ad placement.
4. Termination of Advertiser's Account: Trashbank reserves the right to
terminate the participation of any Advertiser without reason but expressly
including any Advertiser that Trashbank judges to be in violation of the Terms
5. Indemnification: Trashbank shall not be in default or otherwise
liable for any delay or failure in its obligations hereunder that result from
force majeure circumstances beyond its reasonable control, including without
limitation any delay or non-performance due to Acts of God, civil unrest,
strikes or labor disputes, acts of any government body, the elements, or other
cause beyond the control of Trashbank.
Trashbank shall not be held liable for any claims, losses, costs, expenses,
damages or loss that may occur from the unavailability of the services
(including unavailability of servers or networks) whether foreseeable or not
and whether arising form any act or omission on the part of Trashbank or
howsoever arising from the use of the services.
Trashbank shall also not be held liable for any claims, losses, costs,
expenses, damages or loss that may occur a result of any errors, inaccuracies
or omissions in respect of any entry whatsoever. The Advertiser is to be solely
responsible for the accuracy and contents of their own Ads.
Trashbank makes no warranty or representation in respect of, nor does it
endorse any product, service or other matter whatsoever appearing the Ads.
The Advertiser shall keep Trashbank indemnified in full and at all times
relating to any contaminated file, virus, worm or Trojan horse originating from
the Ad, its content or any linked area.
The placing of an order for the insertion of an ad shall amount to an
acceptance of the above conditions.
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2005-2006. All Rights Reserved.