[Terms of Use]

Terms of Use

Welcome to Oswego NY Sells. By accessing this website, service, and/or any associated content (together referred to as "ONYS") you agree to the Terms Of Use ("TOU") (last updated March 31, 2018). If you are accessing or using ONYS on behalf of a business, that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use ONYS. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use ONYS.

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use ONYS and be bound by the TOU, or (2) use ONYS on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use ONYS in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from ONYL, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.

USE. ONYS is a community based online auction platform for Oswego, New York 13126 and the surrounding areas.  By participating in the use of ONYS, sellers are agreeing that they reside in or within 30 miles of Oswego, New York.  Persons outside the 30 mile range must request special permission to list items for sale by emailing admin@oswegonysells.com.  Sellers have the sole discretion of choosing to ship items they sell or have local pickup only options.  Sellers also have the choice of accepting Paypal payments or cash payments.  By participating in the use of ONYS, buyers agree that they will not bid and/or win items that they do not intend on picking up.  Buyers who do not pick up items will be immediately removed from ONYS permanently.  Out of town buyers agree to only bid on items that offer shipping or on items they have made other arrangements with the seller on delivery.  Out of town buyers who fail to complete the sale on a won item will be immediately removed from ONYS permanently.  ONYS has zero tolerance for shill bidding practices.  Users that participate in shill bidding will be immediately removed from ONYS permanently. You agree not to copy/collect ONYS content (which includes user data, listings, etc.) via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading and unlawful listings / accounts are prohibited.  You agree not to post content that is prohibited by any of ONYS's policies or rules referenced under ("Prohibited Content"). You agree not to collect ONYS user information or interfere with ONYS. You agree we may moderate ONYS access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.  Use of ONYS is done at your own risk.

LIQUIDATED DAMAGES. You further agree that if you violate the USE section, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting ONYS users' data, including personal or identifying information - $100 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of ONYS without that party's express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of ONYS - $1,000 per violation; (D) posting or attempting to post Prohibited Content - $10 per violation; (E) using ONYS user information to make/send an unauthorized/unsolicited text message, call, or communication to a ONYS user - $1000 per text/call/communication; (F) creating a misleading or unlawful ONYS account or buying/selling a ONYS account - $100 per violation; (G) aggregating, displaying, copying, duplicating, reproducing, distributing, or exploiting OS content for any purpose without our express written consent - $3,000 for each day you engage in such violations.  You agree that these amounts are (1) a reasonable estimate of our damages, (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal claim, including statutory damages and other equitable relief.  You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

FEES. You authorize us to charge your account for ONYS fees according to the fee schedule.  Fees are subject to change, it is the responsibility of ONYS users to look for updates on the fee schedule for selling and listing.  Fees are non-refundable, even for listings we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

DISCLAIMER & LIABILITY. To the full extent permitted by law, Oswego NY Sells, licensors, affiliates, and successors in interest ("ONYS Entities") (1) make no promises, warranties, or representations as to ONYS, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide ONYS on an "AS IS" and "AS AVAILABLE" basis and any risk of using ONYS is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with ONYS. ONYS Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to ONYS, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to ONYS ("Claims") will be governed by the internal laws of New York, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Oswego, NY.  You agree to (1) submit to the personal jurisdiction of courts in Oswego, NY; (2) indemnify and hold ONYS Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of ONYS; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

MISC. This is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you reasonably believe content infringes your IP rights, see oswegonysells.com/cr-p33.

PROHIBITED. Users must comply with all applicable laws, the ONYS terms of use, and all posted site rules.  Here is a list of goods prohibited on Oswego NY Sells.  This list is always subject to change / be updated, reference this list frequently.   Users who violate ONYS terms of use and listings of prohibited items will be immediately removed from ONYS permanently.

  • weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
  • ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
  • used funerary, gravesite items
  • recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing
  • prescription drugs, medical devices; controlled substances, paraphernalia and related items
  • alcohol or tobacco; unpackaged or adulterated food or cosmetics
  • child pornography; bestiality; offers or solicitation of illegal prostitution
  • pet sales, animal parts, stud service
  • endangered, imperiled and/or protected species and any parts thereof, e.g. ivory
  • cell phone services
  • false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
  • offensive, obscene, defamatory, threatening, or malicious listings
  • food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
  • stolen property, property with serial number removed/altered, burglary tools, etc
  • ID cards, licenses, police insignia, government documents, birth certificates, etc
  • US military items not demilitarized in accord with Defense Department policy
  • counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
  • lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
  • any goods that violates the law or legal rights of others

Please do not use ONYS for these purposes, and inform ONYS of anyone who is violating the terms of use or list of prohibited items by emailing inform@oswegonysells.com.

Oswego NY Sells Privacy Policy (updated March 31, 2018)

This policy details how data about you is used when you access our websites and services or interact with us. If we update it, we will revise the date, place notices on ONYS if changes are material, and/or obtain your consent as required by law.

1. Protecting your privacy

  • We take precautions to prevent unauthorized access to or misuse of data about you.
  • We do not run ads, other than the listings posted by our users to generate higher bids.
  • We do not share your data with third parties for marketing purposes.
  • Please review privacy policies of any third party sites linked to from ONYS.
  • Seller's are provided winning bidders only name, phone, and email upon them winning an item
  • Bidder's are provided with seller's name and email only for items they won.
  • When Paypal is utilized as the payment method, Paypal provides individual user data information as per their Paypal account (name, contact information, etc.). Consult Paypal for further information on information provided to buyer's and seller's when Paypal is used as payment made and received.

2. Data we use to provide/improve our services and/or combat fraud/abuse:

  • data you post on or send via ONYS, and/or send us directly or via other sites
  • credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
  • data you submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).

3.   Data we store:

  • We retain data as needed for our business purposes and/or as required by law.
  • We make good faith efforts to store data securely, but can make no guarantees.
  • You may access and update certain data about you via your account login.

4.  Circumstances in which we may disclose user data:

  • to vendors and service providers (e.g. payment processors) working on our behalf.
  • to respond to subpoenas, search warrants, court orders, or other legal process.
  • to protect our rights, property, or safety, or that of users of ONYS or the general public.
  • with your consent (e.g. if you authorize us to share data with other users).
  • in connection with a merger, bankruptcy, or sale/transfer of assets.
  • in aggregate/summary form, where it cannot reasonably be used to identify you.

International Users - By accessing ONYS or providing us data, you agree we may use and disclose data we collect as described here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers in the United States.

Thank you for helping keep Oswego NY Sells a safe and fun community based auction hub!

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