END USER LICENSE AGREEMENT
Last updated April 7, 2021
Sellege is licensed to You (End-User) by Sellege Inc., located at 5, Seongsuil-ro 8-gil A-dong 1904-A Withzip Center, Seongdong-gu, Seoul, Republic of Korea (hereinafter: Licensor), for use only under the terms of this License Agreement. By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Sellege Inc., not Apple, is solely responsible for the licensed Application and the content thereof. This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Sellege Inc. acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them. All rights not expressly granted to You are reserved.
1. THE APPLICATION
Sellege (hereinafter: Application) is a piece of software created to provide a community platform to sell, buy, and communicate for college students. - and customized for Apple mobile devices. It is used to interact with user-generated content according to the users' needs..The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Sellege Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Sellege Inc.'s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Sellege Inc. and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7. YOUR USE OF OUR SERVICE
License to Use Our Service. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:
Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required; You may not use Sellege to list or sell items that violate any laws, to commit fraud, theft or any other crimes against Sellege, another Sellege User or a third party. Please review our Prohibited Items and Prohibited Conduct section for more details.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.
Items You Purchase. Sellege does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent sellers, so Sellege cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release Sellege from any claims related to items sold through our Service, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. Sellege is not responsible for the decency, accuracy, copyright compliance, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates Sellege’s Policies for internal review.
People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services, and you release us from all liability relating to your interactions with other Users. You may report Users who you believe are engaging in Prohibited Conduct so we may review their account.
Account Limitations. Sellege, may place limits or restrictions on your use of our Service due to your account activity, limited verified User information available or to enforce a regulatory limit. You may be required to complete certain actions on your account to remove that limitation.
Sellege is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will take every reasonable effort to ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.
8. PROHIBITED ITEMS
Sellege prohibits the listing or sale of any item that is set forth in the list of prohibited items. If a Seller lists a prohibited item, it will be deemed to be a violation of our Terms of Service regardless of whether the Seller acted intentionally or not. If Sellege determines that a listing is in violation or is otherwise inappropriate Sellege may, at its discretion, remove the listing and cancel any related transactions up to and including termination or suspension.
Sellege may not be used in connection with any product, service, transaction or activity that in general:
Violates any law or government regulation, or promotes or facilitates such action by third parties;
Is fraudulent, deceptive, unfair or predatory;
Causes or threatens to damage Sellege’s reputation;
Violates the terms of any bank, card or electronic funds transfer network;
Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability;
The list of Prohibited Items may be updated from time to time at Sellege’s discretion. Examples of items that fall under certain categories may also be expanded to provide better communication and context to our users.
Sellege may not be used to sell any of the following products or services:
Illegal drugs or narcotics
Prescription medicines or devices, pharmaceuticals, or behind the counter drugs
Products, tools, or services specifically offered or intended to be used to create or use drugs
Grow ingredients for drugs (such as seeds for cannabis plants)
FDA restricted items such as food, homemade food, food supplements, vitamins, diet products, muscle enhancers, home remedies and homemade cosmetics (any ingestibles):
Listings or items descriptions that offer miracle cures such as “anti-aging”, “cancer protection”
Listings that make false health claims or misuse terms (such as “virus”, "epidemic")
Items that contain cannabidiol (CBD)
Inflated prices where listings attempt to profit from tragedies and disasters (such as “paradise fire”, “coronavirus outbreak” etc)
Note: If a purchased item is reported as stolen, a demand for return may be received from the victim or another party, and the item may be confiscated according to the regulations of the Code of Criminal Procedure (Act no. 131 of 1948).
Counterfeit goods or goods infringing on a third party's intellectual property rights:
Listings of non-brand, non-genuine, imitation, fake, or replica
Items in violation of a copyright, including handmade, or other items with copyrighted characters, brand logos, etc.
Note: For brand-name products, serial numbers or receipts must be available when listing the item.
Firearms and firearm parts; including airsoft and bb guns
Knives such as switchblades, butterfly knives, knives that are concealed or hidden within other objects, or are made of materials that cannot be detected with a metal detector
Explosives or military ordinance
Self defense weapons
E-cigarettes, e-hookahs, or other vaporizing instruments that contain nicotine or are associated with tobacco or nicotine usage
Vaporizing liquid without nicotine
Items used for identity theft (such as account credentials, user login information, and/or account access codes)
Items not in your possession:
Advertisements or listings for objects being sought
Items you do not currently have that are on order
Coupons to purchase products
Items that are a safety hazard
Note: Flammable or combustible liquids and any other items that require special mailing or handling instructions must be sent using the ship on your own option.
Products designed to circumvent copyright protection techniques or otherwise facilitate the unlicensed use of copyright materials (such as "mod chips" to break the encryption on game computers to allow the playing of unlicensed game copies)
Age restricted products or products that require a legal approval, seller/buyer registration or licenses to be sold
Gambling, including using this service for raffles and mystery purchases
Financial products and services such as:
Bonds, securities, warranties and insurance
All currency in circulation of any denomination except collectibles
Precious metals including bullion or bars
Buying and selling gift cards or prepaid cards
Live animals or trafficked materials (such as ivory or shark fins)
Any item that contains a computer virus, malware, or spyware
Digital items - any items where the order is fulfilled electronically or requires a download (except for digital items listed specifically through Sellege GG). such as:
Ebooks, PDF files, user generated content (UGC) or items for online games
Humans, human body parts, organs, cells, blood, body fluids, and items that are soiled with human materials such as used underwear
Sexually explicit items such as sex toys and fetish items
Items, listings, photos or content that promote or glorify hatred, violence, racism or discrimination aren't allowed (determined at our discretion).
Note: Any item may be removed at the discretion of the company.
9. PROHIBITED CONDUCT
By using our Service, you agree to follow the rules and manners as included in our Terms and Conditions. By using our Service, you agree not to engage in the following Prohibited Conduct:
Using the Service for any illegal purpose or in violation of any local, state, national, or international law or regulation; violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
Posting, uploading, or distributing any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could consider objectionable, profane, indecent, pornographic, harassing, cyberbullying, threatening, embarrassing, hateful, offensive or otherwise inappropriate;
Communicating, posting, listing, or soliciting any items or engaging in any conduct that glorifies hatred, violence, intolerance or discrimination based on religion, sexual orientation, gender, race, or ethnic background.
Interfering with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law or regulation;
Interfering with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect, personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server; use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
Performing any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service Account without permission, or falsifying your age, date of birth or other information;
Selling or otherwise transferring the access granted under these Terms or any right or ability to view, access, or use any Material.
Sellege may take any of the following actions on an account that has violated our Policies or if Sellege suspects prohibited conduct has occurred:
We may contact Users or utilize a third party verification service to verify User Information.
Sellege may refuse a user access to or suspend a user from all or part of the Service until the completion of such verification.
Sellege may prohibit a user that is terminated for engaging in any prohibited conduct from using and accessing any future services provided by Sellege.
We may update our list of Prohibited Conduct from time to time. The following is a list of actions Sellege restricts users from participating in:
Having multiple Sellege accounts
Creating a new account after being limited or permanently banned
Creating a new account to bypass restrictions on another account
Listing a Prohibited Item
Creating multiple listings of the same item
Excessive reposting of previously listed items
Listing an item that is not actually for sale
Listing items without the intent to sell
Listing items with the intent to sell to certain users only
Using a stock or advertisement photo as the only image
Using photos that you do not own or have taken yourself
Using another member's photos or words without their consent
Listing an excessive amount of search keywords
Setting unrelated categories
Setting a false brand
Listings that do not specify size, color, quantity, etc.
Listings that require users to specify size, color, quantity, etc.
Listing in auction, raffle, or giveaway format
Listing free items for purchase
Listing another user’s personal information in a manner other than specified by Sellege
Listing a single product with the purchase price divided into multiple parts
Listing an item that promotes hatred, violence or discrimination
Soliciting users to an external website
Soliciting transactions to an external website
Soliciting users to provide personal information
Soliciting other users to list Prohibited Items or engage in Prohibited Conduct
Soliciting donations whether or not associated with a listing
Posting false information
Abuse of the invite credits system by offering independent rewards for users signing up
Actions for the intentions of dating
Do not hesitate to contact Sellege if you come across or are solicited for such actions.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
11.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the licensed Application.
11.3 Licensor takes no accountability and responsibility in case of If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. Sellege may participate in the dispute at its discretion. Sellege holds no liability to any disputes between Users, or between a User and a third party with regard to the service.
12.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
12.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Sellege Inc.'s sphere of influence that affect the executability of the Application.
12.3 If we confirm that the Application is defective, Sellege Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
12.4 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
12.5 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
13. PRODUCT CLAIMS
Sellege Inc. and the End-User acknowledge that Sellege Inc., and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:(i) product liability claims;(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
14. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
15. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
5, Seongsuil-ro 8-gil A-dong 1904-A Withzip Center, Seongdong-gu, Seoul, Republic of Korea firstname.lastname@example.org
The license is valid until terminated by Sellege Inc. or by You. Your rights under this license will terminate automatically and without notice from Sellege Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
17. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Sellege Inc. represents and warrants that Sellege Inc. will comply with applicable third-party terms of agreement when using licensed Application.In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
18. INTELLECTUAL PROPERTY RIGHTS
Sellege Inc. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Sellege Inc., and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
19. APPLICABLE LAW
This license agreement is governed by the laws of the United States excluding its conflicts of law rules.
20.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
20.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.