Homeschool Buy Selling Rules
www.HomeschoolBuy.com (“Homeschool Buy” or ”Website”) is owned and operated by its parent company, The Old Schoolhouse Magazine, LLC (“TOS”). For purposes of the Homeschool Buy Selling Rules (“Selling Rules”), “User” means and includes any person or entity accessing or using Homeschool Buy. The Selling Rules apply to all Users, all auctions, offers, listings and sales (“Listings”) and all items, goods or services (“Items”) posted, offered, sold or Listed on Homeschool Buy.
Selling Rules Part 1: General Rules
SR 1.01 Purpose and Applicability. The Selling Rules are part of and incorporated into the Homeschool Buy User Agreement (“User Agreement”). Use of Homeschool Buy constitutes a representation, warranty and agreement that the User has read, understands and agrees to be bound by all portions of the User Agreement. Homeschool Buy and TOS have implemented the Selling Rules to explain the general rules governing Users who wish to offer, list, transfer or sell Items on and through Homeschool Buy (“Sellers”). Users accept full liability and responsibility for Listings originating from or posted by Users accessing their IP addresses and personal accounts. The Selling Rules apply only to Homeschool Buy and do not apply to any person, entity, organization, or website to or from which Homeschool Buy links or is linked, including without limitation other websites owned and operated by TOS. Users are strongly encouraged to read and review posted rules and policies on all websites, whether or not owned by TOS or affiliated with Homeschool Buy. Defined terms used but not defined in the Selling Rules have the meanings given elsewhere in the User Agreement.
SR 1.02 “Empty,” “Ad” or “Wanted” Listings. Listings must offer an actual Item for sale. Sellers may not post, link to or create Listings which actually or apparently have the primary purpose of (a) advertising, offering or describing Items for sale on another website or through another location, website or business, (b) directing Users to another website, store or location, (c) expressing the personal views or opinions of the Seller, with the exception of personal views and opinions included in the Item description portion of the Listing and directly related to the Listed Item, (d) requesting or seeking to purchase or locate Items, (e) offering to barter or trade Items for other Items (instead of monetary payment), and (f) Listing Items of a nature that cannot be verified or physically received by the successful Buyer (e.g.: an “imaginary friend” or “my friendship”). Listings which offer Items for sale with instructions for interested Buyers to contact the Seller about additional Items or which advertise or express a desire to locate, purchase, barter or trade Items, are not permitted. Violation of this or any other portion of the User Agreement may result in suspension, termination or deletion of Listings and User accounts along with other consequences and penalties.
SR 1.03 Restricted and Prohibited Items. Listings must comply with the Homeschool Buy Restricted Items Policy, may not promote, offer or otherwise attempt to sell or transfer Prohibited Items and must comply with all rules, policies, procedures and practices relating to and governing Restricted Items.
SR 1.04 Categories. Homeschool Buy offers a variety of Listing categories to help Users identify and locate Items and Listings. Items and Listings must be identified using one (1) or more appropriate categories. Listings placed in or identified by inappropriate or inaccurate categories may be moved, edited, cancelled, ended, terminated or deleted at the sole discretion of Homeschool Buy and TOS. Homeschool Buy and TOS reserve the right to move, edit, cancel, end, terminate or delete any Listings at any time. Sellers are not entitled to refunded Fees for Listings moved, edited, cancelled, ended, terminated or deleted due to inclusion in inappropriate or inaccurate categories or other violations of the User Agreement. Violation of this or any other portion of the User Agreement may result in suspension, termination or deletion of Listings and User accounts along with other consequences and penalties.
SR 1.05 Contact Information. Sellers must provide complete, accurate contact information in all Listings. Complete, accurate contact information means, at a minimum, a valid user identification name, e-mail address and sufficient additional information to enable Buyers to pay for purchased Items in a timely manner. Listings accompanied by inappropriate, inaccurate or incomplete Seller contact information may be cancelled, ended or terminated. Sellers are not entitled to refunded Fees for Listings cancelled, ended, or terminated due to inappropriate, inaccurate or incomplete Seller contact information. Failure to provide complete, accurate contact information may also result in suspension or termination of the Seller’s account and other penalties.
SR 1.07 No Yelling. Use of ALL CAPS is “yelling” in Internet and message board etiquette and is considered rude. Please limit use of capitalized terms and do not post Item titles, descriptions or other messages in all-caps format and follow other standard forms of Internet etiquette.
SR 1.08 Appropriate Business Practices. Sellers must engage in appropriate, honest business practices and behave according to reasonable commercial standards of good faith and fair dealing. Failure to act pursuant to these rules may result in cancellation or termination of Listings, suspension or termination of the Seller’s personal account and other consequences or penalties. Inappropriate behavior includes, without limitation, (a) any behavior which, in the sole and absolute discretion of Homeschool Buy and TOS, violates the User Agreement, (b) charging unreasonably high shipping or handling costs or “hidden fees,” (c) engaging in fraud, misrepresentation or deceit, including without limitation stating that an unsold Item is “sold” or ending a Listing early in order to avoid taking a low offer.
SR 1.09 No Unreasonable Tying. “Tying” means Listing Items on terms which require prospective Buyers or recipients to purchase other Items in order to receive the offered Item. Sellers may not tie Items in an unreasonable or unfair manner. Related Items may be bundled in a reasonable manner and on reasonable terms. For example, a teacher’s manual may be bundled with or tied to the accompanying student workbook, but not to an unrelated product like a sweater. Homeschool Buy and TOS reserve the sole, discretionary right to determine whether Sellers are engaging in unreasonable tying.
SR 1.10 Comments and Feedback. Users may post short, appropriate comments and feedback about other Users and experiences with specific transactions on appropriate portions of Homeschool Buy. Comments and feedback should be used to provide other Users with relevant information about other Users and transactions which have occurred on Homeschool Buy. Users who post false or misleading comments and feedback may be liable for legal damages. False or misleading comments and feedback may also result in suspension or termination of User accounts and other penalties. Comments and feedback must be posted in appropriate places and limited to specific, accurate discussion of specific issues, transactions or Listed Items. Users accept sole liability and responsibility for comments and feedback posted on Homeschool Buy originating from or posted by Users accessing their IP addresses and personal accounts. Inappropriate or inappropriately posted comments and feedback may be deleted and may result in legal and disciplinary action. Homeschool Buy and TOS are not “content providers,” do not control and accept no liability or responsibility for comments and feedback left by Users or third parties.
SR 1.12 No Circumvention of Policies or Fees. Users may not use or attempt to use any software, hardware, business practice, system or technique to avoid or reduce Fees due or payable to Homeschool Buy, to circumvent the User Agreement or to avoid complying with any posted rule, policy, procedure or practice of Homeschool Buy. Users should carefully review the Homeschool Buy SPAM and Unsolicited Contact Policy, which contains additional terms relevant to this paragraph. Forbidden practices include, without limitation:
(a) Creating Listings which violate the User Agreement, including without limitation Listings which offer or advertise Items for sale outside of Homeschool Buy. Listings may not directly or indirectly link, refer to or promote a Seller's web store, third party sales website or other business.
(b) Contacting Users to advertise, offer or attempt to sell Items outside Homeschool Buy.
(c) Single Item Listings which offer multiple or additional Items in the Item description. For example, Listing a student workbook and including language in the description which says, “Additional workbooks available at winning price. Tell me by e-mail how many you want.” Single Item Listings may sell only a single Item and may not permit or instruct Buyers to indicate the number of Items wanted. Sellers wishing to provide Buyers with the opportunity to purchase multiple Items should create multiple Item or “Dutch-Style Listings,” as described in SR 2.04.
(d) Permitting the winning bidder or Buyer to choose one (1) or more Items from a group or selection of available Items. Where appropriate Listings may permit Buyers to specify permitted types of customization (e.g.: the size of a hand-knitted sweater or the name to be embroidered on a baby quilt).
(e) Creating Listings which require, offer or permit multiple or additional purchases, except for permitted forms of multiple Listings and Dutch-Style Listings.
(f) Charging unreasonable or excessive shipping and handling costs or other fees in an effort to reduce fees payable to Homeschool Buy or for any other reason. Buyers may be required to pay reasonable shipping, handling, insurance and taxes but Sellers may not charge or require payment of additional costs not relevant to the transaction. Reasonable, permitted shipping and handling costs include a Seller’s actual, reasonable costs to handle, package and mail Items to Buyers, and may not be calculated as a percentage of sale price.
(g) Charging additional fees or surcharges for use of standard forms of payment. Charging additional fees or surcharges based upon the form of payment may be subject to civil or criminal penalties in some states or jurisdictions.
(h) Requiring the purchase of a warranty, guarantee or other “add-on” in order to avoid Listing or sales fees or reduce the Listing price of an Item. Sellers may legitimately offer optional warranties and other services subject to the relevant provisions of the User Agreement and applicable law. Warranties, guarantees and other service agreements are strictly regulated in some states and jurisdictions. Users should investigate and follow applicable laws and regulations.
(g) Taking any action which has as its actual or apparent purpose the reduction of fees due to Homeschool Buy or otherwise avoiding compliance with the User Agreement, including without limitation canceling, terminating or withdrawing a Listing because the Seller has not received offers to purchase the Item at the desired price, with the exception of Listings which contain a posted but unmet “reserve” or “minimum fee” requirement.
SR 1.13 Compliance With Obligations. Once a Buyer wins or purchases a properly Listed Item, a contract exists between the Seller and the Buyer. The parties must honor their obligations under this contract. Sellers must (a) accept payment for Items following successful completion of a Listing, subject to reasonable payment rules and instructions stated in the Listing, (b) deliver Items in a prompt and appropriate manner and condition following receipt of payment from the Buyer, (c) deliver Items which meet the description stated in the Listing, and (d) comply with all portions of the User Agreement and applicable law. Sellers who refuse to comply with these and other legal obligations may be held in violation of the User Agreement and applicable law and may incur charges, fees, consequences and penalties, potentially including civil and criminal liability. Sellers who cannot comply with their obligations under the User Agreement or applicable law due to unforeseeable circumstances that could not be corrected before the end of the Listing may contact the relevant Buyers to attempt to negotiate an amicable resolution, but Sellers should be aware that Buyers are not obligated and may not be willing to accept alternative proposals.
SR 1.15 Violations. Violations of the Selling Rules or any other portion of the User Agreement may result in a variety of consequences and penalties, including without limitation cancellation or termination of Listings, suspension or termination of User accounts or access privileges and forfeited fees. In some circumstances, violations may also subject the violator to civil or criminal liability.
Selling Rules Part 2: Rules Governing Items and Item Descriptions
SR 2.01 Listing Items. Only properly registered Users in good standing may List Items on Homeschool Buy. Registration is free of charge and subject to the terms of the User Agreement. Sellers may not advertise, offer or List any Item on Homeschool Buy if the possession, advertising, offer, sale or transfer of the Item would violate applicable law or the User Agreement, including without limitation the Homeschool Buy Restricted Items Policy.
SR 2.02 Titles and Descriptions. All words used to describe Items must accurately describe and directly relate to the Listed Items. Titles and subject lines must clearly and accurately identify the Listed Items. Item descriptions must be clear, accurate and complete. The Item description should identify the specific nature, use and condition of Listed Items whenever possible. Item descriptions must comply with the User Agreement and applicable law and may not include offensive, profane, obscene, racist or sexually explicit content or language which substitutes asterisks or other alternative characters (“Creative Spellings”) for part or all of a term which would otherwise violate the User Agreement. Use of Creative Spellings for an offensive term is deemed use of the offensive term. Items which cannot be described without the use of language which violates the User Agreement may not be Listed on Homeschool Buy. Homeschool Buy and TOS do not verify the content of Listings and are not responsible for improper or inaccurate Listings or Item descriptions.
SR 2.03 Keyword Spamming. Keyword spamming is strictly prohibited. Keyword spamming means the use or placement of inappropriate words, logos, brand names or categories anywhere in a Listing in order to attract attention to Listings or Items. Titles, subject lines and Item descriptions must relate directly to the Items which are the subject of the relevant Listings.
SR 2.04 Listings. Sellers may create single Item Listings, multiple Item Listings and Dutch-Style Listings in either fixed-price or auction format. Fees are calculated based upon the opening value or minimum bid set for Items Listed multiplied by the quantity of Items Listed. For purposes of the User Agreement, “Listing” means and includes all types of Listings and all pricing formats. Listings offering multiple Items must be appropriately grouped and identified. Sellers may not List multiple unrelated Items in a single Listing. Single Item Listings may List only a single Item (e.g.: one pink rubber duck). Multiple Item Listings offer multiple identical or related Items for sale in a single Listing and for purchase by a single Buyer (e.g.: four pairs of ladies’ gym socks for sale to the highest single bidder). Dutch-Style Listings (sometimes called “Dutch Auctions”) offer multiple identical Items in a single Listing, for purchase by one or more Buyers (e.g.: 20 blue rubber ducks, each priced at $5.00. Buyers can purchase as many or as few ducks as they wish). In a Dutch-Style Auction Listing may specify both the offered price per Item and the number of Items desired. Fixed-price Listings offer to sell Items at a fixed price set or established by the Seller. Auction Listings offer to sell Items to the highest bidder as of the date and time the Listing expires. Some auction Listings may contain “minimum” or “reserve” prices, which establish the lowest price the Seller will accept for the Listed Items. Auction Listings which do not contain stated “minimum” or “reserve” prices must be sold for the highest price bid at the end of the auction, regardless of whether that bid meets the Seller’s desired or expected price. The Buyer who offers the highest bid price for an Item wins an auction and is expected to pay the bid price for the Item. Bids in Dutch-Style auction Listings are ranked according to bid price per Item, not number of Items desired (e.g.: a bid for 3 rubber ducks at $2.00 apiece beats a bid for 6 rubber ducks at $1.50 apiece, even though the second bid totals a higher dollar amount), but all winning bidders will pay a price per item equal to the lowest winning bid. Winning Buyers of Dutch-Style auctions may refuse to accept partial quantities if they win fewer than the number of Items bid for.
For example: A seller offers 6 rubber ducks for sale in a Dutch-Style Auction Listing. Buyer A bids to purchase 6 ducks at $1.50 apiece. Buyer B bids to purchase 3 ducks at $1.75 apiece. Buyer C bids to purchase 1 duck at $2.00. At the end of the auction, the lowest successful bid is $1.50. Buyer C (the highest bidder) wins 1 duck at $1.50 (the lowest successful bid). Buyer B (the second highest bidder) wins 3 ducks at $1.50 apiece. Buyer A (the third highest bidder) wins 2 ducks (the rest of the remaining ducks) at $1.50 apiece. However, Buyer A may either purchase the two ducks or refuse to purchase any ducks because Buyer A did not win the entire set of 6 ducks Buyer A originally bid on.
SR 2.05 Listing Limits. Individual Sellers may post up to twenty (20) simultaneous Listings for identical Items (e.g.: a red sweater) but may post an unlimited number of Listings for different kinds of Items (e.g.: one Seller may post 20 Listings, each of which offers to sell one red sweater and 20 additional Listings, each of which offers to sell one rubber duck). Appropriately conducted multiple Item Listings and Dutch-Style Listings are each counted as a single Listing. There is currently no limit on the maximum number of total simultaneous Listings a Seller may have or place on Homeschool Buy, but Homeschool Buy and TOS reserve the sole, discretionary right to create, establish and enforce Listing limits at any time, in any manner and for any reason or no reason, with or without prior notice. Sellers may not list the same Item or Items in multiple Listings, but may create multiple Listings to sell distinct but similar Items. Duplicate Listings and Listings which exceed posted limits may be ended or deleted and may result in negative consequences or penalties, including without limitation termination of the Seller’s account and access privileges. Sellers may not use multiple accounts to circumvent Listing limits.
SR 2.06 Ending Listings Early. Sellers may end Listings prior to the stated end date or time in order to sell Items to the current high bidder at the current bid price. Prospective Buyers may e-mail Sellers to request that the Seller end Listings early but Sellers have no obligation to do so. Sellers may not end Listings prior to the stated end date or time in order to (a) circumvent or avoid paying fees, (b) avoid complying with any portion of the User Agreement or applicable law, or (c) avoid selling an Item for less than the desired price.
SR 2.07 Disclaimers. Sellers must indicate whether an Item is used or is being offered “As-Is” and whether any warranties or disclaimers apply. Sellers may not disclaim knowledge of or responsibility for the authenticity or legality of Listed Items. Users are strongly advised to read Listings thoroughly and carefully consider the terms of each transaction before agreeing to proceed. Homeschool Buy and TOS accept no responsibility or liability for or arising out of any Listing, purchase, sale, auction or other transaction between Users or between a User and any other person or entity.
SR 2.08 Customized Items. Although Listings may not generally permit Buyers to choose from a selection of Items, Listings may offer custom-made Items or Items which the Seller offers to customize or personalize to Buyer specifications, provided that specialization or customization options are (a) clearly described in the Listing, (b) provided at no additional cost to the Buyer, and (c) involve more than merely choosing between a variety of sizes, colors or styles. Sellers wishing to List Items in a variety of sizes, colors or styles must either create separate Listings for each size, color and style.
Selling Rules Part 3: Rules Governing Special Offers and Proposals
SR 3.01 Bonuses, Giveaways, Raffles and Prizes. Sellers may not post or create Listings or other Website Content (as defined in the User Agreement) which contain or promote lotteries, giveaways, random drawings, raffles or prizes (collectively, “Promotions”). Promotions are highly regulated and may be unlawful in some states or jurisdictions. Sellers may post or create Listings which include or offer free Items or “bonuses,” provided (a) the Items or bonuses are not Promotions, (b) Listings clearly state the exact terms and conditions which govern the offer of free Items or bonuses, (c) all free Items and bonuses are made available and distributed in a uniform, legal, nondiscriminatory manner and apply equally to all Buyers in Dutch-Style Listings, (d) Seller conduct, Listings and terms do not constitute illegal or non-permitted “tying” and (e) free Items and bonuses otherwise comply with the User Agreement and applicable law. Free Items and bonuses may not effectively convert a single-Item Listing into a multiple-Item listing or tying (e.g.: “Free teddy bear if the final sale price of this rubber duck exceeds $50!”).
SR 3.02 Homeschool Buy Contests and Promotions. Homeschool Buy and TOS may, but have no obligation to, contain, offer, sponsor, promote and run Promotions, in compliance with applicable law.
SR 3.03 No Requests for Charitable Donations. Charities, non-profit entities and fundraising are highly regulated by federal, state and local laws. Users may not post requests for charitable donations or fundraising efforts or create Listings which constitute requests for donations or fundraising efforts. Charitable and nonprofit organizations may List Items for sale on the same terms and conditions as other Sellers, to the extent permitted by the User Agreement and applicable law.
SR 3.04 No Multi-Level Marketing. Listings and other Website Content may not advertise, promote, offer or recruit for matrix, Ponzi or pyramid schemes, multi-level marketing programs or any similar sales or marketing plan, program or scheme, whether lawful or unlawful. These programs are often illegal and are subject to extensive laws and regulations. They may also take advantage of uninformed or unsuspecting individuals. Matrix programs include, without limitation, any business model which involves the exchange of money or other consideration in return for placement on a waiting list or a promise that the investor will receive a product or prize once a stated number of additional people have joined the list. Pyramid schemes may or may not involve the sale of goods or services and include, without limitation, any business model which focuses on commissions earned primarily by recruiting new subscribers, members or distributors. Ponzi schemes are a form of pyramid scheme and include, without limitation, any business model which involves the investment of money with promises of substantial returns on an initial investment financed in whole or in substantial part from funds invested by subsequent investors. Multi-level marketing programs generally involve the sale of goods and include, without limitation, any business model in which a person receives proceeds from both his or her own sales and those of subsequently recruited members, salespersons or distributors.
Part 4: Rules Governing Pricing, Shipping, Fees and Payment
SR 4.01 Pricing and Shipping. Listings must contain complete and accurate terms, Item descriptions and prices, including allocation of taxes and shipping costs. Listings may not ask or encourage anyone to contact the Seller for prices, catalogs or additional Items. Sellers may, but need not, offer shipping insurance and delivery tracking and should let potential Buyers know whether insurance or tracking is available and who will bear the expense of these additional services.
SR 4.02 Reserve Prices. Some auction-style Listings may have a “reserve” or “minimum” price. This price represents the minimum amount a Seller will accept for a Listed Item. The Seller must establish and enter the minimum sale price at the time the Listing is created. Sellers are not obligated to sell Items for which the minimum sale price is not met, provided Sellers properly establish a “reserve” or “minimum” bid price at the time the auction is created. Alternative or additional fees may apply.
SR 4.03 Shipping, Handling and Other Permitted Costs of Sale. Sellers may charge Buyers (a) the final purchase or bid price for Items actually purchased, (b) an amount equal to applicable federal, state and local taxes due on sale or transfer of Items, (c) reasonable shipping and handling costs, which means and includes the actual, reasonable cost to handle, package and mail Items to Buyers, and (d) insurance on Items or shipping, provided that Sellers use a licensed third-party insurer and charge Buyers no more than the actual fee or amount charged by that third-party insurer. Shipping and handling fees may not be calculated as a percentage of sale or bid prices. Homeschool Buy and TOS reserve the discretionary rights to evaluate and to require Sellers to document the reasonableness of shipping and handling costs and other costs charged by Sellers.
SR 4.04 Taxes and Related Fees. Users must investigate, understand and comply with applicable laws, rules and regulations relating to Listings, sales and transfers of Items, including without limitation laws relating to applicable transfer taxes and fees associated with the sale or transfer of Items. Homeschool Buy and TOS do not calculate, evaluate, track or otherwise monitor payment of taxes or other applicable fees.
SR 4.05 Permitted Payment Methods. Sellers may offer to accept one or more of the following methods of payment: major credit cards (e.g.: MasterCard, Visa, American Express, Discover), debit cards, PayPal, electronic bank payments, bank wire transfers, cashier’s or bank checks, certified checks, personal checks, money orders and other negotiable instruments. Sellers may also accept COD (cash on delivery) or cash for transactions conducted in person. Cash may not be sent through the United States mail. Sellers must possess the physical and technological capacity to process and accept offered methods of payment (e.g.: a Seller whose Listings state that the Seller will accept credit card payments must have a credit card processing account or other standard capacity to accept and process payments made by credit card). Payment methods which require offline payment may not offer the same level of protection as payments completed online. Users are cautioned to carefully evaluate and select the most appropriate payment method for each Listing and transaction.
SR 4.06 Changes to Payment Methods. Homeschool Buy and TOS reserve the sole, discretionary right to review, consider and evaluate existing, new or additional payment options or services from time to time and to add or eliminate permitted methods of payment. All legal methods of payment may not be permitted or available for use at Homeschool Buy. Homeschool Buy and TOS wish to provide a safe and beneficial experience for all Users and will evaluate and permit or disallow various payment methods based upon a variety of factors, including without limitation subjective factors such as ease of use and the character of the Homeschool Buy experience.
SR 4.07 Non-Permitted Payment Methods and Surcharges. Sellers may not ask, require or permit Buyers to (a) send cash through the mail or by instant cash transfer services (e.g. Western Union), (b) pay Seller using any payment method not specifically included in the list of “permitted payment methods” set forth in SR 4.04, or (c) pay for Items by adding value to or paying sums owed on Seller’s debit or credit cards or gift cards. Sellers may determine which methods of payment they are willing to accept and are not required to accept more than one form of payment, but may not charge additional fees depending upon which form of payment Buyers select to use. For example: a Seller may decide not to accept credit card payments, but may not accept credit cards only upon payment of an additional fee.
Selling Rules Part 5: Rules Governing Links
SR 5.01 Permitted Links. “Links” are static or clickable icons which take, direct or redirect Users to webpages other than Homeschool Buy. Users may not insert or use links to dealer, retail, auction or other sale-related Internet websites not connected with Homeschool Buy (collectively, “Sales Websites”). Listings may contain a reasonable number of links to (a) an e-mail address which opens an e-mail client for prospective Buyers to contact Sellers with questions about Items and Listings, (b) the Seller’s other Listings, (c) the Seller’s personal profile or information page at Homeschool Buy, (d) the Seller’s website, blog or other Internet websites owned and operated by the Seller which describe or contain photographs of offered or requested Items, provided the linked websites are not Sales Websites, and (e) Internet websites other than Sales Websites which provide legal or other appropriate credits to third-party sources and manufacturers. Links must be of reasonable size and may be static or clickable but may not flash, move or contain any form of animation, including without limitation animated emoticons.
SR 5.02 Non-Permitted Links. Users may not insert or use links to Sales Websites or other non-permitted websites (collectively, “Non-Permitted Links”). Non-Permitted Links include, without limitation, links to (a) Sales Websites, (b) websites (other than Homeschool Buy or TOS) which offer, list, auction or sell Items or which encourage Users to offer, list, auction or sell Items at websites other than Homeschool Buy, (c) websites which offer or sell Items which cannot be sold on Homeschool Buy, (d) websites which solicit Users’ business or personal information, including without limitation financial information, email addresses, usernames and passwords, (e) live chat systems (e.g. GoogleTalk or AIM), and (f) subscription pages for newsletters, mailing lists and online information services offered by individuals or companies other than Homeschool Buy and TOS. Notwithstanding anything to the contrary contained in this paragraph, Sellers’ personal information or profile pages may include links to personal websites, blogs and websites containing invitations to join or subscribe to information or mailing lists owned, maintained and published by the Seller, provided that the linked websites are not Sales Websites.
SR 5.03 Changes to Link Policies. Homeschool Buy and TOS reserve the sole, discretionary right, but have no obligation, to change any and all portions of the Selling Rules at any time, with or without cause or prior notice. This right includes, without limitation, the right to increase, decrease or alter the number, type and nature of permitted and non-permitted links.
Selling Rules Part 7: Rules Relating to Intellectual Property
SR 7.01 Mandatory Compliance. Users must comply with the User Agreement and all applicable intellectual property laws, including without limitation the federal laws of the United States.
SR 7.02 Copyright. Copyright protection gives the copyright owner the exclusive right to sell, duplicate, distribute, perform and create derivative works from the copyrighted work. A work need not bear the copyright symbol (©) in order to obtain copyright protection, which attaches at the moment the work is created. Copyrighted works are the legal property of the copyright holder and may be protected in a variety of ways, including without limitation state and federal laws of the United States and laws of foreign nations. While the owner of a copy of a protected work is usually entitled to sell or transfer ownership of the copy purchased from a licensed distributor, only the owner of the copyright can make additional copies of the work for transfer or sale. For example, the purchaser of a textbook may be able to sell the textbook but cannot make photocopies of the textbook in order to sell either the copies or the original. Certain copyrighted items are subject to licensing restrictions which prevent their resale. Please review all licenses carefully prior to Listing Items on Homeschool Buy.
7.03 Sound Recordings and File Sharing. Sound and music recordings are frequently protected by copyright and are subject to the same laws and regulations as other copyrighted works. Copies of protected sound recordings and other files obtained via peer-to-peer (P2P) or similar file-sharing or Internet download programs without payment of appropriate license fees are often illegal and may subject owners and users to liability for copyright infringement. Users may not List, share or offer to share computer files, sound recordings or other downloaded information (collectively “Downloads”) if the use, transfer or sharing of Downloads would violate the User Agreement or applicable law.
7.04 Software Policy. Computer software, particularly academic software, is often sold subject to specific license agreements which restrict transfer and resale. Users must comply with applicable license requirements and may not offer or List computer software on Homeschool Buy if Listing, selling, transfer or use by the transferee would violate the terms of any applicable law or license agreement. “Test,” “beta,” and “gold-master” versions of software may not be listed or transferred on Homeschool Buy due to special status and enforcement issues relating to pre-release versions of computer software.
7.05 Publicity and Privacy Rights. Every individual has a property right in his or her name, image and signature. Use of the name, image or signature of an individual for commercial purposes without his or her legally binding consent is a violation of law and is not permitted on Homeschool Buy.
7.06 Trademarks and Protected Marks. Users may use, post and refer to trademarks, brand names, company logos and other protected marks only to identify the manufacturer or source of the Item listed. Trademarks, brand names, company names and other marks are the legal property of the registered mark holder and may be protected in a variety of ways, including without limitation the state and federal laws of the United States and the laws of foreign nations. Improper use of a protected mark may constitute trademark infringement, which may expose the User to legal liability. Users are strongly cautioned to use protected marks in a legal manner.
7.07 Comparisons Using Protected Marks. Users are strongly cautioned to use comparative statements carefully. Users may not make statements comparing an Item to another Item using a trademark or other legally protected mark associated with a non-offered Item. For example, a User may not describe a Listed Item as: “Used homeschool magazines just like The Old Schoolhouse Magazine.”
7.08 Compatibility. Users offering Items which are compatible with other specific brands or products may identify compatible products by name. For example, “Brand-X history maps are compatible with Brand-Y and Brand-Z textbooks.” Users are strongly cautioned not to plagiarize advertisements or otherwise violate the intellectual property rights of retailers, manufacturers and others.