• Home

• Cooffer Brings The World Closer

• Terms of Service and Use

Last revised: February 21, 2009

Welcome to Cooffer ("We", "Us", “Company” or "Cooffer"), a social networking website where people who share the same interests and hobbies can get to know others and swap their personal belongings (or "Services"). Cooffer acts as an intermediary and "middleman" between users who wish to buy, sell, swap, or engage in any other act of merchandise transactions through this website. By accessing or using our website at www.Cooffer.com ("Site"), you signify that you have read, understood and agreed to be bound by the following Terms of Use ("Terms of Use"). If you do not agree to abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly refer to this site in order to determine the most current changes and conditions of the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older. In addition, users of the Site under 18 must be currently enrolled in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone under 18 and not enrolled in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 years or older and in high school or college, or that you are 18 years or older, and that you agree to and abide by all of the terms and conditions of this Agreement.

Individuals who are 18 years and older who can form legally binding contracts under applicable law may use Cooffer's “My Shop” services. Individuals under the age of 18 may still use “My Shop” services with the permission and supervision of a responsible adult.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all uses of your account and for any actions that take place using your account.

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppal, implication or otherwise. This license is revocable at any time without notice and with or without cause.

If you have a personal account, you understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only.  You may use the Service and the Site for commercial use only if you have a business account with us.  You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

• post content or items in an inappropriate category or areas on the Sites;
• violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
• use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
• fail to deliver payment (or swapped items) for items purchased or swapped by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other user's listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to Cooffer;
• copy, modify, or distribute content from the Site and Cooffer’s copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent;
• use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site, or the interest or property of Cooffer users;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• intimidate or harass another;
• use or attempt to use another's account, service or system without authorization from Cooffer, or create a false identity on the Service or the Site.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Cooffer may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Cooffer violates this Term of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your own cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Cooffer.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Cooffer an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Cooffer may retain archived copies of your User Content. Cooffer does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

Trademarks. Cooffer and other related trade names, graphics, logos, and service marks used on the Site are the trademarks of Cooffer and may not be used by you without our prior written permission.

Copyright Infringement. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):

• Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
• Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
• Your contact information so that we can contact you (for example, your address, telephone number, email address);
• A statement that you have a good faith belief that the use of the material identified in sub-section ii above is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
• Your physical or electronic signature.

DMCA Agent: James Cai
100 Century Center Court, Suite 315
San Jose, CA 95112
Tel: 408. 436. 0789 ext. 201
Fax: 408. 436. 0758
Email: jcai@sacattornerys.com

Counter-Notification. If material that you have posted to the Site has been taken down, you may file a counter-notification that contains the following details:

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
• Your name, address and telephone number;
• A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Cooffer Inc. may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
• Your physical or electronic signature.

DMCA Agent: James Cai
100 Century Center Court, Suite 315
San Jose, CA 95112
Tel: 408. 436. 0789 ext. 201
Fax: 408. 436. 0758
Email: jcai@sacattornerys.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties (the "Third-Party Content"). Such Third Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

You are solely responsible for your interactions with other Cooffer users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Your privacy is important to us. For more information, please see our Privacy Policy, which is incorporated into these Terms of Service.

Cooffer is not responsible or liable in any manner for any User Content, Software or Content posted on the Site or in connection with the Service, whether posted by users of the Site, by Cooffer, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third-Party Content. Cooffer is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Cooffer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Cooffer is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or in connection with the Service. Under no circumstances will Cooffer be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third-Party Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND COOFFER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COOFFER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE. COOFFER DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE SERVICE, OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

Cooffer reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Cooffer.

a. Cooffer’s cumulative liability to any entity for all claims of any kind arising out of or related to products or services furnished through Cooffer or its member(s)/user(s) shall not exceed, to the extent collected by Cooffer, the fees actually received by Cooffer from such entity, regardless of whether Cooffer has been advised of the possibility of such damages or whether any remedy set forth herein fails of its essential purpose or otherwise.

b. IN NO EVENT SHALL COOFFER BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR RELATING TO PRODUCTS OR SERVICES FURNISHED THROUGH COOFFER OR ITS MEMBER(S)/USER(S), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

c. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. However, such limitations shall not apply to claims for personal injury or death to the extent liability for such claims may not be limited under applicable law.

Cooffer may terminate or suspend your membership, delete your profile and any content or information that you have posted on the Site, or prohibit you from using or accessing any portion of the Service or the Site for any reason, or no reason, at any time in its sole discretion, without notice.

Except as explicitly stated otherwise, legal notices shall be served on Cooffer’s national registered agent (in the case of Cooffer) or to the email address you provide to Cooffer during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Cooffer may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

If a dispute arises between you and Cooffer, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Cooffer agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Cooffer must be resolved by a court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

Arbitration - Any dispute or claim arising out of or related to the services and products offered by Cooffer Inc. shall be finally settled by binding arbitration in San Francisco, California under the Rules of the American Arbitration Association by one arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrator shall apply California law to the merits of any dispute or claim, without reference to rules of conflict of law, and shall have the authority to award any and all available remedies, including legal and equitable relief. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator. The arbitral proceedings and all pleadings and written evidence shall be in the English language. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or true copy thereof. The prevailing party in any action brought to enforce or interpret this Agreement or for relief for its breach shall be entitled to recover its costs and its reasonable attorneys’ fees incurred to prosecute or defend such action.

Improperly Filed Claims - All claims you bring against Cooffer must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Cooffer may recover reasonable attorneys' fees and costs, provided that Cooffer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Should you have a dispute with one or more members/users, or outside parties, you release Cooffer (and Cooffer's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (consequential and actual) of every kind and nature, unknown and known, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Cooffer strongly encourages members/users to report member to member disputes to your local law enforcement, postmaster general, or a certified arbitrator/mediator.

Cooffer may try to help members resolve disputes, however, such action towards resolution is in Cooffer's sole discretion. Cooffer has no obligation to resolve disputes between users or between users and outside parties. Cooffer will not make judgments regarding legal issues or claims.

In the event a dispute arises between you and Cooffer, please contact us.

You agree to indemnify and hold Cooffer, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third-Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Cooffer are non-confidential. By providing such Submissions, you grant Cooffer a perpetual, non-exclusive, royalty-free right to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

• Adult-only material
• Alcohol and Wine
• Animals and Wildlife
• Art and Artifacts
• Cell phone (telephone / wireless) contracts
• Coins
• Counterfeit Currency, Stamps, and Items.
• Credit/Debit Cards
• Drugs (prescription drugs)
• Electronic / Surveillance Equipments
• Firearms/weapons
• Food
• Hazardous items
• Human parts / remains
• Lottery tickets
• Mailing list / personal information
• Medical devices
• Offensive material
• Pesticides
• Plants (Weeds / Seeds)
• Recalled items
• Stocks, commodities and other securities
• Stolen property
• Tobacco

For more information, please visit the U.S. Consumer Product Safety Commission website.

1. wz_dragdrop - LICENSE TYPE:LGPL - http://www.walterzorn.com

Used with permission of Yahoo! Inc. ©2009 Yahoo! Inc. YAHOO! and the YAHOO! logo are registered trademarks of Yahoo! Inc.

Gmail logo are registered trademarks of Google Inc.

AOL logo is registered trademark of AOL LLC.

Windows Live Hotmail logo is registered trademark of Microsoft Corp.

The failure of Cooffer to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.