The following describes the terms on which AbleSky offers you access to our services.
Welcome to AbleSky. By using the services on the AbleSky websites (AbleSky.com and other related software where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with AbleSky Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you reside outside of the United States, you are contracting with one of our international AbleSky companies: AiBeiShi in P. R. China.
This Agreement is effective on Feb 6, 2009, for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on July 9, 2008.
While using AbleSky, you will not:
AbleSky and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Information we collect and how we use it
We offer a number of services that do not require you to register for an account or provide any personal information to us, such as AbleSky Search. In order to provide our full range of services, we may collect the following types of information:
You can find more information about how we process personal information by referring to the supplementary privacy notices for particular services.
AbleSky processes personal information on our servers in the United States of America, P.R. china and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.
Rights and responsibility for AbleSky and users
AbleSky rights and responsibility:
AbleSky user rights and responsibility:
Copyrights related knowledge products
AbleSky is not responsible for users posting copyrights material; user should not upload or post any copyright material not owned by this user. AbleSky reserve the rights to remove certain contents immediately. If repeating violation is found, AbleSky will suspend or terminate user account indefinitely. Following material are forbidden to post in AbleSky:
Service to change, suspend or terminate
You will not hold AbleSky responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites from anywhere, in venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Resolution of Disputes
If a dispute arises between you and AbleSky, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AbleSky 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 About 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.
AbleSky charges 10% of each transaction as commission.