Broodr's Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY BROODR, INC. ("BROODR"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.BROODR.COM (THE "SITE") AND ALL SERVICES PROVIDED BY BROODR ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to support@broodr.com.

1. Broodr is a Venue

Broodr acts as a venue to allow users who comply with Broodr's policies to offer, sell and buy certain goods within a fixed-price format. Broodr is not directly involved in the transaction between buyers and sellers. As a result, Broodr has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Broodr does not pre-screen users or the content or information provided by users. Broodr cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Broodr does not transfer legal ownership of items from the seller to the buyer.

Broodr cannot guarantee the true identity, age, and nationality of a user. Broodr encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Broodr is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Broodr. You use the Broodr service at your own risk.

2. Membership Eligibility

Age: Broodr's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Broodr may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Broodr's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Broodr's policies as stated in the Agreement and the Broodr policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Broodr, each of which is incorporated herein by reference and each of which may be updated by Broodr from time to time without notice to you: Privacy Policy  / Copyright and IP Protection.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Broodr from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Broodr of any unauthorized use of your password or any breach of security. You also agree that Broodr cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Broodr without Broodr's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Broodr you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Broodr account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Broodr's services are not available to temporarily or indefinitely suspended Broodr members. Broodr reserves the right, in Broodr's sole discretion, to cancel unconfirmed or inactive accounts. Broodr reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and setting up a shop on Broodr is free. Broodr charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Broodr's Fee’s Policy which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Broodr's services are effective after Broodr provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Broodr may choose to temporarily change the Fees Policy and the fees for Broodr's services for promotional events (for example, free listing days); such changes are effective when Broodr posts the temporary promotional event on the Site. Broodr may, at Broodr's sole discretion, change some or all of Broodr's services at any time. In the event Broodr introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

You are responsible for paying all fees and applicable taxes associated with using Broodr. Broodr keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.

Fees and Termination: If Broodr terminates a listing or your account, if you close your account, or if the payment of your Broodr fees cannot be completed for any reason, you remain obligated to pay Broodr for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Broodr.

4. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Broodr's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Broodr shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Broodr shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Broodr's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Broodr reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Broodr transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Broodr and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Broodr.

Restricted Activities: Your Content and your use of Broodr shall not:

1. Be false, inaccurate or misleading

2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Broodr's Copyright and IP Policy.

4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Broodr staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

7. Be obscene or contain child pornography

8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

9. Host images not part of a listing

10. Modify, adapt or hack Broodr or modify another website so as to falsely imply that it is associated with Broodr;

11. Appear to create liability for Broodr or cause Broodr to lose (in whole or in part) the services of Broodr's ISPs or other suppliers

12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Broodr.

Furthermore, you may not list any item on Broodr (or consummate any transaction that was initiated using Broodr's service) that, by paying to Broodr the listing fee or the final value fee, could cause Broodr to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content

License: Broodr does not claim ownership rights in your Content. You grant Broodr a license solely to enable Broodr to use any information or Content you supply Broodr with, so that Broodr is not violating any rights you might have in that Content. You grant Broodr a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Broodr to store or re-format your Content on Broodr and display your Content on Broodr in any way as Broodr chooses. Broodr will only use personal information in accordance with Broodr's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Broodr user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Broodr-related communications. Broodr has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Broodr user to your email or physical mail list. For more information, see Broodr's Privacy Policy.

Re-Posting Content: By posting Content on Broodr, it is possible for an outside website or a third party to re-post that Content. You agree to hold Broodr harmless for any dispute concerning this use. If you choose to display your own Broodr-hosted image on another website, the image must provide a link back to its listing page on Broodr.

Idea Submissions: Broodr considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Broodr shall not be liable for the disclosure or use of such Material. If, at Broodr's request, any member sends Material to improve the site (for example through the Forums or to customer support), Broodr will also consider that Material to be non-confidential and non-proprietary and Broodr will not be liable for use or disclosure of the Material. Any communication by you to Broodr is subject to this Agreement. You hereby grant and agree to grant Broodr, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Broodr does not control the Content provided by users that is made available on Broodr. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Broodr, you agree to accept such risks and that Broodr (and Broodr's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Broodr. Please use caution, common sense, and practice safe buying and selling when using Broodr.

Other Resources: Broodr is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Broodr does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Broodr shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

8. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Broodr's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Broodr is not involved with user generated groups, the groups' requirements, or the Meetings.

Broodr does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Broodr does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on Broodr may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. BROODR IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO BROODR; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY BROODR, AND BROODR HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT BROODR IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, BROODR USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. Resolution of Disputes and Release

In the event a dispute arises between you and Broodr, please contact Broodr or PayPal.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Broodr agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release Broodr (and Broodr's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Broodr encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Broodr, for the benefit of users, may try to help users resolve disputes. Broodr does so in Broodr's sole discretion, and Broodr has no obligation to resolve disputes between users or between users and outside parties. To the extent that Broodr attempts to resolve a dispute, Broodr will do so in good faith based solely on Broodr's policies. Broodr will not make judgments regarding legal issues or claims.

10. Broodr's Intellectual Property

BROODR, and other Broodr graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Broodr LLC. in the U.S. and/or other countries. Broodr's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Access and Interference
Broodr may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Broodr is updated on a real-time basis and is proprietary or is licensed to Broodr by Broodr's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Broodr for any purpose whatsoever, or otherwise without Broodr's prior express written permission. Additionally, you agree that you will not:

1. Take any action that imposes, or may impose, in Broodr's sole discretion, an unreasonable or disproportionately large load on Broodr's infrastructure.
2.  Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in the website and Privacy Policy from the Site.
3.  Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
4.  Bypass Broodr's robot exclusion headers or other measures Broodr may use to prevent or restrict access to Broodr.

12. Breach
Without limiting any other remedies, Broodr may, without notice, and without refunding any fees, delay or immediately remove Content, warn Broodr's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Broodr suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Broodr is unable to verify or authenticate any of your personal information or Content; or Broodr believes that a user is acting inconsistently with the letter or spirit of Broodr's policies, has engaged in improper or fraudulent activity in connection with Broodr or the actions may cause legal liability or financial loss to Broodr's users or to Broodr.

13. Privacy
Except as provided in Broodr's Privacy Policy Broodr will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Broodr stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

BROODR, BROODR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND BROODR'S SUPPLIERS PROVIDE BROODR'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BROODR, BROODR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND BROODR'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BROODR SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Liability Limit

IN NO EVENT SHALL BROODR, AND (AS APPLICABLE) BROODR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR BROODR'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BROODR'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

BROODR'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BROODR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BROODR IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD BROODR AND (AS APPLICABLE) BROODR'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

Broodr does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Broodr's control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Broodr service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Broodr's net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and Broodr are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. Broodr Service

Broodr reserves the right to modify or terminate the Broodr service for any reason, without notice, at any time. Broodr reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Broodr makes a material change Broodr will notify you here, by email, by means of a notice on our home page, or other places Broodr deems appropriate. What constitutes a "material change" will be determined at Broodr's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

23. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Broodr's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Broodr; Broodr LLC (Customer Care); 235 Harrison Street Syracuse, NY 13202 (in the case of Broodr) or, in your case, to the email address you provide to Broodr (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Broodr may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Broodr. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Broodr's Copyright and IP Policy.

25. Disclosures

The services hereunder are offered by Broodr LLC., Broodr LLC (Customer Care); 235 Harrison Street Syracuse, NY 13202. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

26. Listing Fees/Transaction Costs
Listing fees and transaction costs are subject to change. Upon change users will be notified. In first several months there will be no uploading fees for user - but this will eventually be changed to the following:
$5.99 cents for up to ten item listings (per year). For example, you may have one widget, but have manufactured 1000 of these widgets, this will only count for one listing. After one year if the items do not sell out it will become unlisted and you may easily relist it if you like (at the same price).
$19.99 for unlimited item listings (per year). You may upload as many widgets as you’d like, simply. After one year if the items do not sell out it will become unlisted and you may easily relist it if you like (at the same price).
5% sales fee - When you make a sale on Broodr, 5% of the total sale price will automatically be deducted from the transaction and go to Broodr. This percentage does not include the shipping price.
Currency conversion - All fees and items on Broodr are listed in US Dollars. Currency conversion is handled by individual sellers, not Broodr.
Paying fees - All Broodr fees are paid using either the credit card you put on file when you sign up as a seller, or via PayPal. You can pay your bill at any time manually using your credit card on file or PayPal account.
Fees FAQ - Can I sell on Broodr if I'm not in the United States? Yes you can. We already have many sellers in other countries and we'll be adding built-in currency conversion soon. What currency are fees in? All fees are in US dollars. When paying your fees by credit card, currency conversion is handled automatically by those services. If I unlist an item, is the listing fee refunded? No it's not.

Effective Date: March 28, 2011