WELCOME TO NINAYO. We hope you find the www.ninayo.com website useful. This website is owned and operated by NINAYO AB, a Swedish private limited company. By accessing our servers, websites, or content therefrom (together, "NINAYO"), you agree to these Terms of Use ("TOU"), last updated 2015-04-15. NINAYO reserves the right to change, modify, add, or remove portions of these TOU at any time. Changes will be effective when posted on the website with no other notice provided. Please check these TOU regularly for updates. Your continued use of the website following the posting of changes to these TOU constitutes your acceptance of those changes. The www.ninayo.com website is a market place which is open for authorized users to sell and buy products. None of the products listed on the website are owned or sold by NINAYO, neither is NINAYO involved in the actual sale transaction between the buyers and sellers on its website. You as a user, buyer or seller, are responsible for the information provided and the transaction.

LICENSE. If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access NINAYO in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from NINAYO. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid, sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.

USE. You agree not to use or provide software (except for general purpose web browsers and email, or software expressly licensed by us) or services that interact or interoperate with NINAYO, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, and so on are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI").

MODERATION. You agree we may moderate NINAYO access and use in our sole discretion, e.g., by blocking (e.g., IP addresses), filtering, deletion, delay, omission, verification, and/or access, account, or license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

SALES. Unless otherwise agreed, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to NINAYO, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and NINAYO is provided "AS IS" and "AS AVAILABLE"; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g., illegal conduct; (c) your NINAYO use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, AND EMPLOYEES ("NINAYO ENTITIES") DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) NINAYO ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G., OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100.00 OR WHAT YOU PAID US IN THE PAST YEAR.

CLAIMS. You agree (1) any claim, cause of action or dispute ("Claim") arising out of or related to these TOU or your NINAYO use is governed by Swedish ("SV") law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Sweden (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed within one year after it arose or be forever barred; (5) not to bring or take part in a class action against NINAYO ENTITIES; (6) (except government agencies) to indemnify NINAYO ENTITIES for any damage, loss, and expense (e.g., legal fees) arising from claims related to your NINAYO use; (7) you are liable for breaches of these TOU by affiliates (e.g., marketers) paid by you, directly or indirectly (e.g., through an affiliate network); and (8) to pay us for breaching or inducing others to breach the "USE" section of these TOU, not as a penalty, but as a reasonable estimate of our damages (because actual damages are hard to calculate): $0.10 per server request, $1.00 per post, email, flag, or account created, $1.00 per item of PI collected, and $1000.00 per software distribution, capped at $25,000.00 per day.

MISCELLANEOUS. This is the exclusive and entire agreement between us. If a TOU term is unenforceable, other TOU terms are unaffected. If TOU translations conflict with the English version, the English version controls.

PROHIBITIONS. You must comply with all applicable laws, the NINAYO TERMS OF USE, and all posted site rules. Here is a partial list of goods, services, and content prohibited on NINAYO: weapons; firearms, guns or their components; BB, pellet, stun, or spear guns; ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives; recalled items; hazardous materials; body parts or fluids; unsanitary bedding or clothing; prescription drugs, medical devices; controlled substances and related items; alcohol or tobacco; unpackaged or adulterated food or cosmetics; child pornography; bestiality; offers or solicitation of prostitution; pet sales (re-homing with small adoption fee ok), animal parts, stud service; false, misleading, deceptive, or fraudulent content, including but not limited to “bait and switch” techniques; keyword spam; offensive, obscene, defamatory, threatening, or malicious postings or email; any person’s personal, identifying, confidential or proprietary information; food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance; stolen property, property with a serial number removed or altered, burglary tools; identification cards, licenses, police insignia, government documents, birth certificates; US military items not demilitarized in accord with Defense Department policy; counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer; lottery or raffle tickets, sweepstakes entries, slot machines, gambling items; spam; miscategorized, overposted, cross-posted, or nonlocal content; postings or email whose primary purpose is to drive traffic to a website; postings or email offering, promoting, or linking to unsolicited products or services; affiliate marketing; network, or multi-level marketing; pyramid schemes or “Ponzi” schemes; any good, service, or content that violates the law or legal rights of others. Please immediately notify NINAYO if you become aware of any user violating these TOU.

PRIVACY. This policy details how data about you is collected, used, and disclosed by NINAYO.

  1. Protecting your privacy: We take precautions to prevent unauthorized access to or misuse of data about you. NINAYO links to third party sites - please review their privacy policies.

  2. Data we use to provide and improve our services and combat fraud or abuse includes the following: data you post on NINAYO, or send us directly or via other sites (please do not post private data); credit card data, which is transmitted to payment processors via a security protocol (e.g., SSL); data you provide (e.g., your email address, name, address, phone, fax, photos, tax ID, information you include in ads and forms); web log data (e.g., pages viewed, access times, IP address, HTTP headers); data collected via cookies (e.g., keyword searches and "favorites" lists); data about your devices (e.g., screen size, DOM local storage, plugins); data from third parties (e.g., phone type, general location derived from IP address).

  3. Data we store: We retain data as long as needed for our business purposes and/or as required by law. We make good faith efforts to store data securely, but make no guarantees. You may access and update certain data about you by logging into your account.

  4. We may disclose user data in the following circumstances: to vendors and service providers (e.g., payment processors) working on our behalf; to respond to subpoenas, court orders, or other legal process; to protect our rights, property, or safety, or that of our users or the general public; with your consent (e.g., if you authorize us to share data with other users); in connection with a merger, bankruptcy, or sale or transfer of assets to another company; in aggregate or summary form, as long as it cannot reasonably be used to identify you.

International Users - By visiting NINAYO or providing us data, you agree we may use and disclose data we collect for purposes listed here or as communicated to you, transmit it outside your resident jurisdiction, and store it on servers. For more information please contact our privacy officer at privacy@ninayo.com.