Terms and Conditions

Welcome to the Phocal. Marketplace!

These terms and conditions outline the rules and regulations for the use of Phocal. LLC's Website, accessible via the Phocal. mobile app and web urls phocal.market or phocal.app.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Phocal. marketplace if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Acceptable Use Policy

Our Acceptable Use Policy outlines the kind of behavior that is not permitted on Phocal’s services. Violation of these conditions will result in a ban and immediate removal from Phocal’s services.

• We value the safety of our users, we do not support any local meetups or in-person transactions. All items being sold on the Phocal. Marketplace must be shipped. Any users found to be in violation of these rules may have their accounts terminated without notice.

• All items being sold on the Phocal. marketplace must be either 1) a camera body/lens or 2) a physical accessory that aids in the process of taking a photo/video. Services and digital products are never allowed for sale on the marketplace. If a seller is found to be in violation of these rules their listing will be removed and their account may be terminated without notice.

• All item photos must relate to the item and must accurately represent the item in its current condition. Stock photos and edited photos are prohibited on the platform. The condition listed on the item must also match the actual condition of the item. The description must also be honest with regards to the item and its condition. A mismatch in the described and actual condition of the item to a significant degree is grounds for a full refund if the buyer so chooses.

• A user may only list items that they or their business are in lawful possession of. If a user is found to be selling items that are not such, their account may be terminated without notice.

• You may not send advertising, spam, or otherwise irrelevant information to other users. The messages service is provided for the convenience of both the buyer and seller to clarify details about the item and to negotiate a sale. Any other conversation is not supported by the Phocal. Marketplace and may result in the offending accounts being terminated.

• If you come across an item that breaks the above rules, report it using the in-app report button on the bottom of the item page and our team will assess the problem as soon as possible.

• If you come across a user that breaks any of the above rules, or is engaging in harassment, report them using the in-app report button located in the dropdown menu at the top of any messaging thread.

• Never at any point can explicit content or images be uploaded to any Phocal. service. Any users doing so will have their account terminated without notice.

• Phocal. reserves the right to remove any users from the marketplace for any behavior deemed unacceptable.

License

Unless otherwise stated, Phocal. LLC and/or its licensors own the intellectual property rights for all material on phocal.market. All intellectual property rights are reserved. You may access this from phocal.market for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from phocal.market

• Sell, rent or sub-license material from phocal.market

• Reproduce, duplicate or copy material from phocal.market

• Redistribute content from phocal.market

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Phocal. LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Phocal. LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Phocal. LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Phocal. LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Phocal. LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Phocal. LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to phocalmarket@gmail.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Phocal. LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.