1. Privacy Policy

What information E-sale collects and why

Information from website browsers

If you're just browsing the website, we collect the same basic information that most websites collect. We use common internet technologies, such as cookies and web server logs. This is stuff we collect from everybody, whether they have an account or not. The information we collect about all visitors to our website includes the visitor’s browser type, language preference, referring site, additional websites requested, and the date and time of each visitor request. We also collect potentially personally-identifying information like Internet Protocol (IP) addresses.
Why do we collect this?
We collect this information to better understand how our website visitors use E-sale, and to monitor and protect the security of the website.

Information from users with accounts

If you create an account, we require some basic information at the time of account creation. You will create your own user name and password, and we will ask you for a valid email account. You also have the option to give us more information if you want to, and this may include "User Personal Information." "User Personal Information" is any information about one of our users which could, alone or together with other information, personally identify him or her. Information such as a user name and password, an email address, a real name, and a photograph are examples of “User Personal Information.” User Personal Information does not include aggregated, non-personally identifying information. We may use aggregated, non-personally identifying information to operate, improve, and optimize our website and service.

Why do we collect this?

What information E-sale does not collect

We do not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although E-sale does not request or intentionally collect any sensitive personal information, we realize that you might store this kind of information in your account. If you store any sensitive personal information on our servers, you are consenting to our storage of that information on our servers. If you're a child under the age of 13, you may not have an account on E-sale. E-sale does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will unfortunately have to close your account.

How we share the information we collect

We do not share, sell, rent, or trade User Personal Information with third parties for their commercial purposes. We do not disclose User Personal Information outside E-sale, except in the situations listed in this section or in the section below on Compelled Disclosure. We may occasionally embed content from third party sites, such as YouTube, and that content may include ads. While we try to minimize the amount of ads our embedded content contains, we can't always control what third parties show. We may share User Personal Information with a limited number of third-party vendors who process it on our behalf to provide or improve our service, and who have agreed to privacy restrictions similar to our own Privacy Statement. Our vendors perform services such as payment processing, customer support ticketing, network data transmission, and other similar services. We may share User Personal Information if we are involved in a merger, sale, or acquisition. If any such change of ownership happens, we will ensure that it is under terms that preserve the confidentiality of User Personal Information, and we will notify you on our website or by email before any transfer of your User Personal Information. The organization receiving any User Personal Information will have to honor any promises we have made in our Privacy Statement or in our Terms of Service.

Public Information on E-sale

Much of E-sale is public-facing. If your content is public-facing, third parties may access and use it in compliance with our Terms of Service. We do not sell that content; it is yours. However, we do allow third parties, such as research organizations or archives, to compile public-facing E-sale information. Your Personal Information, associated with your content, may be gathered by third parties in these compilations of E-sale data. If you do not want your Personal Information to appear in third parties’ compilations of E-sale data, please do not make your Personal Information publicly available and be sure to configure your email address to be private in your user profile. If you would like to compile E-sale data, you may only use any public-facing Personal Information you gather for the purpose for which our user has authorized it. For example, where a E-sale user has made an email address public-facing for the purpose of identification and attribution, do not use that email address for commercial advertising. We expect you to reasonably secure any Personal Information you have gathered from E-sale, and to respond promptly to complaints, removal requests, and "do not contact" requests from E-sale or E-sale users. Similarly, projects on E-sale may include publicly available Personal Information collected as part of the collaborative process. In the event that a E-sale project contains publicly available Personal Information that does not belong to E-sale users, we will only use that Personal Information for the limited purpose for which it was collected, and we will secure that Personal Information as we would secure any User Personal Information. If you have a complaint about any Personal Information on E-sale, please see our section on resolving complaints.

Our use of cookies and tracking

Cookies

E-sale uses cookies to make interactions with our service easy and meaningful. We use cookies (and similar technologies, like HTML5 localStorage) to keep you logged in, remember your preferences, and provide information for future development of E-sale. A cookie is a small piece of text that our web server stores on your computer or mobile device, which your browser sends to us when you return to our site. Cookies do not necessarily identify you if you are merely visiting E-sale; however, a cookie may store a unique identifier for each logged in user. The cookies E-sale sets are essential for the operation of the website, or are used for performance or functionality. By using our website, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device’s ability to accept cookies, you will not be able to log in or use E-sale’s services.
We use the following types of cookie: We have no access to third party cookies and third party organisations have no access to ours. The third party organisations that place cookies have their own strict privacy policies.

How E-sale secures your information

E-sale takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. For more information, see our security disclosures.

E-sale's global privacy practices

Information that we collect will be stored and processed  in accordance with this Privacy Statement. We provide the same standard of privacy protection to all our users around the world, regardless of their country of origin or location, and we are proud of the levels of notice, choice, accountability, security, data integrity, access, and recourse we provide. We have appointed a Privacy Counsel and we work hard to comply with the applicable data privacy laws wherever we do business. Additionally, we require that if our vendors or affiliates have access to User Personal Information, they must comply with our privacy policies and with applicable data privacy laws, including signing data transfer agreements such as Standard Contractual Clause agreements. In particular:

Resolving Complaints

If you have concerns about the way E-sale is handling your User Personal Information, please let us know immediately. We want to help. We will respond within 45 days at the latest.

How we respond to compelled disclosure

E-sale may disclose personally-identifying information or other information we collect about you to law enforcement in response to a valid subpoena, court order, warrant, or similar government order, or when we believe in good faith that disclosure is reasonably necessary to protect our property or rights, or those of third parties or the public at large. In complying with court orders and similar legal processes, E-sale strives for transparency. When permitted, we will make a reasonable effort to notify users of any disclosure of their information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.

How you can access and control the information we collect

If you're already a E-sale user, you may access, update, alter, or delete your basic user profile information by editing your user profile or contacting E-sale Support.

Data Retention and Deletion

E-sale will retain User Personal Information for as long as your account is active or as needed to provide you services. We may retain certain User Personal Information indefinitely, unless you delete it or request its deletion. For example, we don’t automatically delete inactive user accounts, so unless you choose to delete your account, we will retain your account information indefinitely. If you would like to cancel your account or delete your User Personal Information, you may do so in your user profile. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile (within reason) within 30 days.

How we communicate with you

We will use your email address to communicate with you, if you've said that's okay, and only for the reasons you’ve said that’s okay. You may manage your communication preferences in your user profile.

Changes to our Privacy Statement

Although most changes are likely to be minor, E-sale may change our Privacy Statement from time to time. We will provide notification to Users of material changes to this Privacy Statement through our Website. For changes to this Privacy Statement that do not affect your rights, we encourage visitors to check this page frequently.

Contacting E-sale

Questions and requests regarding E-sale's Privacy Statement or information practices should be directed to support@ignimedia.com.

2. Terms and Conditions

  1. Acceptance of our Terms

    E-sale provides a collection of online resources, (referred to as "the Service") subject to the Terms of Use ("Terms"), which may be updated by E-sale at any time. E-sale will provide notice of significant changes to the Term by posting this notice on the E-sale website. By using the website in any way, you agree to comply with these Terms. Addditionally, when using particular E-sale services, you agree to conform to any applicable posted guidelines for all E-sale services, which may change periodically. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with E-sale in any way, your only choice is to immediately discontinue use of E-sale.

  2. Content

    You understand that all listings, messages, comments, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you upload, email or otherwise make available via the Service. You understand that E-sale does not control, and is not responsible for Content made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the E-sale site and Content available through the website may contain links to other websites, which are completely unrelated to E-sale. E-sale makes no representation or
    guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is at your completely own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will E-sale be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge that E-sale does not pre-screen or approve Content, but that E-sale will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.

  3. Notification of Claims of Infringement

    If you believe that your work has been copied in a way that infringes copyright, or your intellectual property rights have been otherwise violated, please notify a E-sale agent for notice of claims of copyright or other intellectual property infringement ("Agent"), via the customer care links on E-sale.

    Please provide our representatives with the following Notice:
    1. Identify the copyrighted work or other intellectual property that you claim has been infringed upon;
    2. Identify the content on the E-sale site that you claim is infringing, with enough detail so that we may locate it on the website;
    3. A statement by you that you have good reason that the disputed use is not authorised by the copyright owner, its agent, or the law;
    4. A statement by you declaring (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
    5. Your address, telephone number, and email address; and
    6. Your physical or internet/electronic signature.

    E-sale will remove the infringing item(s).


  4. Conduct

    You agree not to post, email, or otherwise make available Content:

    * that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
    * that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    * that impersonates any person or entity, including, but not limited to, a E-sale employee, or falsely states or otherwise misrepresents your
    affiliation with a person or entity;
    * that includes personal or identifying information about another person without that person's explicit consent.
    * that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
    * that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to
    make available under any law or under contractual or fiduciary relationships.
    * that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
    commercial advertisement.
    * that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the E-sale sites which are not designated for such
    purposes; or (2) emailed to E-sale users who have requested not to be contacted about other services, products or commercial interests.
    * that includes links to commercial services or web sites, except as allowed in "services".
    * that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without
    limitation items the sale of which is prohibited or regulated by California law - a partial list of these is provided for your convenience
    * that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any
    computer software or hardware or telecommunications equipment;
    * that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
    * that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

    Additionally, you agree not to:

    * contact anyone who has asked not to be contacted;
    * "stalk" or otherwise harrass anyone;
    * collect personal data about other users for commercial or unlawful purposes;
    * use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
    * post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    * post the same item or service in more than one classified category or forum, or in more than one metropolitan area; or
    * attempt to gain unauthorized access to E-sale's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the E-sale website.

  5. No Spam Policy

    You understand and agree that sending unsolicited email advertisements to E-sale email addresses or through E-sale computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of E-sale computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

  6. Limitations on service

    You acknowledge that E-sale may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that E-sale has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that E-sale reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that E-sale shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  7. Termination of service

    You agree that E-sale, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if E-sale believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that E-sale shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

  8. Dealings with organizations and individuals

    Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that E-sale shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that E-sale is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release E-sale, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 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."

  9. Proprietary rights

    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. E-sale is a registered mark in the U.S. Patent and Trademark Office. Although E-sale does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to E-sale an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
    copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

  10. Disclaimer of Warranties

    YOU AGREE THAT USE OF THE E-sale SITE AND THE SERVICE IS ENTIRELY AT YOUR
    OWN RISK. THE E-sale SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, E-sale DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE E-sale SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, E-sale DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE E-sale SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE E-sale SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, E-sale DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE E-sale SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  11. Limitations of Liability

    UNDER NO CIRCUMSTANCES SHALL E-sale BE LIABLE FOR DIRECT, INDIRECT,
    INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF E-sale HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE E-sale SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE E-sale SITE OR THE SERVICE, FROM INABILITY TO USE THE E-sale SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE E-sale SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE E-sale SITE OR THE SERVICE OR ANY LINKS ON THE E-sale SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE E-sale SITE OR THE SERVICE OR ANY LINKS ON THE E-sale SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

  12. Indemnity

    You agree to indemnify and hold E-sale, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  13. General information

    The Terms constitute the entire agreement between you and E-sale and govern your use of the Service, superceding any prior agreements between you and E-sale. The Terms and the relationship between you and E-sale shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and E-sale agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of E-sale to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  14. Violations of Terms and Liquidated Damages

    Please report any violations of the Terms, by notifying us for abuse of terms. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Acknowledgements: E-sale uses artwork (stickers) created by Renee French.
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