Welcome to Fameseller.com an online marketplace that allows third-party sellers to list an asset for sale; and to connect, communicate, and transact with buyers.
The use of the online services provided by fameseller.com is governed by the terms and conditions set out below ("this Agreement"). Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button or checkbox on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services (as defined below) you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
1.2 You agree that you will only use the Personal Information of other Sellers or Buyers for the purposes of this Agreement and for the purposes of interacting with them in relation to the sale or purchase of a Digital Asset. Unless separately agreed between you and another Seller or Buyer, you must not use their Personal Information for any other purpose.
1.3 You warrant to Fameseller and its third party providers that you will comply with all privacy laws and data protection laws in relation to the storage, use and transfer of Personal Information.
2. Services Offered by Fameseller
2.1 Fameseller provides an online service that allows businesses and brands to sell, buy, transfer their brand’s social media presence (“Digital Assets”) to another business or brand, in accordance with and subject to, the terms and conditions of this Agreement, and individual social media platform TOS, whereby ("Services"):
Sellers may, via Fameseller.com, advertise their Digital Assets for sale whether by way of a Classified or Auction;
Buyers may, via Fameseller.com, contact Sellers to offer to purchase their Digital Assets; and
Buyers may, via Fameseller.com, bid in Auctions conducted by Sellers.
2.2 You, as a user of the Services, may use the Services in the capacity as a Seller, Buyer or both a Seller and a Buyer. The terms and conditions of this Agreement will apply to your use of the Services in either or both of those capacities.
3. Listing Classifieds and Auctions
3.1 Conduct in Accordance with Listing Rules
Your participation as a Buyer or Seller in a Classified or Auction will at all times be governed by the Listing Rules. You agree that you are bound by the Listing Rules and will comply with the Rules.
3.2 Advertising a Classified or Auction
You may, as a Seller, advertise your Digital Assets for sale via a Classified. You may do so by placing a Listing on Fameseller.com
3.3 Digital Assets You Can Sell
You must only list Digital Assets for sale which you own and which you are entitled to sell. By creating a Listing for a Digital Assets, you are warranting to Fameseller and to each Buyer that:
you are the owner of all Intellectual Property Rights and all other rights, title and interest in the Digital Assets;
the Digital Assets and all of its components are transferable to the Buyer;
all Third Party Agreements are transferable to the Buyer; and
the Buyer may be registered as the owner of the domain name for the Digital Asset and that domain name may be transferred to another registrar.
You are restricted from placing Listings to sell Digital Assets which:
are obscene, vulgar and/or deemed by Fameseller to be offensive;
contain material which infringes the Intellectual Property Rights of a third party or which assists others to infringe the Intellectual Property Rights of a third party;
are engaged in activities which contravene the law of any territory; or
contravene any provision of the Listing Rules.
3.4 Classified and Auction Requirements
In listing your Digital Assets, you agree to comply with the requirements in relation to Auctions and Classifieds as set out in these terms and conditions or as set out in the Listing Rules.
When you advertise your Digital Asset:
you must specify all details requested by Fameseller.com in relation to the Listing;
you must conduct the Auction using the Auction engine provided by Fameseller.com;
you must conduct the Auction in accordance with the Rules; and
you must sell your Digital Asset to the Winning Offer.
3.5 Conduct of Buyers
As a Buyer, you may offer to purchase a Digital Asset of a Seller via Fameseller.com. Your offer to purchase must be submitted via Fameseller.com. In the case of an Auction, your offer to purchase will be submitted as a bid in the Auction. All offers to purchase a Digital Asset (including an Auction bid) must be made in accordance with the Rules.
3.6 What must be sold as part of a Digital Asset
Any business/brand social media assets listed for sale on Fameseller.com must offer for sale:
all intellectual property pertaining to the listed brand or business page including (but not limited to) email addresses, social media handles, logins, passwords, trademarks, registration documents, company formation documents;
all files related to the brand or business including logos, images, music, animation, films and other media;
all advertised domain names for the website must be transferable to another registrar; and
if specified by the Seller, all of the Seller's rights and obligations in relation to any Third Party Agreements.
4. Legal Relationship Between Buyers and Sellers
4.1 Legal Status of Agreeing to Sell a Digital Asset
When a Seller agrees to sell a Digital Asset to a Buyer and the Buyer agrees to purchase that Digital Asset, then that agreement for the sale of the Digital Asset ("Sale Agreement") will be legally binding on both the Seller and the Buyer.
An offer to purchase a Digital Asset, is binding and irrevocable on the Buyer.
In the case of a bid at an Auction, the offer to purchase a Digital Asset will terminate once a higher bid is made by a third party.
The Buyer's offer to purchase a Digital Asset will not become binding upon a Seller until it is accepted by a Seller. This includes any bids made by the Buyer in an Auction which must be accepted by the Seller for the bid to be valid.
5. Fameseller’s Role in Relation to Listing Auctions and Classifieds
5.1 Fameseller.com provides a software engine and website to enable:
Sellers and Buyers to meet;
Sellers to place Listings to advertise their Digital Asset for sale; and
Sellers to conduct Auctions, Classifieds or Catalog Sales of their Digital Asset.
5.2 You acknowledge and agree that:
Fameseller is not an auctioneer;
Fameseller does not conduct Auctions on behalf of Sellers. All Auctions are conducted by Sellers on their own behalf;
Fameseller does not facilitate payments between Buyers and Sellers;
Fameseller and its Associates are not responsible in any way for the compliance by each Buyer or Seller with the Sale Agreement. Fameseller do not guarantee and cannot ensure that a Buyer or Seller will actually complete a sale of a Digital Asset or act lawfully in their use of Fameseller.com; and
Fameseller merely provides the software and website (being Fameseller.com) by which Seller's may conduct their own Auctions and Classifieds.
Fameseller does not guarantee any claims or promises made by Sellers or Buyers.
Fameseller does not monitor authenticity of any users or members of our site and will not be held liable for their actions.
Fameseller is not liable for what happens in relation to Digital Assets after the Listing expires on Fameseller.com
5.3 You agree that Fameseller is an independent service provider to you and is not the employee, agent, partner, joint venturer or subcontractor of any Seller or Buyer in relation to the sale of a Digital Asset. Fameseller's only role in that sale is the role set out in clauses 5.1 and 5.2 above.
5.4 You agree that you do not have the power to bind Fameseller in relation to any obligation owing to a third party. You agree that by using the Services (either as Seller or Buyer) that Fameseller, in providing the Services and your access to Fameseller.com, is providing a platform for you to be introduced to other Sellers or Buyers (as the case may be). Fameseller is not a party to any transaction or agreement between any Seller or Buyer and is not responsible for any act or omission of any Seller or Buyer.
6. Processing of Refunds
6.1 How refunds are paid
If Fameseller issues you a refund, that refund will be paid to you using the same payment methods you used to pay any Fees to Fameseller or via any other method Fameseller chooses from time to time.
6.2 Withdrawal of a Classified or Auction
If you, as a Seller withdraw a Classified or Auction (where permitted by the Rules), then unless we otherwise expressly state to the contrary, there will be no refund of any amount of the Fees paid by the seller in respect of the Classified, Catalog Sale or Auction.
6.3 Circumstances in which a refund may be paid
Fameseller may refund an amount of any Fameseller Fees paid by you if:
any refund policy in the Rules entitle you to a refund; or
Fameseller is required by law or considers that it is required by law to do so.
Fameseller's determination as to whether a refund is required by this clause is final and conclusive and may not be challenged by you.
7. Suspension of the Services
7.1 Without limiting Fameseller’s other rights arising under this Agreement, Fameseller may suspend your User Account and your use of the Services at any time, with or without notice to you, and for any reason in its sole and absolute discretion, including if:
Fameseller considers that you have breached any of your obligations to Fameseller under this Agreement;
Fameseller considers that you are using your User Account in bad faith or to collude in any way to reduce the amount of Fees that would ordinarily be payable to Fameseller;
you are using your User Account or the Services for illegal or fraudulent means or in a manner which Fameseller in its sole discretion considers offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
in Fameseller’s sole and absolute opinion, the provision of the Services to you is resulting in an unreasonable load on Fameseller’s servers or Fameseller’s other services;
if a notice of a claimed copyright infringement has been lodged against you, subject to the outcome of Fameseller's notice and takedown procedures; or
if Fameseller has reasonable grounds to believe that you are a repeat infringer of copyright or other Intellectual Property Rights.
7.2 You agree:
Fameseller may suspend the Services where permitted under clause 10.1 at any time including without limitation, during or after a Listing
Fameseller’s suspension of the Services may, in Fameseller’s sole discretion, apply to only some of the Services and/or for a fixed or indefinite period of time; and
Fameseller may in its sole discretion reactivate the Services and your User Account for you at any time following suspension.
7.3 For the avoidance of doubt, you may not make withdrawals of, or spend any Fameseller Credits during any period of suspension of your User Account. Further Fameseller may in its discretion retain the balance of all Fameseller Credits in your account towards compensating Fameseller for any loss and damage it may have suffered as a result of your breach of this Agreement which lead to the User Account suspension.
7.4 During a suspension of your User Account, any Listings (whether for Auction or Classified) will be suspended or terminated (as determined by us in our sole and absolute discretion).
8. Creating a User Account to Use the Services
8.1 Creating a User Account
You agree to create a User Account with Fameseller in order to use the Services.
Your User Account will be created using Fameseller's online sign up process, or any other method specified by Fameseller from time to time.
Your User Account will permit you to login to Fameseller.com to manage your User Account, make use of Fameseller.com and to manage other details involving your relationship with Fameseller.
You agree to keep confidential and secure any username or password used to access your User Account.
You warrant that all information provided to Fameseller in the setup of your User Account is true and correct in every detail.
All users of the Services must be 18 years of age or older. By creating a User Account, you represent and warrant to Fameseller that you are 18 years of age or older and you can form legally binding agreements under applicable law. You may however permit minors under 18 years of age to use your User Account on your behalf provided that you are their parent or legal guardian, and provided that their use of your User Account occurs under your supervision at all times. If you do permit a minor to use your User Account in accordance with the forgoing then you agree that you are responsible for their actions, omissions or negligence and you indemnify Fameseller against any loss, cost, expense or damage it may suffer as a result of the same.
You agree to only maintain one User Account in relation to your use of the Services and Fameseller.com.
You agree to provide Fameseller with all identification documents (including copies of passports and drivers licences) which Fameseller requests from you from time to time for the purposes of verifying your identity.
You agree to receive email communications from Fameseller for commercial purposes. You are able to opt out of these emails later if you wish.
8.2 Use of Your User Account and Fameseller.com
You agree that you will only use your User Account and Fameseller.com for the purposes of using the Services and for no other purpose. In particular, in using your User Account and accessing Fameseller.com, you will not:
Breach the Rules;
resell or sublicense the use of Fameseller.com or your User Account to any other person;
use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable;
use your User Account to stalk or harass another person;
use your User Account to impersonate any person in any way whatsoever;
use your User Account to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person;
use your User Account for sending advertising, chain letters, junk mail, "spamming" or any other type of unsolicited email;
forge or alter the header or address information contained in any email or communication which you send from your User Account or in relation to the Services;
use your User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
use your User Account in such a way which damages Fameseller.com or denies access to Fameseller.com to other users of Fameseller.com;
intentionally or recklessly use your User Account in a way that degrades the performance of Fameseller.com for other users; and
cancel an Auction or Classified initiated by you (including any cancellation as a result of a termination of this Agreement) for the purpose of contracting separately with a Buyer you meet through Fameseller.com which results in you avoiding paying Fameseller any Fees (including a Success Fee). In these circumstances, without limiting Fameseller remedies against you, Fameseller may recover its lost Fees from you by suspending your User Account and/or deducting its loss from any Fameseller Balance Credits in your User Account.
Fameseller may amend the terms and conditions of this Agreement at any time. Such amendments will take effect from the date of their notification to you ("Amendment Date"). You agree that without limiting the ways in which it may be bound by such amendments, you will be deemed to have agreed to such amendments by making use of or accessing your User Account or Fameseller.com after the Amendment Date.