Sella provides services such as item photography, price research, listing management, local storage, payment collection, escrow, fulfillment, and returns management, to make it easier for people to transact on peer-to-peer resale marketplaces.
We will collectively refer to the services we provide as the "Service(s)." The Services may be made available through www.hellosella.com (this "Website"), installed software, and various communication mediums such as email, SMS, telephone and mobile messaging.
You hereby agree to indemnify and hold harmless Sella and our business partners, third party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorney's fees) in connection with any claim or action that arises in any way from (a) an alleged violation of the Terms or (b) your use of the Services.
YOU USE THE SERVICES AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Materials on this Website and provided in connection with the Services, including but not limited to text, images, illustrations, software, animations, audio clips, video clips and any tools available on this Website, if applicable, are owned or otherwise provided by Sella, and Sella does not represent or warrant that such material does not infringe the rights of any other person or entity.
Trademarks, logos and service marks (collectively, "Marks") displayed on this Website and provided in connection with the Services are registered or unregistered Marks of Sella or third parties, are the property of their respective owners, and may not be used without written permission of Sella or of the owner of such Marks respectively.
Any information or material contained on this Website or provided in connection with the Services that may be reproduced pursuant to these Terms must bear the proprietary rights notices that originally appeared on or in conjunction with such information or material.
You acknowledge that information or material which you provide electronically through your access to or usage of the Services is not confidential or proprietary, except as may be required under applicable law, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss.
Unless expressly provided otherwise by Sella, all comments, feedback, information or materials submitted to Sella through or in association with the Services shall be considered non-confidential and Sella's property. By submitting such comments, feedback, information or materials to Sella, you agree to a no-charge assignment to Sella of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Sella shall be free to use, copy or distribute such comments, feedback, information or materials on an unrestricted basis without accounting to you.
WE AND OUR SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), DIRECTORS, OFFICERS, AFFILIATES, INSURERS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING ANY LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.