Terms of Service for MorphMarket
Last updated on December 30, 2023
These Terms of Service ("Terms"), and all policies, rules, guidelines, and additional terms posted on and in our site, platform, mobile and web applications, tools, and/or services (collectively, "Services") set out the terms on which MorphMarket, LLC, a Kansas limited liability company ("MorphMarket," "we," "us," or "our" and similar terms) offers you access to and use of our Services. All policies, rules, guidelines, and additional terms posted on and in our Services are hereby incorporated into these Terms by this reference and can be found at https://support.morphmarket.com/. These Terms are a binding contract between MorphMarket and you ("Customer," "you," or "your"). You agree to comply with these Terms when downloading, installing, accessing, viewing, registering for, or using our Services. If you disagree with these Terms, or any part thereof, you must not use our Services.
THESE TERMS TAKE EFFECT WHEN YOU CLICK THE “I ACCEPT” WHEN PROMPTED TO DO SO ON AN EXISTING ACCOUNT, OR WHEN REGISTERING FOR OUR SERVICES OR BY ACCESSING OUR SERVICES (the “Effective Date”). BY CLICKING ON THE “I ACCEPT” BUTTON OR BY ACCESSING OR USING OUR SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS AND, IF ENTERING INTO THESE TERMS FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS.
Please be advised that these Terms contain provisions that govern how claims you and we have against each other are resolved (see for example, “No Warranties,” “Limitation of Liability,” “Releases,” and “Governing Law” provisions below).
Nothing on our Services constitute, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
MorphMarket is an online marketplace that provides a platform allowing users to offer, sell, auction, bid, and buy live plants and living reptiles, amphibians, aquatics, and invertebrates (each a “Living Item” collectively referred to herein as “Living Items”), in various geographic locations using a variety of pricing formats. MorphMarket is not a party to contracts for sale between sellers and buyers. We do not act as a traditional auctioneer and do not perform the role of a traditional auctioneer. We do not take possession of any Living Items, handle escrow, or process payments. Instead, MorphMarket simply provides the technological infrastructure through which users can connect and transact with each other. MorphMarket is not a seller. We have no information to verify or contradict the information or content posted by a user. Any guidance MorphMarket provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers in certain circumstances, but are under no obligation to do so.
MorphMarket makes no representation or guaranty, does not warrant, and has no control whatsoever over:
- the existence, quality, fitness for a specific purpose, health, heredity, genetics, safety, or legality of the Living Items advertised;
- the truth or accuracy of users’ content or listings;
- the ability of sellers to sell the Living Items;
- the ability of buyers to pay for the Living Items;
- that a buyer or seller will actually complete a transaction or resolve a dispute; or
- any shipping delays, required documentation, or additional fees or surcharges to ship or transport the Living Items.
MorphMarket does not have any control whatsoever over when title and risk in a Living Item will pass from the seller to the buyer or from seller to recipient. MorphMarket does not act as the agent or representative of any user for any purpose in relation to these Terms or the Services.
MorphMarket is neither involved in nor responsible for the delivery of a Living Item. The method of, and any charges for, delivery of a Living Item is determined by the seller. The seller may post instructions on the Services regarding delivery or collection of a Living Item, and such instructions may be contained within automated emails sent in the Services on behalf of the seller. However, MorphMarket is not responsible for the content of these instructions and in the event of any difficulty in receiving a Living Item, the buyer’s sole recourse is to seek redress from the seller.
MorphMarket is not responsible for promoting or marketing your listing or auction. MorphMarket does not offer refunds on user accounts or membership plans.
You must be at least 18 (eighteen) years of age to use our Services. By using our Services and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age.
Subject to these Terms, including all policies, rules, guidelines, and additional terms posted on or in our Services, MorphMarket hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right to access and use the Services solely for (a) listing and offering your Living Items and related items for sale or auction; (b) bidding on or purchasing Living Items and related items from sellers; (c) communicating with us or potential buyers and sellers; and/or (d) communicating with other MorphMarket members or users of our Services. All such usage of our Services must be in accordance with these Terms.
Unless otherwise stated, MorphMarket and/or its licensors own the Intellectual Property Rights (defined below) in and to the Services, including its applications and website. Subject to the limited license granted in this section, all such Intellectual Property Rights are reserved.
Acceptable Use of MorphMarket
In connection with downloading, installing, viewing, registering for, using, and/or accessing our Services you agree to comply with these Terms, along with our policies, rules, guidelines, our other terms, and all applicable laws, rules, and regulations. You agree that you shall not:
- Breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status or ratings.
- Use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions.
- Fail to pay for Living Items purchased by you, unless you have a valid reason as set out in one of our policies, for example, where the seller has materially changed the Living Item’s description after you bid.
- Fail to deliver Living Items or any related items sold by you, unless you have a valid reason as set out in one of our policies.
- Manipulate the price of any Living Item or interfere with any other user’s listings.
- Take any action that may undermine the feedback or ratings systems.
- Transfer your MorphMarket account (including feedback) and user ID to another party without our consent.
- Share your log in credentials with any outside third parties.
- Create listings, post, or upload content in inappropriate categories or areas on our sites.
- Engage in gambling.
- Post false, inaccurate, misleading, deceptive, defamatory, libelous, obscene, indecent, offensive, threatening, abusive, hateful, or illegal content.
- Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
- Distribute viruses or any other technologies that may harm MorphMarket, our Services, or the interests or property of our users.
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of MorphMarket.
- Circumvent any technical measures used to provide our Services.
- Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure.
- Export or re-export any MorphMarket application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions.
- Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights or interests (collectively, “Intellectual Property Rights”) that belong to or are licensed to MorphMarket. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to MorphMarket or someone else without permission.
- Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you.
- Sell, rent, or sub-license material or content generated from our Services.
- Commercialize any MorphMarket application or any information, data, or software associated with such application, except with the prior express permission of us.
- Harvest or otherwise collect or use information about users without their consent.
- Use our Services to transmit or send unsolicited communications.
- Use our Services for any purposes related to marketing, whether for-profit or not, without the express written consent of MorphMarket. This includes, but is not limited to, soliciting donations through our messages system.
If we believe you are violating these Terms or any of our policies, rules, or guidelines, or abusing MorphMarket and/or our Services in any way, we may, in our sole discretion, with or without notice, and without limiting other remedies, (a) limit, suspend, or terminate your user account(s), membership, and access to our Services; (b) delay or remove hosted content; (c) remove any special status associated with your account(s); (d) remove, not display, and/or demote your listings or auctions; (e) reduce or eliminate any discounts; and/or (f) take technical and/or legal steps to prevent you from using our Services. If you are aware of a possible violation of these Terms or any of our policies, rules, or guidelines posted on our Services, please email [email protected] with a detailed description of the possible violation for us to investigate.
If we believe you are violating these Terms, including any of our policies, rules, or guidelines, you may be subject to a range of actions, including (a) limits on your bidding, buying, and selling privileges; (b) restrictions on listings, auctions, and account features; (c) suspension of your account or membership; (d) application of fees; (e) recovery of expenses for policy monitoring and enforcement; and/or (f) blockage or removal from our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason, with or without notice, at our discretion.
MorphMarket now allows the sale of live plants on our Services. As a seller, you may list or auction live plants; as a buyer, you may bid on and/or purchase live plants.
Live plants listed or sold on our Services may not be safe for humans or animals. It is the seller’s responsibility to notify buyers about any potential health risks posed by the seller’s live plants. Sellers must secure tags to the live plants with applicable safety information that clearly identify any toxins, poisons, sharp or thorny branches or leaves, and/or other potential hazards or health concerns to humans or animals.
All live plants listed, auctioned, sold, or purchased on our Services must be legal to buy, sell, and transport in the applicable jurisdiction(s). It is the seller’s responsibility to be knowledgeable about and comply with all applicable federal, state, and local laws, rules, regulations, and ordinances pertaining to the selling, transporting, and shipping of live plants.
MorphMarket is not responsible or liable for any (a) live plant sold without a warning or safety information; (b) live plant sold with incorrect or false warnings or safety information; (c) damages or injuries caused to other humans or animals by a live plant; and/or (d) violation of, or non-compliance with, any applicable law, rule, regulation, or ordinance related to live plants.
The National Plant Board has compiled a list of state-specific regulations that can be found at https://www.nationalplantboard.org/state-law--regulation-summaries.html. MorphMarket is not affiliated with the National Plant Board, and we do not guarantee that this information is up-to-date or accurate. We do not assume responsibility for any inaccuracies or discrepancies in the regulations listed by the National Plant Board or on its site. Users are advised to verify the information independently and refer to official state authorities for the most up-to-date and accurate regulations.
Compliance with Laws
Many states or municipalities have laws, regulations, or ordinances related to selling, buying, breeding, transporting, growing, housing, and/or keeping Living Items (live plants and living reptiles, amphibians, aquatics, and invertebrates). You acknowledge and agree that MorphMarket is not responsible for educating sellers or buyers on such laws, regulations, or ordinances. It is your responsibility to be aware of and comply with all international, federal, state, and local laws (including, but not limited to, the Lacey Act) related to or governing your activities using our Services. This requirement applies to all users of our Services, including sellers and buyers.
You hereby agree to indemnify, defend, and hold MorphMarket, our affiliates, and our and our affiliates’ members, managers, stockholders, officers, directors, agents, employees, successors, and assigns (collectively, “MorphMarket Parties”) harmless from and against any and all damages, claims, liabilities, demands, causes of actions, judgments, settlements, losses, costs, and/or expenses (including attorneys’ fees) made by any third party due to or arising out of your noncompliance with, or actions or omissions in violation of, any law, statute, rule, regulation, or ordinance governing or related to the selling of, breeding, displaying, transporting, buying, renting, keeping, housing, boarding, and/or exploiting a Living Item.
Assumption of Risks
You agree that selling, breeding, buying, transporting, shipping, housing, boarding, storing, handling, and/or keeping Living Items can be hazardous to your health or the health of others and could result in injuries, including paralysis or death, or expenses such as medical bills. You acknowledge and understand that participation in the Services and aforementioned activities related to Living Items can be hazardous to your health and could result in injuries, including disability, paralysis, or death. You further acknowledge and understand that there are additional risks, hazards, and dangers to yourself and others that cannot be eliminated in connection with our Services. You hereby agree to assume the entire risk of any and all obstacles, hazards, damages, occurrences, accidents, and personal injury, including, but not limited to, disability, paralysis, or death, that you or another person may suffer while using or participating in the Services.
All sellers must comply with our Rules, Code of Ethics, Default Store Policy, and other policies and beliefs found at https://support.morphmarket.com/category/28-cat2. Sellers also must comply with the requirements and policies set out in the materials listed at https://support.morphmarket.com/category/29-cat3. MorphMarket reserves the right to update these rules, guidelines, policies, and beliefs from time-to-time. Failure to meet these standards may result in MorphMarket charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your account, membership plan, auctions, and/or listings.
We charge sellers for the use of our Services through our membership plans outlined at https://www.morphmarket.com/us/pricing/. We may change our membership plans and pricing from time-to-time by posting the changes on our website in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
You as a seller must have a payment method on file when using our selling Services and pay all membership fees and applicable taxes associated with your use of our Services by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your account. MorphMarket, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information MorphMarket reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at MorphMarket, 811 East Lincoln Street, Wichita, Kansas 67211 or [email protected]. If you wish to dispute the information a collection agency reported to a credit bureau regarding your MorphMarket account, you must contact the collection agency directly.
If you are a seller, you are responsible for obtaining all permits, licenses, and/or other registrations required for offering any Living Item for sale (collectively, “Seller Permits”). MorphMarket is not responsible for any such Seller Permits and will not assist you in obtaining any Seller Permits.
As a seller, you are also liable for any and all fees or assessments arising out of all sales made using some or all of our Services, including income taxes, sales taxes, use tax, and any other fees or charges assessed based on your sales or jurisdiction. You are responsible for providing all sales terms and completing payment outside of MorphMarket by providing your buyer with payment information for your Square account, PayPal, or other form of payment processor.
Seller Listing Conditions
When listing or auctioning a Living Item for sale on our Services, you agree to comply with our our Rules, Code of Ethics, Default Store Policy, and all other requirements and policies listed at https://support.morphmarket.com/category/29-cat3. In the event of an inconsistency between the seller’s store policy and these Terms, the terms of these Terms will prevail.
You also agree that:
- You assume full responsibility for the Living Item offered and the accuracy and content of the listing or auction, including listing content created using tools offered by MorphMarket or third parties such as templates, translation, image editing, and generative artificial intelligence tools.
- Your individual listings or auctions may only include text descriptions, graphics, pictures, and any other content relevant to the sale of that specific Living Item only.
- Subject to the seller’s store policy and these Terms, should the seller make available a Buy Now Option on a Living Item, the seller has 24 hours to accept or decline payment when a buyer exercises the Buy Now Option.
- Your listing or auction may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). MorphMarket cannot guarantee exact listing duration.
- If you pay for a standard or greater membership, you may be eligible to have listings that renew automatically. Fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or MorphMarket, in its sole discretion.
- The content you provide complies with all of our Rules and listing policies.
- Content that violates any of our policies may be modified, obfuscated, or deleted at MorphMarket’s sole discretion, with or without notice to you.
- We may, but are not obligated to, revise product data associated with listings or auctions to supplement, remove, or correct information.
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings or auctions in search and browse results will depend on a variety of factors, including, but not limited to:
- Buyer’s location, search query, browsing site, and history;
- Living Item’s type and location, listing or auction format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- Seller’s history, including listing practices, prior auctions, seller’s ratings, MorphMarket policy compliance, feedback, and defect rate; and
- Number of listings or auctions matching the buyer’s query.
- To drive a positive user experience, a listing or auction may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- A seller shall not manipulate the price of a Living Item or listing or auction operated by the seller, including by way of using a secondary account, an alias, or third party to bid for the Living Item.
- Some advanced listing or auction upgrades will only be visible on some of our Services.
- Metatags and URL links that are included in a listing or auction may be removed or altered.
- We may provide you with optional information to consider when creating your listings or auctions. Such information may be based on the aggregated sales and performance history of similar sold and/or current listings or auctions; results may vary for individual listings or auctions. You agree that we may display the sales and performance history of your individual listings or past auctions to other sellers.
- Artificial intelligence-based tools may be used to provide you with content; availability and accuracy of these tools and content are not guaranteed.
- You will not sell and will promptly remove all listings or auctions if the sale of the Living Item is prohibited by law or regulation or if the Living Item poses a health or safety hazard as specified by any governmental agency or our Rules and Code of Ethics. MorphMarket has no responsibility or liability for the safety of, or risks associated with, any Living Item that you list, auction, or sell using our Services. For more information see, the Compliance with Laws or Assumption of Risks sections in these Terms.
- As the seller, you are solely responsible for any (a) non-conformity or defect in your Living Item; or (b) violation of any applicable law, rule, regulation, or ordinance governing your Living Item or actions.
- MorphMarket may publish and promote your listings or auctions, including related content such as username, product reviews, and feedback on the websites or in the applications, services, and tools of our affiliates or cooperating third-party operators of websites, applications, services, and tools.
- Membership fees do not purchase exclusive rights to Living Item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
Buyer Purchase Conditions
When buying a Living Item using our Services, we encourage you to carefully read Buying Best Practices, How to Buy, Safe Purchasing, and What You Can Expect. We also provide other guidance, policies, and resources at https://support.morphmarket.com/category/31-buying. You agree to comply with our applicable rules and policies related to buyers and buying practices when using our Services.
You also agree that:
- You are responsible for reading the full Living Item listing, auction terms, and/or applicable store policy before making a bid or offer, buying, or committing to buy.
- You enter into a legally binding contract to purchase a Living Item when you buy the Living Item, commit to buy the Living Item, your offer for the Living Item is accepted, you have the winning bid for the Living Item, or your bid for the Living Item is otherwise accepted, regardless of when payment is due or received.
- Unless otherwise specified in the seller’s store policy, a buyer must arrange for payment of a Living Item within one (1) business day of the buyer being notified that it has made the winning bid for that Living Item. Payment may be made by any lawful mechanism which is acceptable to the seller or as otherwise set out in the seller’s store policy.
- If a buyer fails to complete a transaction for any reason, then the seller may cancel the buyer’s winning bid. The seller may relist the same Living Item for auction at the next opportunity for auction available under the seller’s membership plan (for example, the following month) or list the Living Item as a regular sale listing immediately following the incomplete transaction.
- Buyers must arrange payment for the Living Item with the seller directly.
- By bidding on a Living Item, a buyer agrees to be bound by the seller’s store policy or the Default Store Policy . The seller can delete a bid if the buyer does not comply with the applicable store policy.
- We do not transfer legal ownership of Living Item from the seller to you; instead, the seller is responsible for transferring legal ownership of the Living Item to you.
- Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller unless the buyer and the seller agree otherwise.
- It is the buyer’s responsibility to communicate with the seller and coordinate appropriate shipping or alternative shipping methods if the seller’s standard shipping policy is problematic or impracticable under the circumstances.
- As a buyer, you are responsible for knowing any and all applicable laws, rules, regulations, or ordinances governing buying, transporting, delivery of, housing, boarding, and/or keeping the Living Item you are purchasing in your jurisdiction.
As part of our Services, we will collect information about a buyer’s purchase history and display a buyer’s inquiry-to-purchase ratio on the applicable buyer’s profile.
Returns and Cancellations
Sellers are responsible for creating rules regarding replacements, returns, and refunds under certain circumstances, if applicable. Both sellers and buyers must comply with the underlined terms set forth in our Default Store Policy , which are mandatory and govern all listings and auctions. Sellers and buyers must otherwise comply with the remaining terms and conditions set forth in our Default Store Policy or seller’s store policy, as applicable, for each listing or auction.
The term “your content” or “user content” means material (including, without limitation, text, images, graphics, audio material, video material, and audio-visual material) that you submit to MorphMarket for whatever purpose. When you provide or post your content using our Services (directly or indirectly), you grant MorphMarket a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, all paid up, transferable, assignable, and sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in your content, including the right to use, reproduce, adapt, publish, translate, and distribute your user content, in connection with our provision, expansion, and promotion of our Services, including development of new offerings as part of our Services, in any media known now or developed in the future.
To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that user content against MorphMarket, our affiliates, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that user content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such user content you provide or post:
- You own or otherwise control all necessary rights to do so and to meet your obligations under these Terms.
- Your user content is accurate, appropriate, and legal.
- Use of any such user content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any Intellectual Property Rights of any third party.
- Your user content is not capable of giving rise to legal action whether against you, MorphMarket, or a third party (in each case under any applicable law).
- Your user content is not currently, nor has ever been, the subject of any threatened or actual legal proceedings or other similar complaint.
MorphMarket takes no responsibility and assumes no liability for any user content provided by you or any third party.
MorphMarket reserves the right to edit, alter, or remove any user content provided or posted by you in connection with our Services; however, MorphMarket is not obligated to monitor the submission of such user content to, or the publication of such user content on, our Services.
User Comments and Feedback
We welcome your comments and feedback regarding our Services. We appreciate hearing from you. If you submit feedback to us regarding our Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission will become solely our property. A User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure of any User Submission. We shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Investigation of Claims of Infringement
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Please see our DMCA Notice on how to report infringement located on the MorphMarket website or applications.
Our designated copyright agent to receive DMCA Notices is:Zac Nally
811 East Lincoln Street, Wichita, Kansas 67211
Product Data and Intellectual Property
From time-to-time, we may offer product data (including images, descriptions, and specifications) that are provided by us or third parties (including MorphMarket users). You may use such product data solely in your listings or auctions on our applications or website. MorphMarket may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings or auctions).
We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that MorphMarket is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name “MorphMarket” and our MorphMarket marks, logos, images, works, designs, and phrases that we use in connection with our Services (collectively, “MorphMarket Marks”) are trademarks, service marks, trade dress, or copyrights of MorphMarket in the U.S. and other countries. You may use MorphMarket Marks in connection with your listing or auction on our Services or as stated in our Logo Policy. However, you may not alter or modify our MorphMarket Marks in any way or use the MorphMarket Marks for any other purposes not contemplated in these Terms or our Logo Policy. We reserve the right to remove or delete the MorphMarket Marks from any listing or auction and/or require you to take down, remove, or delete the MorphMarket Marks from any display, post, or item in our absolute discretion.
Access to certain types or portions of the Services are restricted. MorphMarket reserves the right to restrict access to certain Services or refuse Services at our discretion.
If MorphMarket provides you with a user ID and password to enable you to access restricted areas on our website, applications, or other Services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. MorphMarket may disable your user ID and password at MorphMarket’s sole discretion without notice or explanation. Causes for such termination include, but are not limited to:
- Harassment or abusive conduct toward other individuals.
- Promoting products, services, or any other content other than Living Items which are listed in our marketplace.
- Breaking agreements with other parties using or accessing our Services.
- Scamming or any kind of dishonesty or misrepresentation.
- Any behavior that negatively impacts the health of our marketplace and Services.
If MorphMarket provides you with information about another user to fulfill a Service, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using our Services.
Communications With You
MorphMarket may, without further notice or warning and in its discretion, monitor or record phone conversations you or anyone acting on your behalf has with MorphMarket or its agents for quality control and training purposes, or for its own protection.
MorphMarket’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of these Terms, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. MorphMarket may store message contents, including to conduct this scanning and analysis.
Enforcement of these Terms
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our Terms, including any rules, guidelines, or policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, limit, suspend, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
Without prejudice to MorphMarket’s rights and interests under these Terms, if you violate these Terms, including any rules, guidelines, and/or policies, in any way, MorphMarket may take such action as MorphMarket deems appropriate to deal with the violation, including suspending your membership, prohibiting you from listing a Living Item, blocking access to our Services, blocking computers using your IP address from accessing our Services, contacting your internet service provider to request that they block your access to our Services, and/or bringing court proceedings against you.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to, our Services, including our applications and website. Bid update and other notification functionality in MorphMarket’s applications or website may not occur in real time. Such functionality is subject to delays beyond our control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms, and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the extent permitted by applicable law, in no event will MorphMarket or any MorphMarket Parties be liable to you or any third party under any claim at law or in equity for any special, exemplary, punitive, incidental, indirect, or consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses), and all such damages or losses are expressly excluded by these Terms whether or not they were foreseeable or MorphMarket was advised of such damages or losses. Without limiting the generality of the foregoing, we and the MorphMarket Parties are not liable, and you agree not to hold us responsible, for any special, exemplary, punitive, incidental, indirect, or consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses) resulting directly or indirectly from:
- The content you provide (directly or indirectly) using our Services;
- Your use of, or your inability to use, our Services;
- Pricing, shipping, format, or other guidance provided by MorphMarket;
- Delays or disruptions in our Services;
- Delays or disruptions in shipping (both domestic or international) or any related paperwork or documentation required to ship a Living Item;
- Viruses or other malicious software obtained by accessing or linking to our Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Services;
- Damage to your hardware device from the use of any MorphMarket Service;
- The content, actions, or inactions of third parties or other users, including sellers or buyers;
- Defective, unhealthy, or dead Living Items sold, purchased, or received using our Services;
- Noncompliance with any and all applicable laws, rules, regulations, or ordinances by us or any other user, including sellers or buyers;
- The information on our Services provided by third parties or other users is incomplete, incorrect, inaccurate, or misleading, including, but not limited to, content generated by users of the site, such as seller listings or auctions or information on buyer or seller profile pages, ads, or ratings;
- Any dispute or resolution between you and another user of our Services;
- A suspension, blockage, limitation, removal, or other action taken with respect to your account or membership, listing or auction, and/or breach of these Terms;
- The duration or manner in which your listings or auctions appear in search results; and/or
- Your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms or our rules, guidelines, or policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greatest of (a) the amount of fees in dispute, not to exceed the total fees you paid to us in the twelve (12) months prior to the action giving rise to the liability; or (b) One Hundred United States Dollars (US$100).
By using our Services, you agree that the exclusions of warranties and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use our Services.
If you have a dispute with one or more MorphMarket users, including a buyer or seller, you release MorphMarket and the MorphMarket Parties from any and all claims, demands, liabilities, causes of action, losses, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You accept that, as a limited liability company, MorphMarket has an interest in limiting the personal liability of the MorphMarket Parties. You agree that you will not bring any claim personally against any MorphMarket Parties in respect of any losses you suffer in connection with our Services.
You hereby agree to indemnify, defend, and hold MorphMarket and any MorphMarket Parties, harmless from and against any and all damages, claims, liabilities, demands, causes of actions, judgments, settlements, losses, costs, and/or expenses (including attorneys’ fees) made by any third party due to or arising out of your (a) breach of these Terms; (b) improper use of our Services; (c) failure to provide adequate warnings or safety information related to your Living Item; (d) any injuries or damages your Living Item causes to a third party or other user; and/or (e) your breach of any law or the rights of a third party, including, without limitation, fraud, misrepresentation, infringement, and/or misappropriation.
You hereby agree to indemnify, defend, and hold MorphMarket and any MorphMarket Parties, harmless from and against any and all damages, claims, liabilities, demands, causes of actions, judgments, settlements, losses, costs, and/or expenses (including attorneys’ fees) arising out of any personal injury, illness, death, property damage which occurs as a direct or indirect result of any of your transactions or Living Items involved in the same on or in our Services.
Governing Law and Venue
The governing law for a dispute or claim arising from the sale of Living Items and other items and/or any other activity or content on or in connection with the Services, including MorphMarket’s website and applications, shall be as follows:
- All matters relating to these Terms (along with any rules, guidelines, and policies of MorphMarket) and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims, such as torts), shall be governed by and construed in accordance with the laws of Kansas without giving effect to any choice or conflict of law provision or rule.
- Any legal suit, action, or proceeding arising out of, or related to, these Terms (along with any rules, guidelines, and policies of MorphMarket) shall be instituted exclusively in the state or federal courts located in Sedgwick County, Kansas.
Disputes Between Sellers and Buyers
We encourage collegial and professional resolution of disputes among our users. If a dispute arises between you and another user of our Services, MorphMarket can help you resolve disputes that may arise from time-to-time.
The cost of using our informal dispute resolution process is free. It is available for all MorphMarket buyers and sellers. MorphMarket will contact you and encourage the other party to respond to your case.
In addition to turning a negative situation into a positive one, MorphMarket can help:
- Resolve misunderstandings fairly.
- Provide a neutral go-between for buyers and sellers.
- Reduce pre-mature negative feedback.
- Generate trust in the MorphMarket community.
To start the process, file a complaint with MorphMarket using our online help system or by emailing us at [email protected]. Your complaint must include the following:
- Your name;
- Email address where you would like to be contacted;
- Name or user screen name of other party or parties involved in the dispute;
- Known contact information of the other party or parties involved in the dispute; and
- Detailed summary of the dispute.
We will send a notification email to the other party with the details of the dispute and request a response within five (5) business days. We will facilitate communication regarding the dispute among the parties and work to resolve the dispute in a timely manner. If we are to resolve the dispute, MorphMarket will communicate the resolution to the parties and check-in after the applicable period of time to confirm whether the resolution terms have been satisfactorily completed. If the parties are unable to satisfactorily resolve their dispute, MorphMarket will also communicate this result to the parties, and the parties may seek recourse available by law or in equity to pursue any claims or defenses.
Our dispute process is provided to our users as a courtesy, and we do not guarantee any results or that the dispute will be resolved. MorphMarket will not mediate or try to resolve any disputes related to delays in international shipping or international shipping timeframes or documentation. You agree that MorphMarket is not liable for any unsatisfactory resolution of your dispute or the inability to resolve your dispute.
MorphMarket may convey, transfer, assign, sub-contract, sub-license, or otherwise deal with MorphMarket’s rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not convey, transfer, assign, sub-contract, sub-license, or otherwise deal with your rights and/or obligations under these Terms. Any such conveyance, transfer, assignment, sub-contract, sub-license, or otherwise without our express written consent shall be null and void.
Any and all MorphMarket Parties are third-party beneficiaries under these Terms with rights to enforce the terms and covenants set forth in these Terms, including any rules, guidelines, and/or policies referenced herein or set forth in our Services.
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of these Terms.
We may amend these Terms at any time by posting the amended terms on MorphMarket.com and/or in our applications or sending you a message with the amended terms. Our right to amend these Terms includes the right to modify, add to, or remove terms in these Terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of these Terms, including any amendments or modifications of these Terms, through an electronic click-through feature. These Terms may not otherwise be amended except through mutual agreement by you and a MorphMarket representative who intends to amend these Terms and is duly authorized to agree to such an amendment.
Without limiting MorphMarket’s ability to refuse, modify, or terminate all or part of our Services, MorphMarket may also terminate these Terms with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
These Terms and all rules, guidelines, codes of ethics, and/or policies posted through our Services set forth the entire understanding and agreement between you and MorphMarket, and supersede all prior understandings and agreements of the parties.
The parties’ obligations and covenants under these Terms which by their nature involve a party’s performance, or continued performance, of such obligations and covenants after termination of these Terms or our Services with you shall survive such termination, including, without limitation, the terms and conditions set forth in Assumption of Risks, User Content, No Warranties, Limitations of Liability, Releases, Indemnity, Legal Disputes, and General.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
How to Contact MorphMarket
If you require any more information or have any questions about our Terms, please feel free to contact us. You can always send feedback directly to us through this help system or by emailing [email protected].
You may also write to us at:MorphMarket, LLC
811 East Lincoln Street
Wichita, Kansas 67211