Safe Seller Delivery Agreement | Space Foundry Marketplace

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Safe Seller Delivery Agreement

The following legal document describes the terms on which Space Foundry offers its full protection to Sellers.

1. Introduction

By creating a For Sale Offer (the “Offer”) on the Space Foundry website (the “Site”), you (the “Seller”) are agreeing to the following terms with Space Foundry LLC (“Space Foundry”). The Safe Seller Delivery Agreement (the “Agreement”) is effective on July 10th, 2020 for existing Sellers, and upon the creation of a For Sale Offer for new Sellers. This Agreement, in addition to the Safe Buyer Delivery Agreement, is intended to:
  • Educate buyers and sellers on their roles and responsibilities in order to receive the full protections of Space Foundry;
  • Explain the role of Space Foundry throughout the transaction process, and our commitment to impartially arbitrate any disputes to the fullest extent possible;
  • Support government laws and regulations;
  • Make our digital worlds a better place;
  • Provide an enjoyable buying and selling experience.
Please feel free to send a message to our Admins on our Discord server or by filling out our contact form with any questions or concerns.

2. Selling on Space Foundry

When selling on Space Foundry, the Seller shall:
  • Accurately provide and maintain Seller’s personal information on the Site during and after registration;
  • Remove any ambiguity in the Seller’s Offer to ensure that there is no room for confusion between the Seller’s Offer, and what the Seller will deliver;
  • Collect and retain delivery in accordance with the Delivery Evidence Requirements;
  • Completely fulfill, and accurately confirm, delivery within the Seller’s Delivery Guarantee;
  • Accurately deliver in-game products and services to the correct in-game character on the correct market (game, server, and faction as applicable) as specified in the Buyer’s Order on the Space Foundry website;
  • Discretely deliver in-game products and services to the Buyer such that the motivation behind the in-game transaction is not disclosed to any third party;
  • Monitor the email address the Seller registered on Space Foundry for any communications (the “Communication”) from or through the Site. In the event that any Communication requires action from the Seller, the Seller will take that action within the time frame specified in the Communication. If a Communication requires the Seller to accept or dispute a claim from the Buyer, and the Seller does not take a required action within the time frame specified in the Communication, the Seller authorizes Space Foundry to assume the Seller’s acceptance of the Buyer’s claim.
  • Take full responsibility for ensuring that Communications from Space Foundry may be successfully delivered, read, and acted upon, and will not be interrupted by spam filters or other systems.
When selling on Space Foundry, the Seller shall not:
  • Violate the Offer Policy, Query System Policy, or User Agreement;
  • Confirm delivery before its completion;
  • Deliver in-game products and services to an alternate in-game character or market (game, server, and faction as applicable) unless requested by the Buyer through a message sent using the Space Foundry Query System in relation to the Buyer’s Order;
  • Offer to sell any product or service that was obtained through the use of means not authorized by a game’s developer or publisher;
  • Unnecessarily solicit personally identifiable information and/or game account information from Buyers;
  • Register, or make use of more than one Space Foundry account;
  • Purchase any Offer created by themselves, or an agent of themselves.
To facilitate a protected trading environment, Space Foundry shall:
  • Verify the Buyer, Seller, and the Buyer’s payment;
  • Hold the Buyer’s payment until Space Foundry has determined the Order has been fulfilled;
  • Appropriately refund the Buyer for any products or services that are deemed by Space Foundry not to have been properly delivered;
  • Protect the Seller from payment fraud;
  • Appropriately disburse payment to the Seller, minus Space Foundry fees, for any products or services that are deemed by Space Foundry to have been properly delivered;
  • Reserve the right to prosecute the Buyer or Seller to the fullest extent of the law in the event of any fraudulent activity.

3. Dispute Resolution

In the exceptional event that the Buyer and Seller do not agree on the delivery completion state of an Order, the Buyer or Seller must file a dispute within 72 hours of the other party’s claim. Disputes must be properly filed and escalated using the Space Foundry Dispute System. Disputes reported in any other manner will not be accepted by Space Foundry and will be deemed invalid.

These exceptional circumstances are often due to an accident or simple misunderstanding. For this reason, Space Foundry highly recommends the Buyer and Seller to directly contact each other to properly resolve the issue through the Space Foundry Dispute Resolution System.

In the event that the Buyer and Seller are unable to reach an agreement on their own, or if Space Foundry suspects that fraudulent activity may be involved, the Order will be escalated to the Space Foundry Final Resolution Committee (“the Committee”). If an Order is escalated to the Committee, the Buyer and Seller authorize the Committee to act as the final arbitrator in determining the delivery completion state of the Order, and therefore determine the appropriate amounts to refund the Buyer and/or disburse to the Seller. Any decision made regarding the delivery completion state of an Order by the Committee is final, binding upon both the Buyer and the Seller, and may not be appealed.

In the event that an Order is escalated to the Space Foundry Final Resolution Committee, the Seller shall:
  • Provide Delivery Evidence in accordance with the Delivery Evidence Requirements to Space Foundry within 48 hours of a request from Space Foundry;
  • Fully cooperate with Space Foundry and the Committee as required to resolve the dispute.
In the event that an Order is escalated to the Space Foundry Final Resolution Committee, Space Foundry shall:
  • Impartially arbitrate any disputes between the Buyer and Seller to the fullest extent possible;
  • Continue to protect the Seller from payment fraud;
  • Meticulously inspect the Seller’s Delivery Evidence and verify to the fullest extent possible that the Seller has abided by the Safe Seller Delivery Agreement;
  • Verify to the fullest extent possible that the Buyer has abided by the Safe Buyer Delivery Agreement;
  • Review the trading history of the Buyer and Seller;
  • Rigorously verify the Buyer and Seller involved in the transaction, as well as a review of the Offer and Order;
  • Review any communications sent between the Buyer and Seller through the Space Foundry Query System that are related to the Order;
  • Reserve the right to perform any additional assessment or investigatory step required in the final resolution of a dispute.
In conclusion to the absolute judgment made by the Space Foundry Final Resolution Committee, Space Foundry shall:
  • Appropriately refund the Buyer, in accordance with the Committee’s judgment;
  • Appropriately disburse payment to the Seller, minus Space Foundry fees, in accordance with the Committee’s judgment;
  • Reserve the right to prosecute the Buyer or Seller to the fullest extent of the law in the event of any fraudulent activity.

In the event that the Seller is found at fault for an Order leading to a refund to the Buyer, the Seller will be subject to a Refund Penalty fee equivalent to 10% of the refunded amount.

4. Non-Compliance

In the event that the Seller violates these policies, the Seller may be subject to one or more of the following:
  • Offer and/or Order cancellation;
  • Reputation penalties, including the possible loss of account Honors;
  • Account suspension or permanent termination;
  • Forfeit of disbursement, resulting in a refund to the Buyer;
  • Prosecution by law.

5. Delivery Evidence Requirements

To facilitate a protected trading environment, Space Foundry requires Sellers to record, retain, and when requested, submit delivery evidence in accordance with the Space Foundry Delivery Evidence Requirements. In the event that an Order is escalated to the Space Foundry Final Resolution Committee, Space Foundry will use Delivery Evidence as one of many factors to impartially determine the delivery completion state of an Order to the fullest extent possible.

Delivery Evidence Requirements may vary by game and product. Through this Agreement, the Seller confirms that they have read and agree to follow the Delivery Evidence Requirements as they apply to any For Sale Offer the Seller created.

6. Fraudulent Activity

Space Foundry takes a firm stand against identity theft and fraud. Space Foundry takes a variety of both orthodox and unorthodox measures to prevent, track, investigate and log fraudulent activity.

As a policy, Space Foundry will aggressively pursue, to the fullest extent of the law, prosecution of any individuals or groups who engage in fraudulent activity on the Site. This includes fully supplying all relevant personal, transactional, and other identifiable information to the appropriate legal authorities, including, without limitation, the Federal Bureau of Investigation (FBI), the Internet Fraud Complaint Center, the United States Postal Inspection Service, the United States Secret Service and other relevant local, state, federal, and international authorities, such that the they may complete investigations, issue arrest warrants, and make an effective prosecution.

Space Foundry will also report fraudulent activities to related ISPs (Internet Service Providers) for action under their Acceptable Use Policies.

In addition to the criminal cases that may be filed, Space Foundry may submit a separate civil case against an offender to recover any and all damages and costs (financial and otherwise) that are incurred by Space Foundry. Space Foundry takes no consideration of, and makes no exception to, how “small” the fraud is, the age of the fraudulent individual, nor that “no one was really hurt”. Space Foundry investigates, prosecutes, and litigates to the fullest extent possible, without regard to cost.

Conviction on Credit Card Fraud carries penalties of 10 years imprisonment and/or a $10,000 fine per U.S.C. Title 18, Section 3056, Subsection (b), and specifically authorizes the United States Secret Service to detect and arrest any person who violates any federal criminal laws relating to Credit Card Fraud and related activity in connection with computers and/or access devices.

7. Limitations

Space Foundry and its affiliates, directors, officers, and employees shall not be liable for any damages whatsoever resulting from any of the following:
  • A delay, failure, or disruption of the content or services delivered through the Site;
  • Actions or inactions from a game publisher, or game developer, or any agent of a game publisher, or game developer against the Buyer or Seller;
  • Unauthorized access or actions conducted by third parties through the Buyer’s Space Foundry account.

8. Query System Policy

Any messages with the following content are not permitted:
  • May not contain profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
  • Solicitations for Want to Trade ("WTT”) offers
  • Solicitations for offsite transactions

9. Offer Policy

Offers posted on Space Foundry must meet the following criteria:
  • Contain valid products that fall into one of the available Product Types
  • Currency offers are limited to one offer per market (game and server) per seller
  • Posted under the correct offer type
  • Posted under the correct product type and category
  • Posted under the correct game, server and faction (where applicable)
  • Contains accurate product tags and images
  • May not contain nudity or overtly sexual, profane, or otherwise offensive content
  • May not contain profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
Offers for the following items are not permitted:
  • Cheats, exploits, or bots
  • Assets obtained through exploitative in-game activities
  • Want to Trade offers
  • Solicitations for offsite transactions
Offers that contain the following items are not permitted:
  • Member’s email address, phone number, instant messenger ID, or other personal information
  • URLs to other websites used as a prohibited solicitation tool
  • Nudity or overtly sexual, profane, or otherwise offensive content
  • Profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
The following offer types are not permitted:
  • “Want to Trade” (WTT) Offers
  • Test / Demo Offers
  • Duplicate Offers

These policies are in place to facilitate a safe, fair, and enjoyable trading environment for all members. We reserve the right to determine what content is appropriate for our site and to remove any content that we find to be inappropriate. Offers in violation of our Policies may be removed from our site without warning and can result in a loss of Honors and suspension or permanent closure of your account.

10. Feedback Policy

The following feedback comments are not permitted:
  • Profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene)
  • Personal contact information and/or diverting language
Feedback comments and replies containing any of the above are not permitted and may be removed without notice.
Members are not permitted to:
  • Manipulate the feedback ratings of any user by creating orders for the purpose of leaving negative feedback.
  • Inflate their own feedback ratings by creating invalid orders for the purpose of increasing their own positive feedback.
  • Demand refunds, discounts, free gifts, or other incentives in exchange for the removal of negative feedback.

Attempts to manipulate our feedback system, intimidate transaction partners, or misrepresent our feedback policies undermine the integrity of the feedback system and are not tolerated by Space Foundry. Violations of these policies can result in the suspension or permanent closure of your account.

11. Community Policy

Space Foundry permits one Space Foundry account per member. Violations of this policy may result in the permanent closure of your Space Foundry accounts.

Usernames that contain profane or patently vulgar language (includes language that is racist, hateful, sexual, or obscene) are not permitted on the Space Foundry marketplace. While Space Foundry will enable members to change their usernames once to resolve the issue, violations of this policy can result in the suspension or permanent closure of your account.

Members are expected to treat each other and Space Foundry staff with respect at all times. We understand that delays or disputes can be frustrating and complications may arise. However, we will not tolerate harassing, threatening, profane, obscene, abusive or otherwise inappropriate language sent to the Space Foundry members or staff.

Members are not permitted to use any services provided by Space-Foundry.com nor any member information obtained through transactions conducted on our site for the purposes of soliciting offsite sales, generating or building email lists, advertising, or any other non-order related activity.

These policies are in place to facilitate a safe, fair, and enjoyable trading environment for all members. Violations of these policies can result in the suspension or permanent closure of your account.

12. Other Policies

Space Foundry is fiercely committed to providing a safe trading environment for our community. In fact, our entire business is centered on securing trades for players in a way that minimizes transaction risks such as delivery or payment default and/or the fraudulent misrepresentation of items. Thus, while we encourage open communication among our members, we do prohibit users from soliciting off-site trades. This means that members are not allowed to use the Space Foundry Query System to share information with the aim of completing a transaction outside of Space Foundry.

If you violate this policy, you may be subject to the following penalties: a formal written warning, a monetary fine taken from your security deposit, and/or the permanent suspension of your account. See provisions 3.2 and 5.4 of our User Agreement for more details.

Fraudulent behavior can be a serious violation of the law, our User Agreement, our company Mission Statement, and fundamental human ethics. Consequently, we strictly prohibit any and all forms of fraud on our platform. Do not falsely confirm delivery before delivery has in fact been made.

If you violate this policy, you will be subject to the following penalties: a formal written warning, a monetary fine taken from your security deposit, and/or the permanent suspension of your account. Please be advised that we will report serious violations to the relevant government authorities. See provisions 5 and 8 of our User Agreement for more details.

13. Entire Agreement

This Agreement is a supplemental to the User Agreement promulgated on www.space-foundry.com and the terms and conditions hereunder shall be an integral part of the User Agreement.