Terms of Service

Last updated: August 23, 2024

Welcome to the Hero Stuff, Inc. mobile application (the "Application"), a vibrant marketplace where users can buy, sell, and explore a wide range of items through uploads, scans, and videos. By accessing and using our Application, you agree to be bound by the following terms and conditions ("Terms of Use"), in addition to any other agreements or policies that may apply. Your use of the Application constitutes your acceptance of these Terms of Use.

Application Use

Hero Stuff, Inc. grants you a non-exclusive, non-transferable, revocable license to use the Application solely for your personal, non-commercial purposes, as well as for buying, selling, and listing items in accordance with these Terms. You agree to abide by all applicable laws, regulations, and third-party agreements (e.g., your mobile data service agreement) when using the Application. The Application may offer different functionalities compared to the Hero Stuff, Inc. website and other platforms.

User Accounts and Marketplace Participation

Account Creation and Responsibility: You must create an account to participate in the marketplace. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

Eligibility: Use of the Application is intended for users who are 18 years of age or older. By creating an account, you represent that you meet this age requirement.

Accurate Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Listings and Transactions

Listing Guidelines: Provide clear, accurate descriptions of items for sale, including any defects or deficiencies. Misleading descriptions or failure to disclose important information about an item may result in listing removal and account penalties.

Prohibited Items: The sale of illegal items, weapons, hazardous materials, counterfeit goods, and items that infringe on intellectual property rights is strictly prohibited.

Transaction Process: Facilitate transactions through the Application's provided mechanisms. Avoid attempting to circumvent the Application's transaction processes or fees.

Shipping and Delivery: Sellers are responsible for shipping sold items promptly and providing tracking information to buyers. Hero Stuff, Inc. is not responsible for shipping disputes or issues.

Returns and Refunds: Establish clear return and refund policies for your listings. Hero Stuff, Inc. may provide guidance, but ultimately, the responsibility for returns and refunds lies with the seller.

Fees and Payments

Listing Fees: Hero Stuff, Inc. reserves the right to charge fees for listing items on the Application. Any applicable fees will be clearly communicated to users.

Transaction Fees: Hero Stuff, Inc. may charge a transaction fee on completed sales. The fee structure will be outlined in the Application or other communications.

Payment Processing: Payments will be processed through the Application's designated payment provider. Hero Stuff, Inc. is not responsible for any issues related to payment processing.

User Conduct and Interactions

Prohibited Conduct: Users agree not to engage in any form of harassment, hate speech, or discriminatory behavior on the Application. Violations may result in account termination and legal action.

User Interactions: Hero Stuff, Inc. is not responsible for interactions between users that occur outside of the Application. Exercise caution when sharing personal information or meeting in person.

Zero-Tolerance Policy for Objectionable Content

We enforce a strict zero-tolerance policy for content that is offensive, insensitive, upsetting, intended to disgust, or in exceptionally poor taste. This includes any content that is defamatory, discriminatory, or depicts violence, abuse, or illegal activities. By using our platform, you agree not to post or promote such content. Violations will result in immediate account suspension or termination. We reserve the right to review, remove, or report any content that violates these terms, in accordance with Apple’s App Store Review Guidelines.

Intellectual Property and Content

Ownership and Licensing: You retain ownership of the content you upload, but you grant Hero Stuff, Inc. a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the content in relation to the operation of the Application.

Prohibited Content: Content that is offensive, pornographic, defamatory, or otherwise objectionable is not permitted. Hero Stuff, Inc. reserves the right to remove any content that violates these standards or the law.

Copyright Infringement: If you believe that your intellectual property rights have been infringed upon, please follow the procedures outlined in our Copyright Policy.

Dispute Resolution

Disputes between buyers and sellers should be resolved directly if possible. Hero Stuff, Inc. may provide dispute resolution services at its discretion but is not obligated to resolve disputes.

Disclaimers and Limitation of Liability

Disclaimers: The Application is provided on an "as is" and "as available" basis. Hero Stuff, Inc. disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability: To the maximum extent permitted by law, Hero Stuff, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue arising from your use of the Application.

Modifications and Interruptions to Service

Hero Stuff, Inc. reserves the right to modify or discontinue the Application, in whole or in part, at any time. We are not liable to you or any third party for any modifications, price changes, suspension, or discontinuance of the Service.

Termination

Your account may be terminated or suspended if you violate these Terms, engage in illegal activities, or harm other users. You may terminate your account at any time through the Application settings or by contacting customer support.

Additional Terms for iOS Users

Agreement with Hero Stuff, Inc.: These Terms of Use are an agreement between you and Hero Stuff, Inc., not with Apple Inc. ("Apple"). Hero Stuff, Inc. is solely responsible for the Application and its content.

Usage Rules: The license granted to you for the Application is limited to a non-transferable license to use the Application on an iOS device that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Warranty: In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.

Product Claims: Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application.

Intellectual Property Rights: Apple will not be responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.

Third-Party Beneficiary: Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these terms, Apple will have the right to enforce these Terms of Use against you as a third-party beneficiary thereof.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.

General Provisions

Entire Agreement: These Terms, together with any policies or operating rules posted by us on the Application or in respect to the Service, constitute the entire agreement and understanding between you and us.

Governing Law: These Terms shall be governed by the laws of the jurisdiction in which Hero Stuff, Inc. is registered, without regard to its conflict of law provisions.

Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

Thank you for being a part of the Hero Stuff, Inc. community. We're excited to provide a platform that supports your passion for buying, selling, and discovering unique items. If you have any questions about these Terms, please contact us.