Terms and Conditions

Exciting Terms & Conditions...

You are entering into this Agreement with Flying Change Media LLC ("tacktack," "we," "us," and/or "our"). When you (individually, or the entity that you represent) access our Services, you are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, you agree to be bound by this Agreement, and any additional terms referenced herein.

We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to this Agreement on this page and will indicate at the bottom of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Agreement. If you do not agree with this Agreement or any terms referenced herein, do not use or access (or continue to use or access) the Service.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY TACKTACK. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND TACKTACK. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.

Access and Use of the Service

Services Description: This Agreement applies to all tacktack services, including the tacktack mobile app (on any and all formats or devices), and the website located at https://www.tacktack.co (collectively, the “Service(s)”). The Service is a technology platform that provides an online social marketplace for sporting goods in which consumers and businesses can list and sell their items, and buyers can browse and purchase such items. Users who purchase Items through the Service are "Buyers," and users who list and sell Items through the Service are "Sellers." A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller. The Service includes pricing and listing assistance and shipping, but not buying or selling. We may also help facilitate the resolution of disputes between our Buyers and Sellers, but, tacktack has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service; (b) the truth or accuracy of Sellers' content or listings on the Service; (c) the ability of Sellers to sell Items through the Service and ship Items within required shipping windows; (d) the ability of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through the Service.

Third Party Services:

You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your tacktack experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and tacktack's use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy at http://www.tacktack.co/privacy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and tacktack shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, tacktack is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, tacktack is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party service. tacktack enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Your Registration Obligations:

You may also be permitted to register with the Service directly. In any case,if you choose to register for the Service (whether directly or through a third party service), you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, tacktack reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at anytime, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Member Account, Password and Security:

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify tacktack of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. tacktack will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service:

tacktack reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that tacktack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that tacktack may establish general practices and limits concerning use of the Service. You agree that tacktack has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that tacktack reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that tacktack reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services:

When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.

Conditions of Use

User Conduct:

You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by tacktack. tacktack reserves the right to investigate and take appropriate legal action against anyone who, in tacktack's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of tacktack, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose tacktack or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
take any transaction or communications off-site;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection anti-spam, data protection, or privacy legislation in any jurisdiction;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States ("U.S.") export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Purchase and Sale Transactions

Fees; Transactions:

Registering for the Service is free; however, tacktack charges certain fees for various transactions effected through the Service. Our Fee Policy is available in the Help Center and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Taxes; Shipping Costs; Buyer Responsibility:

Items purchased by and shipped to Buyers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes ("State Tax"). Items purchased by and shipped to Buyers in locations outside the U.S. may also be subject to applicable taxes, including value added taxes (collectively with State Tax, "Taxes"). The amount of Taxes is based on a number of factors, including but not limited to the type of Items purchased, the Buyer's designated delivery address, and/or the location of the Seller.

Buyers are responsible for paying the applicable purchase price for a purchased Item to the Seller, as well as any shipping costs (which are detailed in the Fee Policy), paying applicable Taxes and/or duties associated with the purchase and sale of any Items through the Service, and are also responsible for paying tacktack's commission.

For Buyers in the U.S., the rate of Tax applied to purchases of taxable Items is a combined rate based on the state and local rates of the address where the Items are delivered to or shipped from.

Buyers may use certain tacktack promotions or credits towards the purchase of Items. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to a Buyer's order. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.

Tax and shipping costs are not included in the listed price for any Items listed by Sellers through the Service but will be displayed to Buyers before confirmation of any purchase.

Estimated Taxes:

When a Buyer chooses to make an offer an estimated amount of Tax will be displayed. The estimated amount of Taxes is an estimate of applicable Taxes based on several factors, including the offer price, Buyers designated delivery address and rates of Taxes in effect at that time. If the offer price is accepted, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the offer is submitted. If there is a counteroffer from the Seller, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the counteroffer is accepted. The amount of Taxes may change and be updated when the order is finalized and completed through the Service.

Marketplace Collection; Taxes; Commissions; Seller Responsibility:

tacktack will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so including those states that have enacted legislation requiring marketplaces, like tacktack, to collect Taxes on behalf of sellers. In these states, the amount of Taxes collected will be submitted by tacktack to the appropriate taxing authority on behalf of Sellers. In those states where tacktack does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local laws.

Sellers are responsible for paying tacktack's commission as well as all taxes imposed or measured by Seller's net income, profits, and/or revenues associated with the sale of any Items through the Service.

Payments:

Buyers may pay for Items using credit cards or other payment methods. If you submit your payment information through the Service, then you authorize tacktack to store that payment information and charge your payment method for any Item you purchase.

Fee Modifications:

We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.

Marketplace Risk:

tacktack is not affiliated with or endorsed by any manufacturer, retailer or brand of the items that users buy or sell through the Service: tacktack is a marketplace and technology platform. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not tacktack. We encourage you to use the various functionalities of the Service (e.g., our direct messaging platform) to help evaluate the user with whom you are dealing.

tacktack does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, tacktack does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, tacktack does not guarantee the ability or intent of users to fulfill their obligations in any transactions. tacktack reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting tacktack and its users from illegal or wrongful activities or other violations of these Terms.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.

Prohibited Items:

tacktack prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the Items listed in our Prohibited Items Policy.

Sellers:

You must have the right to sell the Items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and completely.

Buyers:

You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer is accepted by the Seller, you have a contract with the Seller.

Purchases:

Buyers may offer to purchase Items from Sellers. Once an offer is accepted by Seller, the sale transaction is binding on both Seller and Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms. Once the offer is accepted by Seller, Buyer must pay the purchase price and shipping costs for the Item through the Service. After doing so, Buyer's obligations are complete, unless Buyer requests a permitted return. If an Item has not been shipped after 5 days, Buyers will have the option to cancel the sale, unless the Seller has already printed the shipping label. All Buyers can cancel their unshipped orders after 12 days, regardless of whether the Seller has accessed the shipping label.

Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items; and (v) Seller is responsible for purchasing his/her own shipping label.

If an item is lost or damaged in transit, tacktack is not responsible for compensating sellers when funds for an insurance claim are not rewarded. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation to you; however, please report the issue to us through the Service within three days after delivery. If the tracking number on the label shows that the package has been delivered to the provided address, tacktack considers the package delivered, even if the Buyer subsequently claims otherwise.

Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify tacktack of any issues with the Item within three days of delivery of the Item, as determined by the tracking information on the Label), then tacktack will credit Seller's account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus tacktack's commission, as set forth in the Fee Policy. Funds credited to Seller's account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from tacktack's chosen financial institution).

Seller Account Balances:

Amounts credited to a Seller's account resulting from the Purchases flow described above (which excludes credits derived from the Friend Referral Program or from Gift Cards or other promotional credits defined below) may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from tacktack's chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service. Amounts redeemed by a Seller through a permitted third party payment provider are limited to $10,000 USD per day. Amounts reflected in Seller Account Balances that have not been redeemed by a Seller within one year of the last active date will be converted to an electronic gift card.

Returns:

Sellers are not obligated to accept the return of items that are as advertised but have the option to do so. If the item you receive is not as described on the Service, then you must report the issue in the tacktack Service within 3 days after delivery of the purchased item. The order becomes non-refundable as soon as you have approved the sale or 72 hours after the item has arrived at your address-- whichever comes first. Once the order is non-refundable, amounts will be released to the Seller, as described in the Purchases section of these terms. tacktack offers no shipping speed guarantees. tacktack is not obligated to grant a buyer's request to return an item that was not delivered within a certain timeframe.

Pricing Guidance

All pricing guidance displayed on the Service is designed for tacktack users that bases its information on recent transactions on the Site or relevant external market data. tacktack does not warrant its accuracy nor guarantee that items will sell within any stated parameters.

Electronic Delivery Consent of Internal Revenue Service (“IRS”) Information Tax Returns

tacktack uses IRS Form W-9, Request for Taxpayer Identification Number (“TIN”) and Certification, to obtain tax identification information from individuals and sellers who receive reportable payments stemming from marketplace transactions during the calendar year. When required, we provide this information to the IRS and applicable state taxing authorities by filing a Form 1099-K information return. For details, please see our W9/1099K FAQ.