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Kijiji Terms of Use

Welcome to Kijiji. Thanks for stopping by. By accessing Kijiji you are agreeing to the following terms, which are designed to make sure that Kijiji works for everyone. Kijiji is provided to you by Marktplaats BV, Wibautstraat 224-2, 1097 DN Amsterdam, The Netherlands. This policy is effective January 1, 2009.

Using Kijiji

You will post in the appropriate category or area and will not do any of the following bad things:
• violate any laws or the Kijiji Policies;
• be false or misleading;
• infringe any third-party right;
• distribute or contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Kijiji or the interests or property of Kijiji users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of Kijiji;
• copy, modify, or distribute any other person's content without their consent;
• use any robot, spider, scraper or other automated means to access Kijiji and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• bypass measures used to prevent or restrict access to Kijiji.

Abusing Kijiji

Please use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Kijiji if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Kijiji or not, we do not accept any liability for monitoring Kijiji or for unauthorized or unlawful content on Kijiji or use of Kijiji by users.

Global Marketplace

Some of Kijiji’s features may display your ad on other sites that are part of the global eBay community, like on eBay or our classifieds sites in other countries. By using Kijiji, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies. We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using Kijiji is generally free, but we sometimes charge a fee for some of our services. Our fees are quoted in Japanese Yen, and we may change them from time to time. If the service you use charges a fee, you’ll be able to review and accept that charge. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).

Content

Kijiji contains content from us, you, and other users. Kijiji is protected by copyright laws and international treaties. Content displayed on or via Kijiji is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Kijiji without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Kijiji. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Kijiji (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement

Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you believe that your rights have been violated, please notify Customer Service.
Please provide the following in any notice of alleged infringement (whether sent through the above email address or through the postal address):

• identification of the material on Kijiji that you claim is infringing, with enough detail so that we may locate it on the website (e.g. the unique ad number);
• identification of the rights (or works if relevant) claimed to have been infringed;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
• a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the rights owner or you are authorized to act on behalf of that rights owner;
• your address, telephone number, and email address; and
• your physical or electronic signature.

Protection of intellectual property

A large number of very varied products are offered on Kijiji by private individuals in Japan. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Kijiji.

Reporting an infringement

In order to participate in the Notice of Infringement Program, you only need to complete a Notice of Infringement Form and send it to Kijiji via the email. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Kijiji to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Kijiji via the email.

Note: This form can only be used by the lawful owners of the intellectual property rights. “Notice of Infringement ” is intended to ensure that products offered do not infringe the copyright, trademark right or other intellectual property rights of third parties. For all other questions, visitors and advertisers can contact Kijiji using the contact form.

Limitation of Liability

You agree not to hold us responsible for things other users post or do. As most of the stuff on Kijiji comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Kijiji, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 10,000 Japanese Yen.

Personal Information

By using Kijiji, you agree to the collection, transfer, storage and use of your personal information by Marktplaats BV (the “data controller”) on servers located in the United States and in the European Union as further described in our privacy policy.

General

These terms and the other policies posted on Kijiji constitute the entire agreement between Marktplaats BV and you, superseding any prior agreements. This agreement is governed by the laws of the Netherlands. We both submit to the non-exclusive jurisdiction of the courts of Amsterdam, The Netherlands. This won’t affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics.. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

Marktplaats BV
Wibautstraat 224-2,
1097 DN Amsterdam,
The Netherlands
Re: Kijiji Japan – User Inquiries

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to Kijiji Customer Support.