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02-14-2019
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****As of March 6th 2019 we are not accepting new account registration until we begin trial testing which will happen between March 10th up to roughly April 20th.  Please do not register or open an account until this notice is removed or you may follow us on Twitter @blastofourpast where we will formally announce that we are accepting new account registration****

 

TERMS OF USE BLASTOFOURPAST.COM

1. Agreeing to Terms of Use

2. Arbitration and Disputes with BlastofourPast

3.Privacy Policy

4. Your Account Responsibilities

5. Operating As a Business

6 Your Relationship with BlastofourPast

7. Content You Publish On Our Website

8.Report Unauthorized Use of Content and Offensive Content

9. Violation of Law

10 Warranties and Limitation of Liability

11. Follow and Obey the Law

12. Buyers and Sellers Responsibilities

13. Sales Tax Policy

14. Strictly Prohibited Activities in the Marketplace

15. Copyright and Trade Policy

16. Warranties and Limited Liability Regarding Buyers

17.Technical Issues and Website Access

18. Incidental and Consequential Damages

19. Indemnification

20. Disputes with Sellers and Buyers

1. Agreeing to our Terms of Use is done by reviewing the Terms of Use set forth on this page. Our Privacy Policy falls under our Terms of Use. If you do not agree with our Privacy Policy or Terms of Use AFTER you have opened an account with BlastofourPast you agree to close your account. By maintaining an account with BlastofourPast you are agreeing to the Terms of Use on this site and you agree to and understand that BlastofourPast will accept your agreeing to the Terms of Use through your implied consent (more specifically your continued use of our site and failure to request via email that your account be closed). IF you have already opened an account and wish to cancel or close your account you may email us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will close your account within 24 hours. The terms of use described herein are a legal and binding contract between you and BlastofourPast.

2. Disputes with BlastofourPast

i)Jurisdiction: The Terms of Use are governed by the State Laws of NY and andy Federal Laws of the United States of America that apply to this business.

ii) Arbitration: Any dispute or claim brought by Blastofourpast or You regarding the Terms of USe or any other reason shall be settled by arbitration that shall be administered by the American Arbitration Association under their Consumer Arbitrations Rules. By agreeing to the Terms of Use described herein You and BlastofourPast agree to and understand the final decision of the AAA which will be administered by a sole arbitrator appointed soley by the AAA. Judgement handed down by the AAA will be filed in the court that has jurisdiction over the arbitration case. Each arbitration case shall be conducted on an individual basis and You agree to and understand that by using the services of BlastofourPast on and off our website You waive the right to enter into or begin a class arbitration or a class action lawsuit against BlastofourPast. You and BlastofourPast as part of the Terms of Use described herein agree to and understand that You and BlastofourPast are each waiving a)the right to trial by jury, b)the right to participate in or begin a class arbitration c) and the right to participate in or begin a class action lawsuit against BlastofourPast.

3. Privacy Policy: BlastofourPast intends to grow nationwide in the USA, Central and South America, Canada, and Britian over the next two years. As we grow we will be responsible for protecting your Privacy. We have developed a Privacy Policy but by the end of 2019 we expect to meet the requirements that will allow us to display the Truste Certificate.

4.Your BlastofourPast Account Responsibilities

i)You must be 18 years or older to open up an account with BlastofourPast. Currently minors are not permitted to open an account with BlastofourPast. When that changes and it will the terms described herein will be amended.

ii) Your userid may not reflect your legal name but You must provide BlastofourPast with your real legal name address and email. If we suspect fraud we may take measures to verify your identity or at our sole discretion close your account until we are able to verify your account information. ****If we are contacted by law enforcement regarding potential identity theft BlastofourPast reserves the right to temporarily suspend your account to protect the potential victim**** iii) Password security: You agree to never share your password with anyone outside of BlastofourPast. You may contact a representative of BlastofourPast for help in resetting your password and if BlastofourPast issues you a temporary password you agree to reset this temporary password within 24 hours.

5. Operating as a Business

i) You may operate as or under a business name. IF you use your business name on our website you hereby certify and represent that you are the authorized officer of the corporation or the authorized sole proprietor who has the legal authorization to agree to the Terms of Use and Privacy Policy described herein.

6. Your Relationship with BlastofourPast

i) You and BlastofourPast are separate legal entities. By opening an account you agree to our Terms of Use. These Terms of Use do not create any franchisee relationship, part time or full time employment, agency,partnership or joint venture between You and BlastofourPast. BlastofourPast is not a franchise and can not create any franchisee relationship with You.

ii) You may use our Service under a revocable, limited, non-exclusive, non-transferable license that we grant you which is subject to the Terms of Use described herein.

7. Content You Publish on our Website

BlastofourPast must promote our websites and your business and product listings in order for You and our Website to be successful.

i)You may open an account and choose not to immediately list items for sale or take out an advertisement on our site. If you choose to list your products on our website you understand that we need to promote our website and your store and your product listings on and off our website. By opening an account regardless of whether or not you post content right away or stop posting content for any period of time you grant BlastofourPast a nonexclusive, royalty free, irrevocable, sublicensable, global perpetual license to display, use, modify, edit, reproduce, distribute, store and review derivative works of your content in your store or in any of your product listings. You understand this irrevocable license may lead to us promoting your BlastofourPast product listings, advertisements and your store's content on or off our website, in any channel, with any of our partners on any third party website using any advertising strategy/business we choose.

ii)Reporting and Publishing Unauthorized Content: You represent an warrant that any content you post in your store, any advertisement or product listing on our website is within your legal right and capacity to use and publish. iii)By representing that you are the authorized person to publish the content you post on our website you understand and agree to BlastofourPast using your content even if it is copyrighted or has a trademark to promote our website and your product listings and your store. If the content you publish has been found to violate an copyright or trademark rights your account at our discretion will be either temporarily suspended or permanently terminated by BlastofourPast. If You have been found to have violated any trademark or copyright laws by a court of law through the use of our website your account will be permanently terminated. If any action You take involving trademark or copyright violations leads to legal action against BlastofourPast we reserve the right to permanently terminate and close down your account.

8. Report Unauthorized Use of Content and Offensive Content

i)BlastofourPast is very receptive to customers and the public reporting any alleged copyright or trademark violations and unauthorized use of your store content or product listing content. Contact us immediately if any of your content has been used on our website without your permission. IF you see any trademark or copyright violations please contact us immediately so we may take immediate corrective action.

ii)If the content you publish has been found to violate an copyright or trademark rights your account at our discretion will be either temporarily suspended or permanently terminated by BlastofourPast. If You have been found to have violated any trademark or copyright laws by a court of law through the use of our website your account will be permanently terminated. If any action You take involving trademark or copyright violations leads to legal action against BlastofourPast we reserve the right to permanently terminate and close down your account.

iii) BlastofourPast may without reason require you to remove any content that we find to be vulgar, offensive, discriminatory, hateful, defamatory,abusive, threatening, illegal, or harmful to the business proceedings of BlastofourPast.

9. Violation of Law

Violation of local, county, state, federal and global laws may lead to suspension or termination of your account with BlastofourPast. IF you are unsure that your content or activity on our website violates any law you agree to refrain from that activity until you have verified or received legal counsel that your activity is lawful. If you post content or conduct activity on our website that is found to violate any law we reserve the right to take any appropriate action necessary to prevent any unlawful activity on our website or any of our channels used to promote our website and your content.

10. Warranties and Limitation of Liability

You release us from all liability relating to any product listed and sold by any of our online sellers. You release us from all liability relating to any product sold directly by BlastofourPast. You release us from all liability any content published on our website directly by BlastofourPast or our sellers that you find offensive, inaccurate, illegal, not decent or not that violates any of your legal rights here in the USA or internationally. You release us from all liability relating to any of your interactions with other sellers and buyers on our website. You release us from all liability relating to any interactions you have with a buyer or seller off of our website in person. You release us from all liability relating to any of your interactions with any employees or independent contractors representing or working for BlastofourPast. You release us from all liability relating to any use of third part services or websites directly on our website that we don't own or control.

11) Follow and Obey the Law

Unfortunately there are people who under the false disguise of acting like they are buyers and sellers attempt to defraud and abuse the millions of sellers online who are just trying to make a decent honest living. BlastofourPast has zero tolerance for this type of activity and strongly encourages wrongful parties from using our website to conduct wrongful activity.

i)You will obtain permits or any other licensing required on a local, state, or federal level that may be required to do business on our marketplace website. BlastofourPast may notify sellers at its sole discretion if any new laws pass that may affect the marketplace or sellers however we can not guarantee that we will send you a notification.

ii)You will not sell items or products that have been recalled or violate any laws in the USA or abroad.

iii)BlastofourPast over time may create a Banned Product List and if such a list is created you agree to refrain from selling products on the list.

iv)You will not use our website or services to commit fraud which includes the sale of fake merchandise or "knockoff" items. You will not sell any products that violate the trademark rights of other businesses or individuals.

v)You will not attempt to defraud BlastofourPast or other buyers or sellers using our website. You understand we may pursue legal action and or criminal charges to the fullest extent of federal and state law if any illegal activity You conduct through our website interferes with our daily business proceedings (ie time wasted investigating You and helping our Seller or Buyer pursue closure regarding your activity or time spent communicating and working with federal state and county law enforcement).

12)Buyers and Sellers Responsibilities

Buyers and Sellers have a basic responsibility to pay any bills which may range from seller fees to invoices sent from sellers to buyers for items purchased from their store

i)Buyers you agree to pay for the purchase of your product from BlastofourPast or our Sellers within 48 hours (including holidays and nonbusiness hours) if the store or seller has not created any policy regarding payment time frame.

ii) Sellers: You agree to pay your monthly bill within 48 hours of the due date. The due date for all account holders, sellers, buyers, vendors and independent contractors shall be the last day of the month. Failure to pay your monthly bill within this time frame may lead to suspension or termination of your account at the sole discretion of BlastofourPast.

13)Sales Tax Policy

Several states are now requiring online marketplace sellers to collect sales tax on behalf of sellers. BlastofourPast disagrees with having to collect sales tax on behalf of businesses that we do not own manage or run and will join the fight to deregulate what is in our opinion an over extension of state power.

i)BlastofourPast until further notice can not do business in the following states until we are properly set up or comfortable taking on this potentially large responsibility of collecting sales taxes on behalf of thousands to millions of online sellers: 1. Minnesota 2. Washington 3. Iowa 4.Connecticut 5. New Jersey 6. Alabama 7. Oklahoma 8. Pennsylvania. We intend to explore the requirements and potential pitfalls of collecting state taxes on behalf of seller business and anticipate opening up our marketplace to these states as we become more established and informed of unknown factors. If you reside in any of the 8 states listed in section 13

i) you may open up an account to buy in other states that you do not reside in until our policy becomes more developed and changes.

ii)You agree to pay any sales tax from any and all sales you conduct through our website. In any state that requires BlastofourPast to collect sales tax you understand that any interference in collection of state sales tax by BlastofourPast when so required may lead to the termination or suspension of your account.

14. Strictly Prohibited Activities in Our Marketplace

The following activities are strictly prohibited:

i)Do not spider any of our pages on our website.

ii)Do not attempt to or possess the source code of any of our webpages, websites, services, and channels we use to promote our content or content of our customers. iii)Do not reverse engineer our website or any channel we use to promote our products or the products of our sellers.

iv)Do not scrape, crawl, or spider our website for data.

v)Do not interfere with any of our processes that we use online and offline to conduct our business proceedings. vi)Do not distribute viruses, harmful or unauthorized computer code to any of our systems that maintain the integrity and safety and stability of our website and our marketplace. vii)Phishing, identity theft and password theft and hacking is strictly prohibited and You agree to never conduct this activity on our or through our website.

15. Copyright and Trademark Policy

i)BlastofourPast images, phrases, designs, logos, articles, videos, and other content may be protected under Federal copyright and or Trademark law. You agree not to infringe on any of our Trademarks or copyrighted content.

ii)You also agree to never use our marketplace to sell any fake or knockoff items or products that infringe on the trademark and or copyright rights of other sellers or businesses who may or may not do business in the BlastofourPast Marketplace.

16)Limited Liability and Warranties For Buyers

BlastofourPast is providing our website as a marketplace venue for sellers and buyers to come together for business activity which may result in hundreds to millions of products being listed by independent sellers.

i)We can not make any representations or warranties regarding the conditions, quality, safety, or legality or functionality of any products or services listed or sold by any of our independent sellers or by the BlastofourPast store where we sell products directly to buyers.

ii)You understand and agree that you must sue or bring and legal claim against the seller you purchased the item from or interacted with

iii)You release BlastofourPast of any and all legal claims you bring against a seller regarding any product you purchased from that seller. You also release BlastofourPast of any and all legal claims brought against an online seller in our marketplace as a result of any interactions you have with a seller even if no product was purchased. iv)BlastofourPast can not be responsible for the hundreds to millions of products that may be or are sold by our online sellers. You release BlastofourPast from any liability that may stem from a defective item or product sold by any of our online sellers.

v)If you purchase a product from a seller through our website that causes you physical injury, has defects, is not as described or you feel a seller made a misrepresentation regarding an item you purchased, you release BlastofourPast from any claims in connection to or relating to any item you purchased from our sellers. Warranties and Limitation of Liability Relating to our Services We Provide You We are providing you with the service of an online marketplace that may result in the sale of your products or services. BlastofourPast denies, rejects, refuses and disclaims any guarantee or warranty inferred by a pattern of performance, procedure or direction of dealings or usage of trade. We do not guarantee or promise any numeric amount or volume of sales of your products or services

17) Technical Issues and Website Status

BlastofourPast can not guarantee that access to our website or access to our services will be available 24 hours seven days a week regardless of the fact that it is in our best interest to have a fully functional website

i)We utilize https technology but can not guarantee our services will be free from malicious codes, viruses, or other hostile uses of technology to harm or interfere with our daily business proceedings.

ii)You understand your experience on our website may not meet your expectations. As the BlastofourPast Marketplace grows we may have thousands to millions of independent sellers and strongly encourage You to contact us regarding any issues you may have regarding your experience on our website.

iii)We do not guarantee we will be able to fix or eliminate any unforeseen technological issues,security issues, delays, outages, defects, errors at any particular time and you understand use of our website is at your own risk.

18) Incidental or Consequential Damages

i)BlastofourPast, its employees, owner or directors shall not be liable to You for any incidental, indirect, consequential or punitive damages arising out of or in relation to your use of our services or acceptance of the Terms of Use.

19) Indemnification

i)The seller or account holder agrees to indemnify and hold harmless BlastofourPast, its employees, owner or directors against any loss, liability, legal claim, damages, or expenses incurred in connection with your use or misuse of our services, website, or acceptance of these Terms of Use, or your breach of this Terms of Use agreement, or your infringement of another buyer's or seller's rights. ii)You agree to hold harmless, protect and defend BlastofourPast, its owner, and our employees from any and all claims, demands, damages, loss of profit or revenue in connection with the use of our website and the use of our services.

20) Disputes with Sellers and Buyers in the BlastofourPast Marketplace

BlastofourPast may have hundreds, thousands or millions of sellers participating in our online marketplace. i)You must first contact the seller if you have an issue or dispute regarding a purchase you made. You understand and agree not to hold BlastofourPast responsible for any outcome or decision by the seller or credit card company or Paypal regarding All Buyers must contact Paypal or the seller or the credit card company you used to make your purchase from our seller any dispute you have with a seller. ii)If a seller or buyer uses threatening, abusive, harassing, obscene, vulgar, or degrading communication with you please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and at our sole discretion we may suspend or terminate the account of that seller to make the marketplace a safer place. iii)BlastofourPast will maintain a database of abusive sellers and buyers and reserves the right to take any action necessary to prevent damage to the integrity of our marketplace. iv)As described in our Terms of Use we may suspend or terminate any and all accounts within the marketplace at any time and abusive or illegal behavior by any buyer or seller against any other buyer or seller or BlastofourPast may lead to the termination or suspension of your account without notification v) For your security and ours if we suspect or need to verify the legitimacy and accuracy of your account while handling or reviewing a current or unresolved dispute and you fail to cooperate with us we may terminate or suspend your account without notification. vi) You agree to contact the buyer or seller using the email on file when you opened up your account. vii) You agree to provide us with reliable documentation using your email on file with us regarding your dispute. BlastofourPast will never respond to any other email you use for our security and yours. vii) You release BlastofourPast from any and all demands, claims, damages, losses and liabilities arising out of disputes with other sellers or buyers.

 

 

 

Contacting BlastofourPast: Contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.