TERMS OF SERVICE

Last updated: April 24, 2023

Welcome to Encore, which is short for Encore Marketplace Inc.

Take time to review Encore’s Terms of Service and any other policies or rules Encore publishes before using Encore. Encore’s Terms of Service and other policies and rules are a legal agreement between Encore’s users (you), and Encore Marketplace Inc. (Encore). As soon as you, the user, start using Encore, you and Encore have entered this legal agreement, and by default, you agree to abide by these terms. If you do not agree to Encore’s Terms of Service, as outlined below, you are not allowed to use Encore in any way.

Requirements of use of Encore

You must be at least 18 years old in order to use Encore in any capacity, including any use of the application, including but not limited to buying or selling items, and creating an account. By using the app in any capacity, you acknowledge and represent that you are at least 18 years old. If you are not 18 years old, or you do not agree with Encore’s Terms of Service, you may not use, and you must not use Encore in any form.

We refer to “content” in the below section, which is defined as any text, image, video, audio file, or any other content the user creates.

By using Encore, you agree that you will not, and you will not encourage anyone else to:

• Post content that violates the rights of others, including third parties in any way
• Post content that violates any law, laws, regulation, or regulations
• Post content that is misleading or deceptive
• Post content with the intent to commit fraud
• Post content that is vulgar, offensive, or pornographic
• Post content that includes hate speech
• Post content that threatens anyone
• Post content that promotes illegal activity
• Post content that promotes regulated substances
• Post content that violates any entity’s copyright or trademark rights
• Use Encore for any purpose that breaks any law
• Use Encore to promote illegal activities
• Use Encore to spread hate speech
• Use Encore to defame anyone
• Use Encore to, or to attempt to, harm a person or group, either physically, emotionally, or both
• Use Encore to sell or distribute any stolen or counterfeit item
• Use Encore to sell or distribute any of the following items: alcohol, drugs including tobacco, any controlled substances, anything that is stolen or illegal, any item used for the purposes of gambling including but not limited to lottery tickets, any object used for sexual acts or directly related to sexual acts, medical supplies, “fake” or counterfeit items, weapons of any kind including but not limited to firearms and knives, anything that is illegal to ship within the United States. Encore reserves the right to determine whether any item is not allowed on the site, even if the item is not categorized as fitting into one of these categories.
• Bypass any restrictions Encore has placed on using Encore’s products or services
• Make multiple accounts on Encore per user; any user must solely use their own account and not create any other accounts
• Use an Encore account that you do not own
• Allow or permit others to use your Encore account
• Send or distribute in any way false information, spam, advertising or promotional materials, or any other information deemed by Encore not applicable to Encore’s intended functionality
• Send or request personal information to other users
• Suggest or participate in using Encore to transact outside of the Encore platform
• Interfere or attempt to interfere, or encourage anyone else to interfere or attempt to interfere with the intended use or functionality of Encore’s products or services
• Mask or attempt to mask your IP address while using the app
• Harvest data via any form of technological automation
• Reverse engineer any part of the app or the app’s software
• Copy the app in any way, for either commercial or personal use
• Automate any process on the app that we do not approve

Encore has the right to moderate content on the App, but we are not obligated to do so. We will take action against users who violate these terms (via a ban), or can and will delete content without notice if it violates these rules; Encore reserves the sole right to do so. We will also cooperate with any government organizations, including law enforcement, if users break the law. If you become aware of any user breaking the law or these terms, please contact us at support@buyencore.com. Encore is not responsible for the accuracy, safety, or intellectual property rights of user content.

By agreeing to these terms, you agree to resolve any issue between you and Encore outside of course (not in court) via binding, individual arbitration, with limited exception. If you reside in a jurisdiction that prohibits arbitration of disputes, this agreement does not apply to you.

Description of Encore

Encore is a platform that facilitates transactions. This means Encore connects buyers and sellers together. Encore is not included in any agreement between a seller and buyer of items, or between any users of our platform. We facilitate transactions that may or may not occur. Users also agree to and must abide by the terms and conditions of any third party application Encore uses, and therefore serves our users. Encore does not process payments, but Encore uses a third-party. In addition, Encore does not create or sell items that are for sale on the Encore app, and Encore is not responsible for any claims, assurances, videos, descriptions, or otherwise, of items listed for sale on our site.

To the maximum extent permitted under applicable law, Encore disclaims any liability or responsibility related to, in any way, the items listed for sale on the Encore app and any User Content posted, uploaded, or in any other way made publicly available through the Encore app or Encore-affiliated sites. Encore is under no circumstances liable for any text, picture, or video content uploaded to Encore. Encore reserves the right to terminate, cancel, reverse, or remove listings for any reason. Encore is also not liable to anyone related to these listed actions, including both buyers and sellers. Encore reserves the right to cut, crop, edit, re-publish content posted to Encore on Encore-affiliated sites, meaning Encore social media sites, or refuse to publish your User Content at our sole discretion.

Transactions, Returns & Refunds

Encore’s platform does not support returns. Users do not have a right to a return. However, in the event a user does not receive the item they purchased, or the item they received is significantly different from the listing (either video or description) of the item, Encore will issue a refund and facilitate the return of the item. Either open a support ticket via the App, or email support@buyencore.com to initiate this process. Upon purchase of an item, the buyer and seller are entering a binding contract between the buyer and seller, not Encore. Encore may delay or reverse any purchase to protect users of illicit or illegal activities, or for fraud prevention purposes, or for any other reason, at Encore’s sole discretion. Encore is not liable for any damages in any form or capacity that result through user use of the Encore App, services, or any other activity related to Encore’s business.

Taxes

Encore is in no way responsible or liable for facilitating or issuing tax information or documents or in any way assisting users in anything related to their taxes. Users (sellers) are solely responsible for reporting income made on Encore to the proper tax authorities.

Fees

Encore charges a fee of 7% to sellers. There is no payment processing fee for sellers to pay. Buyers are charged a payment processing fee of 2.9% + $0.30. Encore reserves the right to change fees, without notice, at any time, and for any reason.

Shipping

Sellers are responsible for setting the shipping cost of their item. Upon a purchase, Encore will provide the seller with the buyer’s inputted shipping address, and it is up to the seller to ship the item. If the item is not shipped within a certain amount of time, Encore will notify the seller before canceling the transaction. Encore is not responsible to either the buyer or seller for damage to items in the mail, but reserves the right to refund transactions if proper packaging of the item was completed.

Copyright Infringement

Encore is under no obligation to make efforts to investigate notices of alleged infringement or violations of third-party intellectual property, however Encore respects third-party intellectual property and will make reasonable efforts to investigate and take action in regards to any infringement. If you have infringement to report, please contact support@buyencore.com.

Indemnity

User agrees to defend, indemnify, release, and hold Encore harmless from any and all claims, including reasonable attorney fees, that arise from any user action, misuse, inaction, or use of the App, Encore services, or anything else related to Encore’s business.

Changes to these Terms

Encore has the right to change, update, or modify this Agreement at any time, and for any reason, under Encore’s sole discretion. Encore is not liable to users or any third party for any modification or discontinuation of services or Agreement.

Please contact us with any questions or anything related to this agreement by emailing support@buyencore.com.