Date of Last Revision: 01/15/23
Effective Date: 07/27/17
TelescopeTrader.com, owned and operated by Tinyblue, LLC, is an online venue for members to list astronomy-related gear, equipment, apparel, and books for buyers to contact other other members. TelescopeTrader.com is not involved in the transaction between buyers and sellers. As a result, TelescopeTrader.com has no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings or posting, of the ability of sellers to sell items or the ability of buyers to buy items. Therefore, TelescopeTrader.com cannot and will not ensure that a buyer or seller will actually complete a transaction.
TelescopeTrader.com provides access to a marketplace for the sale of astronomy gear, equipment, apparel, books, and more. These Terms of Use govern Your access to, and use as an end user of our websites, Mobile Applications, or Online Services (the “Services”). You agree to be bound by these Terms of Use and all terms incorporated by reference. Do not use our website, mobile application, or online services if you do not agree to all of these terms.
Registration
To sell or buy gear on TelescopeTrader.com, potential sellers and buyers must register and purchase a paid membership. Registering to participate implies acceptance of these Terms of Use. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access the Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim user accounts on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
Age: You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use TelescopeTrader.com or the Services. You are responsible for all account activity conducted by a minor on your account.
Username: When registering you may select any username available so long as the name is appropriate. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates these Terms of Use.
We host a large group of astronomers and astrophotographers who buy and sell their used astronomy gear, making this marketplace a unique way to engage with the astronomy and photography community. Please read through our Terms of Use before using the site to list equipment or make a purchase. When you use the website you are agreeing to these Terms of Use. We welcome you to our family and hope you have great success using our platform and services to receive the best return for selling used gear or finding new gear at an affordable price.
1. The TelescopeTrader.com Marketplace Exchange
TelescopeTrader.com is a community marketplace that allows users to exchange telescopes, lenses, and other astronomy gear and equipment according to the guidelines laid out in the Terms of Use. While TelescopeTrader.com has measures in place to screen our members for credibility, it cannot guarantee the accuracy of the listings, or the means of the buyer to pay for items. By agreeing to these Terms of Use, you agree that TelescopeTrader.com is not liable for any dishonesty on the part of its users. Furthermore, TelescopeTrader.com is a marketplace that is neither responsible for nor liable for the accuracy of its users’ listings, profile images and data or user content.
TelescopeTrader.com retains the right to terminate services at any time for violation of its Terms of Use. Access to the TelescopeTrader.com site can be suspended or revoked at any time with TelescopeTrader.com’ sole discretion. Inactive or unconfirmed accounts can be cancelled at any time.
2. Responsibilities of Members
You agree that you are 18 years of age or older and can legally enter contracts. You agree to abide by the Children’s Online Privacy Protection Rule (“COPPA”) and any persons under the age of 18 agree to operate under the consent and supervision of a parent or guardian who is 18 years or over. For all intents and purposes, the Parent or Guardian is considered the “User” and is responsible for the underage party. You hereby confirm that all information provided by you to TelescopeTrader.com’ website is accurate and truthful and understand that TelescopeTrader.com reserves the right to refuse access to it’s site and services should this agreement be voided in any way, i.e. through the posting of inaccurate information.
You agree to abide by the local laws of online conduct and abide by TelescopeTrader.com’ Terms of Use and Community Guidelines, which may be updated without notice to you. TelescopeTrader.com will make every reasonable effort to inform users of changes to this policy but does not implicitly guarantee this. By agreeing to these terms you hereby waive any and all rights and claims to immediate notice of changes to TelescopeTrader.com policies.
It is the responsibility of the user to maintain their own username and password security. By agreeing to these terms, you accept responsibility for any failure to keep your password confidential and any misconduct, loss or damage that may result. You agree to notify TelescopeTrader.com immediately of any security breach regarding your password.
By agreeing to these terms you agree that your account information is up to date, including any personal information, billing address, valid payment method and valid email address. User accounts are non-transferable.
It is the responsibility of all members selling items to ensure that the items are correctly packaged. Failure to pack your items properly and safely can result in damage during shipping and sellers will be held responsible if poor packaging is used during shipping and determined to have caused any damage to items during the shipping process. It is also the responsibility of the user to provide tracking information when shipping orders. Tracking information is your proof of shipment and delivery, and TelescopeTrader.com cannot be held responsible if orders are lost or stolen. You, the seller, are responsible for ensuring your items have correct and appropriate tracking information.
Sellers must include actual photos of the items showing the condition and any scratches or damage. Stock photos are not accepted for used items. New items can have stock manufacturers photos, but should also include at least one photo of each item and its original packaging.
3. Breach of Contract
TelescopeTrader.com reserves the right to terminate, without notice, any user account that violates the Terms of Use. TelescopeTrader.com may, at it’s discretion, revoke membership status immediately without refund of fees, remove content, or limit a user’s access or functionality when using the site. If a user has breached this agreement, or TelescopeTrader.com believes or has reason to believe a user is in breach of the agreement, TelescopeTrader.com may issue a formal warning, temporarily or permanently suspend, or otherwise prohibit access to all or portions of the TelescopeTrader.com website.
4. Membership Fees
Setting up an account and listing your equipment requires a paid membership. TelescopeTrader.com reserves the right to update it’s billing policy, effective immediately upon posting and reserves the right to make temporary promotional adjustments to the billing policy.
If outstanding payments are owed to TelescopeTrader.com after the termination or closing of an account, you hereby expressly agree that TelescopeTrader.com may capture those funds via the payment method associated with the account. You hereby waive all claims against TelescopeTrader.com for capturing outstanding funds.
5. Your Content
By uploading content to the TelescopeTrader.com website you grant TelescopeTrader.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights, both known and not currently known, with respect to your content. You agree that TelescopeTrader.com has the right to store, re-format and display your content per TelescopeTrader.com’ discretion.
You agree that by uploading to TelescopeTrader.com your content (unless otherwise noted in the Privacy Policy) may be found on third-party websites and that this is through no express fault of TelescopeTrader.com. When displaying your own TelescopeTrader.com-hosted imagery, you must provide a link along with the image or content that leads to an item’s listing on TelescopeTrader.com’ website.
Your information will not be used in any way that violates the TelescopeTrader.com Privacy Policy, and you hereby agree to maintain the confidentiality of other users’ information, including but not limited to email and shipping address unless express permission is granted by the other user.
When communicating with TelescopeTrader.com, your unsolicited comments, suggestions, ideas, and materials pertaining to the communication (with the exception of items being sold by users) are not considered confidential, and TelescopeTrader.com is not liable for any use or disclosure. By agreeing to these terms, you agree to grant TelescopeTrader.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the aforementioned information in any way without the obligation of payment or acknowledgment of it’s original source.
6. Censorship
TelescopeTrader.com is a member-based marketplace, meaning it’s content is largely provided by it’s members. TelescopeTrader.com is not liable for that content or any deception, misuse, or misconduct on the part of its users. By agreeing to these terms, you agree that you accept the risks of using TelescopeTrader.com’ services, and you agree to use proper judgement when making online trades with other users. TelescopeTrader.com reserves the right to remove information or listings that are deemed offensive, irrelevant, or intentionally deceitful.
7. Dispute Settlement
Should any issues between you and TelescopeTrader.com arise, please contact TelescopeTrader.com immediately. Any disputes with regard to the Terms of Use shall be settled by arbitration in Pima County Arizona in Tucson, Arizona, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”).
In the event of issues between you and any other user(s), you agree that TelescopeTrader.com is not to be held responsible and to contact local law enforcement, should the need arise. While TelescopeTrader.com is able to offer help mediating disputes, you agree that the sole responsibility of resolution is with the users experiencing the dispute. By using this service you are accepting these terms and waive all rights to seek compensation from TelescopeTrader.com for unresolved seller/buyer disputes.
8. Communication
Creating an account with TelescopeTrader.com establishes a business relationship and by agreeing to these terms, you hereby consent to any and all forms of contact (where information is provided by you) from TelescopeTrader.com.
Both parties (the user and TelescopeTrader.com) are considered to be independent contractors, and are in no way creating an agency, partnership, franchise, or joint venture. The user is not an employee of TelescopeTrader.com.
9. Trademarks and Usage
TelescopeTrader.com, and all branded material, both physical and digital, including logo, icons, and service names are trademarks of TelescopeTrader.com and its affiliates. This material cannot be used without written consent from an authorized representative of TelescopeTrader.com.
TelescopeTrader.com reserves the right to exclude robot, spider, scraper, and other unauthorized technologies from use and operation of its site. All modifications and derivatives of TelescopeTrader.com are prohibited in accordance with this agreement, and such activity may lead to suspension or restriction from TelescopeTrader.com’ site and services.
TelescopeTrader.com reserves the right to edit or remove content at its administrators’ sole discretion, namely in the event of inflammatory, inaccurate, or defaming information being posted by users. Fraudulent activity may lead to legal recourse from TelescopeTrader.com.
10. Warranty Information
TelescopeTrader.com, TelescopeTrader.com’s affiliates, suppliers, employees, and subsidiaries cannot guarantee the validity of factory warranties on used equipment. Sellers may offer additional warranties on their own accord or through a third party and any warranty disputes are the responsibility of those parties and not TelescopeTrader.com. The TelescopeTrader.com website is used “as-is,” and there is no warranty, implicit or expressed, when using the website. No information, advice, or recommendations given by TelescopeTrader.com (or affiliates, suppliers, employees, or subsidiaries) shall create any type of warranty. This information may not apply to you if you live in a state or country that does not allow the disclaimer of implied warranties. You may have other legal rights depending on local state laws and regulations.
11. Pricing and Taxation
TelescopeTrader.com is not responsible for any tax liability pertaining to the purchase or sale of any items on its site. For information about your personal sales tax liability, we recommend that you seek professional advice. You may be subject to income tax payments based on your gross income from TelescopeTrader.com’ services, and will receive a 1099 form if your income exceeds $20,000. The user agrees that their tax payments are their own responsibility and are in no way the responsibility of TelescopeTrader.com.
12. Changes and Notices
TelescopeTrader.com is under no obligation to alert its users to changes in the Terms of Use, site rules, or any other TelescopeTrader.com policies. Keep yourself up to date on changes by frequently reviewing the site’s policies, as your continued use of the site signifies your acceptance of these terms and all other site policies.
These terms, where applicable, are intended to survive the termination or expiration of this agreement.
Effective Date: Jan 01, 2023