Terms of Service

• AGREEMENT TO TERMS Welcome to GearReplay.com (“Gear Replay”), a platform offering various online resources, including classified ads and messaging services, collectively referred to as “the Service.” Your use of the Service is subject to the following Terms of Use (“Terms”). By accessing or using the Service in any manner, you agree to comply with these Terms. Additionally, when using specific Gear Replay services, you must adhere to any applicable guidelines, which may be updated from time to time. If you disagree with any aspect of these Terms or become dissatisfied with Gear Replay, your only option is to immediately cease using the Service. Please note that Gear Replay reserves the right, though not obligated, to enforce these Terms through various means, including self-help, community moderation, investigations, legal action, and prosecution.
• CHANGES TO THIS AGREEMENT We retain the discretion to modify, alter, or amend these terms and conditions at our sole discretion. Such changes will take effect immediately upon their posting. We urge you to regularly review this agreement to stay informed of any updates. You can find the most recent version of the Terms at: https://gearreplaycom.kinsta.cloud/?page_id=9
• CONTENT RESPONSIBILITY You acknowledge that all content, such as postings, messages, text, files, images, photos, videos, sounds, or other materials (“Content”), made available through the Service is the sole responsibility of the individuals who create and share it. Specifically, you are entirely accountable for each item of Content that you post, email, or otherwise provide via the Service. Please be aware that Gear Replay does not exercise control over Content available through the Service, and by using the Service, you may encounter Content that is offensive, inaccurate, misleading, or objectionable. Furthermore, the Gear Replay site and Content accessible through the Service may include links to independent websites unrelated to Gear Replay. Gear Replay does not guarantee the accuracy, completeness, or authenticity of information on such sites. Your decision to access other websites is at your own risk. You agree to evaluate and assume all risks associated with the use of any Content, refrain from relying on said Content, and acknowledge that Gear Replay does not pre-screen or endorse Content. However, Gear Replay retains the right (but not the obligation) to refuse, delete, or relocate any Content available via the Service that violates the Terms or for any other reason, at its sole discretion.
• THIRD-PARTY CONTENT, SITES, AND SERVICES The Gear Replay site and Content accessible through the Service may provide access to third-party content, which is entirely independent of Gear Replay. This includes websites, directories, servers, networks, systems, information, databases, applications, software, programs, products, services, and the internet as a whole.

Your interactions with organizations or individuals found on or through the Service, including transactions involving goods or services, are solely between you and them. Any terms, conditions, warranties, or representations associated with such interactions are your responsibility to investigate and assess before proceeding with online or offline transactions with these third parties.

You agree that Gear Replay shall not be held responsible or liable for any loss or damage resulting from such dealings. In the event of a dispute between users on this site or between users and any third party, you understand and agree that Gear Replay is under no obligation to intervene. If you engage in disputes with other users, you hereby release Gear Replay, its officers, employees, agents, and successors from any claims, demands, and damages (whether actual or consequential) arising out of or related to such disputes and/or our service.

• REPORTING COPYRIGHT INFRINGEMENT If you believe that your intellectual property rights have been infringed upon, particularly in a manner that constitutes copyright infringement, please notify Gear Replay’s agent for claims of copyright or other intellectual property infringement (“Agent”) at customerservice@GearReplay.com

To report a claim, provide our Agent with the following information:

a) Identify the specific material on the Gear Replay site that you claim infringes your copyright, providing enough detail for us to locate it on the website. b) A statement, made in good faith, that you believe the disputed use is not authorized by the copyright owner, its agent, or the law. c) A statement, made under penalty of perjury, that (1) the information in your claim is accurate and (2) you are the owner of the copyright interest in question or authorized to act on the copyright owner’s behalf. d) Your contact information, including address, phone number, and email address. e) Your physical or electronic signature.

Gear Replay will remove the infringing content, following procedures outlined in the Digital Millennium Copyright Act (DMCA).

• PRIVACY AND INFORMATION DISCLOSURE Gear Replay has established a Privacy Policy explaining how user information is collected and utilized, available at the following web address: https://gearreplaycom.kinsta.cloud/?page_id=3

Your use of the Gear Replay website or the Service signifies your acknowledgment and agreement to our Privacy Policy. You further acknowledge and agree that Gear Replay may, at its sole discretion, retain or disclose your Content and information, such as email addresses, IP addresses, timestamps, and other user data, as required by law or in good faith belief that such retention or disclosure is reasonably necessary to:

• Comply with legal processes.
• Enforce the Terms.
• Address claims that any Content violates third-party rights.
• Address claims of unauthorized contact information sharing or harassment.
• Protect the rights, property, or personal safety of Gear Replay, its users, or the general public.
• CONDUCT You agree not to post, email, or otherwise provide Content that:

a) Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or harmful to minors. b) Is pornographic or depicts explicit sexual conduct, including but not limited to sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of genitals or pubic area. c) Harasses, degrades, intimidates, or promotes hate based on religion, gender, sexual orientation, race, ethnicity, age, or disability. d) Violates the Fair Housing Act by expressing discriminatory preferences in housing-related notices or ads. e) Violates equal employment opportunity laws by stating discriminatory preferences or requirements in job advertisements. f) Violates the anti-discrimination provision of the Immigration and Nationality Act (applies to employers with four or more employees) by requiring U.S. citizenship or lawful permanent residency as a condition for employment, except where required by law, regulation, executive order, or government contract. g) Impersonates any person or entity, including Gear Replay employees or misrepresents your affiliation with any person or entity (excluding lawful, non-deceptive public figure parody). h) Includes personal or identifying information about another person without explicit consent. i) Is false, deceptive, misleading, or constitutes “bait and switch.” j) Infringes any patent, trademark, trade secret, copyright, or other proprietary rights or violates any contractual or fiduciary relationships. k) Constitutes “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisements. l) Facilitates or contains any form of advertising or solicitation inappropriately or without user consent. m) Contains links to commercial services or websites, unless allowed in designated areas. n) Advertises illegal services or items prohibited or restricted by applicable U.S. laws.

Additionally, you agree not to:

r) Contact individuals who have requested not to be contacted or engage in unsolicited commercial contact. s) “Stalk” or harass anyone. t) Collect personal data about other users for commercial or unlawful purposes. u) Use automated tools like spiders, robots, or data mining to extract information from the Service without express permission. v) Post the same item or service in multiple categories or metropolitan areas. w) Attempt to gain unauthorized access to Gear Replay’s systems or disrupt the Service’s functionality. x) Use automated devices or programs to submit postings on Gear Replay without manual entry, unless explicitly approved in writing. y) Employ automated devices or programs to manipulate the “flagging system” or other community moderation systems. z) Misuse automated flagging tools to remove competitors’ posts or posts without legitimate grounds.

• POSTING AGENTS A “Posting Agent” refers to a third-party agent, service, or intermediary that offers to post Content on the Service on behalf of others. To manage our resources effectively, you may not use a Posting Agent to post Content without express permission or license from Gear Replay. Posting Agents are also prohibited from posting Content on behalf of others, causing Content to be posted on behalf of others, or accessing the Service to facilitate such posting without express permission or license from Gear Replay.
• NO SPAM POLICY Any unauthorized use of Gear Replay’s computer systems for sending unsolicited email advertisements to Gear Replay email addresses or through Gear Replay computer systems is expressly prohibited by these Terms and violates federal and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Violations may result in civil and criminal penalties for the sender and their agents.
• PAID POSTINGS Certain areas of the Service may require a fee to post Content. This fee grants access to post Content in designated areas. The party posting Content on the Service is responsible for said Content and its compliance with the Terms. All fees paid are non-refundable, even if Content is removed from the Service for violating the Terms.
• LIMITATIONS ON SERVICE You acknowledge that Gear Replay may establish limits on the use of the Service, such as maximum retention periods for Content, maximum posting or messaging quotas, and the frequency of access. Gear Replay bears no responsibility or liability for the deletion or failure to store Content transmitted or maintained by the Service. Gear Replay reserves the right to modify or discontinue the Service, or any part thereof, at any time, with or without notice, and will not be liable for any modifications, suspensions, or discontinuations of the Service.
• ACCESS TO THE SERVICE Gear Replay grants you a limited, revocable, non-exclusive license to access the Service for personal use. This license does not include access via Posting Agents, collection, aggregation, copying, duplication, display, or derivative use of the Service. It also excludes the use of data mining tools, robots, spiders, or similar data gathering and extraction tools unless explicitly permitted by Gear Replay.

An exception to the above restriction is provided for internet search engines and non-commercial public archives that use such tools solely for gathering information to display hyperlinks to the Service. These entities must operate from a stable IP address or range of IP addresses using an easily identifiable agent and comply with Gear Replay’s robots.txt file.

Gear Replay offers certain parts of the Service in RSS format for users to embed individual feeds into websites or view postings through third-party software news aggregators. You are permitted to display, excerpt, and link to RSS feeds on your website under specific conditions, including proper attribution, avoidance of implying Gear Replay’s endorsement, and not overburdening Gear Replay’s systems. Gear Replay reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Any use of the Service beyond authorized access immediately revokes permission or license.

• TERMINATION OF SERVICE You agree that Gear Replay has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or terminate your access to the Service (or any part thereof) at any time and without notice. Gear Replay may also remove and discard any Content within the Service. Such actions may occur for various reasons, including a belief that you have violated the Terms or acted inconsistently with their spirit. You agree that Gear Replay will not be liable to you or any third party for any such termination of access. Furthermore, you agree not to attempt to use the Service after such termination. Provisions 2, 4, 6, and 10-19 will survive termination of the Terms.
• PROPRIETARY RIGHTS The Service is protected to the fullest extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works, or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without Gear Replay’s express written consent.

You also agree not to reproduce, duplicate, or copy Content from the Service without Gear Replay’s express written consent and to respect all copyright notices displayed on the Service. Decompiling, disassembling, reverse engineering, or attempting to discover any source code contained in the Service is expressly prohibited.

By posting Content to any public area of the Service, you grant Gear Replay an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content. This license includes the creation of derivative works or incorporation into other works and sublicenses through multiple tiers. By posting Content, you also grant Gear Replay all rights necessary to prohibit subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

• DISCLAIMER OF WARRANTIES YOUR USE OF THE Gear Replay SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Gear Replay SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

Gear Replay DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Gear Replay SITE AND THE SERVICE. Gear Replay ALSO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Gear Replay SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Gear Replay SITE. Gear Replay DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Gear Replay SITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you to the extent they relate to implied warranties.

• LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL Gear Replay BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF Gear Replay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OF THE Gear Replay SITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Gear Replay SITE OR THE SERVICE, INABILITY TO USE THE Gear Replay SITE OR THE SERVICE, OR INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Gear Replay SITE OR THE SERVICE.

THESE LIMITATIONS SHALL ALSO APPLY TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Gear Replay SITE OR THE SERVICE OR ANY LINKS ON THE Gear Replay SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Gear Replay SITE OR THE SERVICE OR ANY LINKS ON THE Gear Replay SITE.

These limitations of liability apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not allowed, and some of the foregoing limitations may not apply to you.

• INDEMNITY You agree to indemnify and hold Gear Replay, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, or make available through the Service, your use of the Service, your violation of the Terms, your breach of any representations and warranties herein, or your violation of the rights of another.
• GENERAL INFORMATION The Terms constitute the entire agreement between you and Gear Replay, superseding any prior agreements between you and Gear Replay. The Terms and the relationship between you and Gear Replay shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Gear Replay agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.

The failure of Gear Replay to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

• VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the Terms by flagging the posting(s) for review or by contacting us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Gear Replay to pursue legal action to enforce these Terms, you will be liable to pay Gear Replay the following amounts as liquidated damages, which you accept as reasonable estimates of Gear Replay’s damages for the specified breaches of these Terms:

a. If you post a listing or message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Gear Replay one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.

b. If Gear Replay establishes limits on the frequency with which you may access the Service or terminates your access to or use of the Service, you agree to pay Gear Replay one hundred dollars ($100) for each listing or message posted in excess of such limits or for each day on which you access Gear Replay in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Gear Replay email addresses or through Gear Replay computer systems, you agree to pay Gear Replay twenty-five dollars ($25) for each such email.

d. If you post Content in violation of the Terms, other than as described above, you agree to pay Gear Replay one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Gear Replay may elect to issue a warning before assessing damages.

e. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay Gear Replay one hundred dollars ($100) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay Gear Replay an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Gear Replay’s express written permission, you agree to pay Gear Replay three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay Gear Replay’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Gear Replay retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.