Terms of Service

Welcome to NoLie ("NoLie", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the NoLie website, auction marketplace, and related services (collectively, the "Platform").

By creating an account, placing a bid, creating a listing, purchasing an item or experience, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, do not use NoLie.

1. Incorporation of Policies

These Terms incorporate by reference the following:

• Privacy Policy
• Refund Policy
• Creator Agreement (if applicable)
• DMCA Policy
• Any additional policies or rules posted on the Platform

If a conflict exists between these Terms and a specific Policy, the Policy controls for that subject matter.

2. Eligibility

You must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have legal capacity to enter into binding agreements
• Not be prohibited from using the Platform under applicable law

NoLie may refuse or restrict access at its sole discretion for legal, compliance, fraud, safety, or operational reasons.

3. Platform Role and Structure

3.1 Marketplace Intermediary

NoLie operates a technology platform that enables auctions between independent users.

For listings created by third-party creators:

• NoLie is not the seller.
• NoLie is not an agent, broker, partner, or representative of any user.
• NoLie does not control or supervise fulfillment.
• Transactions occur directly between Buyers and Sellers.

3.2 NoLie as Seller of Record

In certain cases, NoLie may directly list items or experiences on the Platform. For those specific listings only:

• NoLie acts as the seller of record.
• NoLie assumes seller obligations consistent with applicable law.
• All other listings remain third-party transactions.

4. Accounts and Security

Users must:

• Provide accurate and current information
• Maintain confidentiality of login credentials
• Notify NoLie immediately of unauthorized access

Accounts may not be transferred, sold, or reassigned without written consent.

NoLie may suspend or terminate accounts at its discretion.

5. Auctions and Binding Bids

5.1 Binding Nature of Bids

All bids are binding and may not be withdrawn once placed.

5.2 Automatic Payment Authorization

By placing a bid, you authorize NoLie and its payment providers to:

• Store payment information
• Verify funds
• Charge your method if you win

Failure to complete payment may result in account suspension.

6. Payments and Payouts

Payments are processed through third-party providers (including Stripe).

NoLie may:

• Hold, delay, or reverse payouts
• Offset future payouts
• Withhold funds for disputes or compliance review

Sellers are responsible for taxes, reporting, and regulatory compliance.

7. Seller Obligations

Sellers agree to:

• Accurately describe listings
• Fulfill listings as described
• Comply with all laws and regulations
• Handle logistics and delivery

Sellers acknowledge they are independent parties.

8. Physical Items

For physical goods:

• Sellers are responsible for authenticity and condition
• Buyers assume risk after confirmed delivery
• NoLie is not responsible for damage in transit unless acting as seller of record

9. Experiences and In-Person Interactions

9.1 Platform Disclaimer

For any in-person or digital experience:

• NoLie is not an event organizer.
• NoLie does not supervise interactions.
• NoLie does not provide security or insurance.
• NoLie does not conduct background checks.

9.2 Assumption of Risk

Participants assume all risks associated with in-person interactions, including but not limited to:

• Personal injury
• Property damage
• Travel risks
• Misconduct
• Emotional distress

9.3 Independent Responsibility

Creators are solely responsible for:

• Scheduling
• Venue compliance
• Waivers
• Legal compliance
• Participant safety

10. Prohibited Conduct

Users may not:

• List illegal or regulated items
• Engage in fraud or misrepresentation
• Violate payment processor rules
• Harass or threaten others
• Upload infringing content

NoLie may remove listings or accounts at its sole discretion.

11. Refunds and Disputes

Refunds and disputes are governed by the Refund Policy.

NoLie retains final decision-making authority regarding dispute outcomes.

12. Fees

Platform fees apply to successful auctions and may change with notice.

Fees are non-refundable.

13. Intellectual Property

NoLie retains all rights to Platform software and branding.

Users grant NoLie a royalty-free license to use uploaded content for operating and promoting the Platform.

14. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."

NoLie disclaims all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

NoLie makes no guarantee regarding:

• Earnings
• Platform uptime
• User conduct
• Auction outcomes

15. Limitation of Liability

To the maximum extent permitted by law:

NoLie shall not be liable for:

• Indirect or consequential damages
• Personal injury
• Property damage
• Lost profits
• Reputational harm

NoLie’s total liability shall not exceed the greater of:

• $100 USD, or
• Fees paid to NoLie in the preceding 12 months

16. Indemnification

Users agree to indemnify and hold harmless NoLie from claims arising out of:

• Listings
• Fulfillment
• In-person interactions
• Legal violations
• Third-party rights infringement

17. Governing Law and Arbitration

These Terms are governed by the laws of the State of Delaware.

Disputes shall be resolved by binding arbitration administered by the American Arbitration Association.

Class actions are waived.

Users may opt out of arbitration within 30 days of account creation.

18. Force Majeure

NoLie is not liable for delays caused by events beyond its reasonable control.

19. Modifications

NoLie may update these Terms at any time. Continued use constitutes acceptance.

20. Contact

NoLie, Inc.

A Delaware C-Corporation

Email: support@nolie.com