Disclaimer
1. craftunique.com's Terms of Use Agreement
By using the craftunique.com.com web site ("craftunique.com" or the “Site”), a service of craftunique.com, Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"), including those available by hyperlink. If you have any questions, please refer to the help section of the Site.
Before you may become a member of craftunique.com, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 01, 2008 for current users, and upon acceptance for new users.
2. craftunique.com is a Venue
craftunique.com acts as a venue to allow users who comply with craftunique.com’s policies to offer, sell, and buy certain handmade goods within a fixed price format. craftunique.com is not directly involved in the transaction between buyers and sellers. As a result, craftunique.com has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. craftunique.com does not pre-screen users or the content or information provided by users. craftunique.com cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, craftunique.com does not transfer legal ownership of items from the seller to the buyer. craftunique.com cannot guarantee the true identity, age, and nationality of a user. craftunique.com encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that craftunique.com is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on craftunique.com. You use the craftunique.com service at your own risk.
3. Membership Eligibility
Age: craftunique.com's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by craftunique.com’s policies as stated in the Agreement and these craftunique.com policy documents:
The DOs & DON’Ts of craftunique.com
Fees Policy
Privacy Policy
Copyright and Intellectual Property Policy
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify craftunique.com of any unauthorized use of your password or any breach of security. You also agree that craftunique.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on craftunique.com, you must have a valid credit card on file with craftunique.com at all times.
Account Transfer: You may not transfer or sell your craftunique.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: craftunique.com's services are not available to temporarily or indefinitely suspended craftunique.com members. craftunique.com reserves the right, in craftunique.com’s sole discretion, to cancel unconfirmed or inactive accounts. craftunique.com reserves the right to refuse service to anyone, for any reason, at any time.
4. Fees and Services
Joining and setting up a shop on craftunique.com is free. craftunique.com charges fees for listing an item for sale, as well as a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. craftunique.com's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for craftunique.com’s services are effective after craftunique.com provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, craftunique.com may choose to temporarily change the Fees Policy and the fees for craftunique.com's services for promotional events (for example, free listing days); such changes are effective when craftunique.com posts the temporary promotional event on the Site. craftunique.com may, at craftunique.com's sole discretion, change some or all of craftunique.com's services at any time. In the event craftunique.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in EUR (Euros).
You are responsible for paying all fees associated with using craftunique.com. craftunique.com keeps sellers' valid credit card or other accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges and/or termination of the account.
Fees and Termination: If craftunique.com terminates your account, if you close your account, or if the payment of your craftunique.com fees cannot be completed for any reason, you remain obligated to pay craftunique.com for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact craftunique.com.
5. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with craftunique.com’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your craftunique.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their craftunique.com shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with craftunique.com’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. craftunique.com reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding craftunique.com transaction fees, misrepresent the item’s location, or use another user’s account without permission.
6. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to craftunique.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on craftunique.com.
Restricted Activities: Your Content and your use of craftunique.com shall not:
1.Be false, inaccurate or misleading
2.Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3.Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (See also, craftunique.com’s Copyright and Intellectual Property Policy
4.Violate this Agreement, The DOs & DON’Ts of craftunique.com, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5.Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
6.Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including craftunique.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7.Be obscene or contain child pornography
8.Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
9.Host images not part of a listing
10.Modify, adapt or hack craftunique.com or modify another website so as to falsely imply that it is associated with craftunique.com;
11.Appear to create liability for craftunique.com or cause craftunique.com to lose (in whole or in part) the services of craftunique.com’s ISPs or other suppliers
12.Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, the DOs & DON’Ts of craftunique.com, or other policy documents as posted on craftunique.com.
Furthermore, you may not list any item on craftunique.com (or consummate any transaction that was initiated using craftunique.com’s service) that, by paying to craftunique.com the listing fee or the final value fee, could cause craftunique.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
7. Content
License: craftunique.com does not claim ownership rights in your Content. You grant craftunique.com a license solely to enable craftunique.com to use any information or Content you supply craftunique.com with, so that craftunique.com is not violating any rights you might have in that Content. You grant craftunique.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow craftunique.com to store or re-format your Content on craftunique.com and display your Content on craftunique.com in any way as craftunique.com chooses. craftunique.com will only use personal information in accordance with craftunique.com's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another craftunique.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for craftunique.com-related communications. craftunique.com has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any craftunique.com user to your email or physical mail list. For more information, see craftunique.com’s Privacy Policy.
Re-Posting Content: By posting Content on craftunique.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold craftunique.com harmless for any dispute concerning this use. If you choose to display your own craftunique.com-hosted image on another website, the image must provide a link back to its listing page on craftunique.com.
8. Information Control
craftunique.com does not control the Content provided by users that is made available on craftunique.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using craftunique.com, you agree to accept such risks and that craftunique.com (and craftunique.com’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on craftunique.com. Please use caution, common sense, and practice safe buying and selling when using craftunique.com.
Other Resources: craftunique.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. craftunique.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that craftunique.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9. Resolution of Disputes and Release
In the event a dispute arises between you and craftunique.com, please contact craftunique.com.
Should you have a dispute with one or more users, or an outside party, you release craftunique.com (and craftunique.com's employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. craftunique.com encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
craftunique.com, for the benefit of users, may try to help users resolve disputes. craftunique.com does so in craftunique.com’s sole discretion, and craftunique.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that craftunique.com attempts to resolve a dispute, craftunique.com will do so in good faith based solely on craftunique.com’s policies. craftunique.com will not make judgments regarding legal issues or claims.
10. craftunique.com's Intellectual Property
craftunique.com, and other craftunique.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of craftunique.com, Inc. in the EU. and/or other countries. craftunique.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
craftunique.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on craftunique.com is updated on a real-time basis and is proprietary or is licensed to craftunique.com by craftunique.com's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access craftunique.com for any purpose without craftunique.com’s prior express written permission. Additionally, you agree that you will not:
1.Take any action that imposes, or may impose, in craftunique.com’s sole discretion, an unreasonable or disproportionately large load on craftunique.com’s infrastructure
2.Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content, or other allowed uses as set out in the the DOs & DON’Ts of craftunique.com from the Site without the prior expressed written permission of craftunique.com and the appropriate third party, as applicable
3.Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4.Bypass craftunique.com’s robot exclusion headers or other measures craftunique.com may use to prevent or restrict access to craftunique.com
12. Breach
Without limiting any other remedies, craftunique.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn craftunique.com’s community of a user’s actions, issue a warning a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
craftunique.com suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, the DOs & DON’Ts of craftunique.com, or other policy documents and community guidelines incorporated herein; craftunique.com is unable to verify or authenticate any of your personal information or Content; Or craftunique.com believes that a user is acting inconsistently with the letter or spirit of craftunique.com’s policies, has engaged in improper or fraudulent activity in connection with craftunique.com or the actions may cause legal liability or financial loss to craftunique.com's users or to craftunique.com.
13. Privacy
Except as provided in craftunique.com’s Privacy Policy craftunique.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. craftunique.com stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
14. No Warranty
craftunique.com, craftunique.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND craftunique.com'S SUPPLIERS PROVIDE craftunique.com'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. craftunique.com, craftunique.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND craftunique.com'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM craftunique.com SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL craftunique.com, AND (AS APPLICABLE) craftunique.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR craftunique.com'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, craftunique.com’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
craftunique.com'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF craftunique.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO craftunique.com IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD craftunique.com AND (AS APPLICABLE) craftunique.com'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guaranty
craftunique.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside craftunique.com’s control.
18. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of craftunique.com’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
19. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and craftunique.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. craftunique.com Service
craftunique.com reserves the right to modify or terminate the craftunique.com service for any reason, without notice, at any time. craftunique.com reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, craftunique.com will notify you via email to the email address in your account. What constitutes a "material change" will be determined at craftunique.com's sole discretion, in good faith, and using common sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.
24. Disclosures
The services hereunder are offered by craftunique.com