USING THE WEBSITE AND SERVICES OFFERED BY CRAFTZBAY. THIS AGREEMENT SETS FORTH THE
LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.CRAFTZBAY.COM
(THE "SITE") AND ALL SERVICES PROVIDED BY CRAFTZBAY ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing
the Site, you (the "user" or "you") agree to be bound by this Agreement, including
those additional terms and conditions and policies referenced herein and/or available
by hyperlink. This Agreement applies to all users of the Site, including without
limitation users who are vendors, customers, merchants, contributors of content,
information and other materials or services on the Site.
1. CraftzBay is a Venue
CraftzBay acts as a venue to allow users who comply with CraftzBay's policies to
offer, sell and buy certain handmade goods within a fixed-price format. CraftzBay
is not directly involved in the transaction between buyers and sellers. As a result,
CraftzBay 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. CraftzBay does not pre-screen
users or the content or information provided by users. CraftzBay cannot ensure that
a buyer or seller will actually complete a transaction.
Consequently, CraftzBay does not transfer legal ownership of items from the seller
to the buyer.
CraftzBay cannot guarantee the true identity, age, and nationality of a user. CraftzBay
encourages you to communicate directly with potential transaction partners through
the tools available on the Site. You may also wish to consider using a third-party
escrow service or services that provide additional user verification.
You agree that CraftzBay 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 CraftzBay. You use the CraftzBay service at your own risk.
2. Membership Eligibility
Age: CraftzBay'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. You represent and warrant that you are at least 18 years old
and that all registration information you submit is accurate and truthful. CraftzBay
may, in its sole discretion, refuse to offer access to or use of the Site to any
person or entity and change its eligibility criteria at any time. This provision
is void where prohibited by law and the right to access the Site is revoked in such
Individuals under the age of 18 must at all times use CraftzBay's services only
in conjunction with and under the supervision of a parent or legal guardian who
is at least 18 years of age. In this all cases, 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 CraftzBay's policies as stated in the Agreement and
the CraftzBay policy documents listed below (if applicable to your activities on
or use of the Site) as well as all other operating rules, policies and procedures
that may be published from time to time on the Site by CraftzBay, each of which
is incorporated herein by reference and each of which may be updated by CraftzBay
from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional
terms and conditions promulgated by CraftzBay from time to time; your use of such
services is subject to those additional terms and conditions, which are incorporated
into this Agreement by this reference.
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 CraftzBay of any unauthorized use
of your password or any breach of security. You also agree that CraftzBay cannot
and will not be liable for any loss or damage arising from your failure to keep
your password secure. You agree not to provide your username and password information
in combination to any other party other than CraftzBay without CraftzBay's express
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 CraftzBay
you must provide and maintain valid payment information such as a valid PayPal account.
Account Transfer: You may not transfer or sell your CraftzBay 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: CraftzBay's services are not available
to temporarily or indefinitely suspended CraftzBay members. CraftzBay reserves the
right, in CraftzBay's sole discretion, to cancel unconfirmed or inactive accounts.
CraftzBay reserves the right to refuse service to anyone, for any reason, at any
3. Fees and Services
Joining and setting up a shop on CraftzBay costs 35 euro per year. CraftzBay does
not charge a fee when an item you have listed sells. CraftzBay's Fees Policy, which is subject to change, is incorporated
into this Agreement by reference. Changes to the Fees Policy and the fees for CraftzBay's
services are effective after CraftzBay provides you with at least fourteen (14)
days' notice by posting the changes on the Site. However, CraftzBay may choose to
temporarily change the
Fees Policy and the fees for CraftzBay's services for promotional events;
such changes are effective when CraftzBay posts the temporary promotional event
on the Site. CraftzBay may, at CraftzBay's sole discretion, change some or all of
CraftzBay's services at any time. In the event CraftzBay 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 Euros(EUR).
You are responsible for paying all fees and applicable taxes associated with using
CraftzBay. CraftzBay keeps accepted payment information on file. At the end of the
year, 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.
Fees and Termination: If CraftzBay terminates a listing or your
account, if you close your account, or if the payment of your CraftzBay fees cannot
be completed for any reason, you remain obligated to pay CraftzBay for all unpaid
fees plus any penalties, if applicable. If the seller's account is not paid in full
and becomes past due, the seller risks penalties such as the suspension of privileges
and/or termination of the account and other collection mechanisms (including retaining
collection agencies and legal counsel). If you have a question or wish to dispute
a charge, contact CraftzBay at firstname.lastname@example.org.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant
that you and all aspects of the item comply with CraftzBay's published policies.
You also warrant that you may legally sell the item. You must accurately describe
your item and all terms of sale in your CraftzBay 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.
Allowed items: You may only list handmade items created by you.
Selling commercial, mass produced items, or handmade items created by someone else
is prohibited. In the case of listing supplies both handmade and commercial items
can be listed, but only under the supplies category.
Shop Policies: All sellers are urged to outline shop policies for
their CraftzBay 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 CraftzBay's
site-wide policies. Sellers are responsible for enforcing their own reasonable shop
policies. CraftzBay 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.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to CraftzBay
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 CraftzBay.
Restricted Activities: Your Content and your use of CraftzBay shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other
proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy, 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)
- Contain items that have been identified as hazardous to consumers and therefore
subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate
or intimidate any person (including CraftzBay 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
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or personal
- Host images not part of a listing
- Modify, adapt or hack CraftzBay or modify another website so as to falsely imply
that it is associated with CraftzBay;
- Appear to create liability for CraftzBay or cause CraftzBay to lose (in whole or
in part) the services of CraftzBay's ISPs or other suppliers
- Link directly or indirectly, reference or contain descriptions of goods or services
Furthermore, you may not list any item on CraftzBay (or consummate any transaction
that was initiated using CraftzBay's service) that could cause CraftzBay to violate
any applicable law, statute, ordinance or regulation, or that violates the Terms
License: CraftzBay does not claim ownership rights in your Content.
You grant CraftzBay a license solely to enable CraftzBay to use any information
or Content you supply CraftzBay with, so that CraftzBay is not violating any rights
you might have in that Content. You grant CraftzBay 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 CraftzBay to store or re-format your Content
on CraftzBay and display your Content on CraftzBay in any way as CraftzBay chooses.
As part of a transaction, you may obtain personal information, including email address
and shipping information, from another CraftzBay user. Without obtaining prior permission
from the other user, this personal information shall only be used for that transaction
or for CraftzBay-related communications. CraftzBay 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
CraftzBay user to your email or physical mail list. For more information, see CraftzBay's
Re-Posting Content: By posting Content on CraftzBay, it is possible
for an outside website or a third party to re-post that Content. You agree to hold
CraftzBay harmless for any dispute concerning this use. If you choose to display
your own CraftzBay-hosted image on another website, the image must provide a link
back to its listing page on CraftzBay.
Idea Submissions: CraftzBay considers any unsolicited suggestions,
ideas, proposals or other material submitted to it by users via the Site or otherwise
(other than the Content and the tangible items sold on the Site by users) (collectively,
the "Material") to be non-confidential and non-proprietary, and CraftzBay shall
not be liable for the disclosure or use of such Material. If, at CraftzBay's request,
any member sends Material to improve the site (for example through the Forums or
to customer support), CraftzBay will also consider that Material to be non-confidential
and non-proprietary and CraftzBay will not be liable for use or disclosure of the
Material. Any communication by you to CraftzBay is subject to this Agreement. You
hereby grant and agree to grant CraftzBay, under all of your rights in the Material,
a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable
and transferable right and license to incorporate, use, publish and exploit such
Material for any purpose whatsoever, commercial or otherwise, including but not
limited to incorporating it in the API, documentation, or any product or service,
without compensation or accounting to you and without further recourse by you.
7. Information Control
CraftzBay does not control the Content provided by users that is made available
on CraftzBay. 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 CraftzBay, you agree to accept such risks and that CraftzBay
(and CraftzBay's officers, directors, agents, subsidiaries, joint ventures and employees)
is not responsible for any and all acts or omissions of users on CraftzBay. Please
use caution, common sense, and practice safe buying and selling when using CraftzBay.
Other Resources: CraftzBay is not responsible for the availability
of outside websites or resources linked to or referenced on the Site. CraftzBay
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 CraftzBay 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.
8. Resolution of Disputes and Release
In the event a dispute arises between you and CraftzBay, please contact CraftzBay
Use of the Site is not authorized in any jurisdiction that does not give effect
to all provisions of the Agreement, including without limitation, this section.
You and CraftzBay agree that any cause of action arising out of or related to the
Site (including, but not limited to, any services provided or made available therein)
or this Agreement must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release
CraftzBay (and CraftzBay's officers, directors, agents, subsidiaries, joint ventures
and 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. CraftzBay
encourages users to report user-to-user disputes to your local law enforcement,
postmaster general, or a certified mediation or arbitration entity, as applicable.
CraftzBay, for the benefit of users, may try to help users resolve disputes. CraftzBay
does so in CraftzBay's sole discretion, and CraftzBay has no obligation to resolve
disputes between users or between users and outside parties. To the extent that
CraftzBay attempts to resolve a dispute, CraftzBay will do so in good faith based
solely on CraftzBay's policies. CraftzBay will not make judgments regarding legal
issues or claims.
9. CraftzBay's Intellectual Property
CraftzBay, and other CraftzBay graphics, logos, designs, page headers, button icons,
scripts, and service names are registered trademarks, trademarks or trade dress
of CraftzBay. CraftzBay'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.
10. Access and Interference
CraftzBay may contain robot exclusion headers which contain internal rules for software
usage. Much of the information on CraftzBay is updated on a real-time basis and
is proprietary or is licensed to CraftzBay by CraftzBay's users or third-parties.
You agree that you will not use any robot, spider, scraper or other automated means
to access CraftzBay for any purpose whatsoever without CraftzBay's prior express
written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in CraftzBay's sole discretion, an
unreasonable or disproportionately large load on CraftzBay's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display
any user Content (except for your Content) without the prior express written permission
of CraftzBay and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities
conducted on the Site
- Bypass CraftzBay's robot exclusion headers or other measures CraftzBay may use to
prevent or restrict access to CraftzBay
Without limiting any other remedies, CraftzBay may, without notice, and without
refunding any fees, delay or immediately remove Content, warn CraftzBay's community
of a user's actions, issue a warning to 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:
CraftzBay suspects (by information, investigation, conviction, settlement, insurance
or other policy documents and community guidelines incorporated herein; CraftzBay
is unable to verify or authenticate any of your personal information or Content;
or CraftzBay believes that a user is acting inconsistently with the letter or spirit
of CraftzBay's policies, has engaged in improper or fraudulent activity in connection
with CraftzBay or the actions may cause legal liability or financial loss to CraftzBay's
users or to CraftzBay.
CraftzBay stores and processes Content on computers located in Cyprus and Europe
that are protected by physical as well as technological security.
13. No Warranty
CraftzBay, CraftzBay'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CraftzBay'S
SUPPLIERS PROVIDE CraftzBay'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY
OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CraftzBay, CraftzBay'S SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES AND CraftzBay'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 CraftzBay SHALL CREATE ANY WARRANTY. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS.
14. Liability Limit
IN NO EVENT SHALL CraftzBay, AND (AS APPLICABLE) CraftzBay'S SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES OR CraftzBay'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, CraftzBay'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
CraftzBay'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CraftzBay'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 CraftzBay
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) €100.
YOU AGREE TO INDEMNIFY AND HOLD CraftzBay AND (AS APPLICABLE) CraftzBay'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.
16. No Guarantee
CraftzBay does not guarantee continuous, uninterrupted access to the Site, and operation
of the Site may be interfered with by numerous factors outside CraftzBay's control.
17. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site and any CraftzBay service
and, if applicable, your listing, purchase, solicitation of offers to purchase,
and sale of items. In addition, you shall be responsible for paying any and all
taxes applicable to any purchases or sales of items you make on the Site (excluding
any taxes on CraftzBay's net income).
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.
19. No Agency
You and CraftzBay are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
20. CraftzBay Service
CraftzBay reserves the right to modify or terminate the CraftzBay service for any
reason, without notice, at any time. CraftzBay reserves the right to alter these
If CraftzBay makes a material change CraftzBay will notify you here, by email, by
means of a notice on our home page, or other places CraftzBay deems appropriate.
What constitutes a "material change" will be determined at CraftzBay's sole discretion,
in good faith, and using common sense and reasonable judgment.
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the
laws of Cyprus.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information
Control), 8 (Resolution of Dispute and Release), 9 (CraftzBay's Intellectual Property),
10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability
Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21
(Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given to the email address
you provide to CraftzBay (either during the registration process or when your email
address changes). Notice shall be deemed given 24 hours after email is sent, unless
the sending party is notified that the email address is invalid. Alternatively,
CraftzBay may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to CraftzBay. In such case, notice shall be deemed
given three days after the date of mailing.
Effective Date: August 1, 2014