User Agreement
User Agreement
This Agreement describes the
terms and conditions applicable to your use of our services. By using our site,
you accept the terms and conditions of this Agreement. If you do not accept
these terms and conditions or have any questions please contact
us.
This Agreement helps keep eCraftVillage
a safe place to buy and sell unique, handmade products. eCraftVillage
is based on trust, and this Agreement helps promote trust among visitors to our
site.
We may amend this Agreement
at any time
The
amended terms shall automatically be effective 30 days after they are initially
posted on our site. This Agreement may not be otherwise amended except in
writing signed by both parties.
1.
eCraftVillage is Only the Meeting Ground.
Our
site acts as a meeting ground for sellers to conduct auctions and for bidders to
bid on sellers' auctions. We are not involved in the actual transaction between
buyers and sellers. As a result, we have no control over the quality, safety or
legality of the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items or the ability of buyers to buy items. We
cannot and do not control whether or not sellers can or will complete the sale
of items they offer or buyers will complete the purchase of items they have bid
on.
2.
Trade Safely.
Because
we are not involved in user-to-user dealings, in the event that you have a
dispute with one or more users, you agree to release eCraftVillage
(and its agents and employees) from any claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising from or in any way connected
with such disputes.
eCraftVillage
has no control over the information provided by other users which is made
available through our system. By its very nature, this information may be
offensive, harmful or inaccurate, and in some cases can be misleading or
deceptive. We expect that you will use caution and common sense when using our
site.
3.
eCraftVillage is not available for use by minors.
Membership
and use of our services are available only to individuals who can form legally
binding contracts under applicable law, thus eCraftVillage's
services are not available to minors. If you do not qualify, please do not use
our services.
4.
Fees.
Joining
eCraftVillage is free. Click here
for our current Fees and Credit Policies for selling items on eCraftVillage.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying any applicable taxes and for all hardware, software,
service and other costs you incur to bid, buy, or procure a listing from us or
access our servers. We may in our sole discretion add, delete or change some or
all of our services at any time.
5.
User Information.
User
Information includes any information you provide to us or other users during the
registration, bidding or listing process, in any public message area including
the feedback area or through any email feature (defined herein as "User
Information"). With respect to User Information:
A.
Users are solely responsible for User Information, and we act only as a
venue for your online distribution and publication of User Information. We may
however, take any action with respect to such information we deem necessary or
appropriate in our sole discretion if we believe it may create liability for us
or may cause us to lose, in whole or in part, the services of our ISPs or other
suppliers.
B.
User Information and the sale of item(s) on eCraftVillage:
i.
shall not be fraudulent or involve the sale of counterfeit or stolen items;
ii.
shall not infringe any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy
iii.
shall not violate any law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection, unfair
competition, or false advertising);
iv.
shall not be defamatory, libelous, unlawfully threatening or unlawfully
harassing;
v.
shall not be obscene or contain pornography and shall be distributed only to
people legally permitted to receive such content
vi.
shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information; and
vii.
shall not link directly to or include descriptions of goods or services that:
a.
are identical to other items you have up for auction but are priced lower
than your auction item's reserve or minimum bid amount;
b.
are concurrently listed for auction on a web site other than eCraftVillage's; or
c.
you do not have a right to link to or include; and you may not post on our site
or sell through our site any:
d.
item that, by paying to us the listing fee or the final value fee, could cause
us to violate any applicable law, statute, ordinance or regulation, or
e.
live animals, human beings or body parts, bulk email lists, firearms or illegal
weapons.
6.
Listing Rules.
Text
descriptions, graphics and pictures listed by users on the eCraftVillage web site
must textually describe the item you are listing for auction and/or link to
the text, graphics and pictures describing the item you are listing.
If
you receive one or more bids at or above your stated minimum price (or in
the case of reserve auctions, at or above the reserve price), then you are
obligated to complete the transaction with the highest bidder, unless there
is an exceptional circumstance, such as the buyer fails to meet the terms of
your listing (ie. payment method), or you cannot authenticate the identity
of the buyer.
You
cannot be forced to follow through with your transaction; however, the high
bidder(s) can place a negative rating on your Rating Profile. The following
actions will be taken toward a seller (or buyer) who does not complete a transaction:
- First
Instance - Warning
- Second
Instance - Warning and 30-day suspension
- Third
Instance - Indefinite suspension
You
may not email bidders in a currently open auction being run by a different
seller, offering similar or the same items at any price level nor may you
use an alias to place bids on your own auction for any reason. That is called
"shill bidding" and can be punishable by law.
Without
limiting any other remedies, we may terminate your account if you are found
by conviction, settlement, insurance or escrow investigation, or otherwise
to have engaged in fraudulent activity in connection with our site.
eCraftVillage
works to ensure that the items listed for auction on our site do not infringe upon the
copyright, trademark or other rights of those third parties. We will use
reasonable efforts to remove Infringing auction items.
Without
limiting other remedies, eCraftVillage will terminate your account if you
repeatedly infringe upon third party intellectual property rights.
eCraftVillage
reserves the rights to remove any item(s) from the eCraftVillage site that we
deem inappropriate for auction. Determining whether an item
is inappropriate is up to the sole discretion of eCraftVillage and item(s) will
be removed from our site without recourse or notice.
7.
Bidding and Buying.
As
a bidder, if you have the highest bid at the end of the auction, at or above the
minimum bid price (or in the case of reserve auctions, at or above the reserve
price), and your bid is accepted by the seller, you are obligated to complete
the transaction. Bids are not retractable except in exceptional circumstances
such as the seller materially changing the description of the item after your
bid or clear typographical errors, or when you can not authenticate the identity
of the seller.
You
cannot be forced to follow through with your bid; however, the seller can place
a negative rating on your Rating Profile. The following action will be taken
towards a bidder who does not complete a transaction:
- First
Instance - Warning
- Second
Instance - Warning and 30-day suspension
- Third
Instance - Indefinite suspension
You
may not bid in a way that pulls other bidders to their maximum bid, retract the
high bid, and then re-bid at a small increment above the legitimate high bidder
(bid manipulation).
8.
Feedback.
You
may not take any actions which may undermine the integrity of the feedback
system, such as:
-
leaving positive feedback for yourself using secondary handles or third parties;
-
leaving negative feedback for other users using secondary accounts or third parties (feedback bombing);
-
leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback extortion).
If you earn a net Feedback rating of -3 (minus three), your membership will
automatically terminate, and you will be unable to post items to sell or to bid.
Feedback is
designed for the purpose of facilitating trading between eCraftVillage
users. Therefore we may terminate your account if you choose to market or
promote your eCraftVillage feedback rating in any venue other than
eCraftVillage.
9.
Limit
of Liability.
IN
NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY,
AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF
Some jurisdictions do not allow the limitation of liability, so the foregoing
limitation may not apply to you.
10.
System Integrity.
You
may not:
-
use any device, software or routine to interfere or attempt to
interfere with the proper working of the eCraftVillage
site or any auction
being conducted on our site.
-
take any action which imposes an unreasonable or
disproportionately large load on our infrastructure.
-
disclose or share your password to any third parties or use your
password for any unauthorized purpose.
11.
No Warranty.
WE
AND OUR SUPPLIERS PROVIDE THE eCraftVillage ONLINE WEBSITE AND OUR SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
WE AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some
jurisdictions 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 which vary from
jurisdiction to jurisdiction.
12.
Breach of Agreement.
We may immediately issue a warning, temporarily suspend, indefinitely suspend or
terminate your membership, any of your current auctions, and any other
information you place on the site if you breach this Agreement or if we are
unable to verify or authenticate any information you provide to us.
13.
Price Manipulation.
Sellers may not manipulate the price of their item, either by using a shill (a
secondary account or third party) or by bidding themselves.
14.
No Agency.
You and
eCraftVillage are independent contractors, and no agency, partnership, joint venture,
employee-employer or franchise or-franchisee relationship is intended or created
by this Agreement.
15.
Compliance with Laws.
You shall
comply with all applicable laws, statutes, ordinances and regulations regarding
your use of our service and your bidding on, listing, purchase and sale of
items.
16.
Notices.
Except
as explicitly stated otherwise, any notices shall be sent via email to the email address you provided to
eCraftVillage during the registration process.
Notice shall
be deemed given 24 hours after email is sent, unless the sending party is
notified that the email address is invalid.
Alternatively,
we may give you notice by certified mail, postage prepaid and return receipt
requested, to the address provided to eCraftVillage
during the registration
process. In such case, notice shall be deemed given 3 days after the date of
mailing.
17.
General.
This
Agreement shall be governed in all respects by the laws of the State of Alabama
and the United States of America as such laws are applied to agreements entered into and to
be performed entirely within the U.S. between U.S. residents.
Both parties
submit to jurisdiction in the State of Alabama and further agree
that any cause of action arising under this Agreement shall be brought
exclusively in a court in Baldwin County, Alabama.
We do not
guarantee continuous, uninterrupted or secure access to our services, and
operation of our site may be interfered with by numerous factors outside of our
control. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall
be enforced.
Headings
are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. 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. This Agreement sets forth the entire
understanding and agreement between us with respect to the subject matter
hereof.
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