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SEWnSELL's Terms of Use Agreement By using the SEWnSELL.com web site ("SEWnSELL" or the “Site”), a service of SEWnSELL, 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. 1. SEWnSELL is a Venue SEWnSELL acts as a venue to allow users who comply with SEWnSELL’s policies to offer, sell, and buy certain handmade goods within a fixed price format. SEWnSELL is not directly involved in the transaction between buyers and sellers. As a result, SEWnSELL 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. SEWnSELL does not pre-screen users or the content or information provided by users. SEWnSELL cannot ensure that a buyer or seller will actually complete a transaction. Consequently, SEWnSELL does not transfer legal ownership of items from the seller to the buyer. SEWnSELL cannot guarantee the true identity, age, and nationality of a user. SEWnSELL 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 SEWnSELL 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 SEWnSELL. You use the SEWnSELL service at your own risk. 2. Membership Eligibility Age: SEWnSELL'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 SEWnSELL’s policies as stated in the Agreement and these SEWnSELL policy documents: * The DOs & DON’Ts of SEWnSELL 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 SEWnSELL of any unauthorized use of your password or any breach of security. You also agree that SEWnSELL 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 SEWnSELL, you must have a valid credit card on file with SEWnSELL at all times. Account Transfer: You may not transfer or sell your SEWnSELL 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: SEWnSELL's services are not available to temporarily or indefinitely suspended SEWnSELL members. SEWnSELL reserves the right, in SEWnSELL’s sole discretion, to cancel unconfirmed or inactive accounts. SEWnSELL reserves the right to refuse service to anyone, for any reason, at any time. 3. Fees and Services Joining and setting up a shop on SEWnSELL is free. SEWnSELL 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. SEWnSELL's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for SEWnSELL’s services are effective after SEWnSELL provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, SEWnSELL may choose to temporarily change the Fees Policy and the fees for SEWnSELL's services for promotional events (for example, free listing days); such changes are effective when SEWnSELL posts the temporary promotional event on the Site. SEWnSELL may, at SEWnSELL's sole discretion, change some or all of SEWnSELL's services at any time. In the event SEWnSELL 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 Australian Dollars (AUD). You are responsible for paying all fees associated with using SEWnSELL. SEWnSELL 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 SEWnSELL terminates your account, if you close your account, or if the payment of your SEWnSELL fees cannot be completed for any reason, you remain obligated to pay SEWnSELL for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact SEWnSELL. 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 SEWnSELL’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 SEWnSELL 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 SEWnSELL 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 SEWnSELL’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. SEWnSELL 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 SEWnSELL transaction fees, misrepresent the item’s location, or use another user’s account without permission. 5. Prohibited, Questionable and Infringing Items and Activities You are solely responsible for your conduct and activities on and regarding to SEWnSELL 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 SEWnSELL. Restricted Activities: Your Content and your use of SEWnSELL shall not: 1. Be false, inaccurate or misleading Furthermore, you may not list any item on SEWnSELL (or consummate any transaction that was initiated using SEWnSELL’s service) that, by paying to SEWnSELL the listing fee or the final value fee, could cause SEWnSELL to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use. 6. Content License: SEWnSELL does not claim ownership rights in your Content. You grant SEWnSELL a license solely to enable SEWnSELL to use any information or Content you supply SEWnSELL with, so that SEWnSELL is not violating any rights you might have in that Content. You grant SEWnSELL 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 SEWnSELL to store or re-format your Content on SEWnSELL and display your Content on SEWnSELL in any way as SEWnSELL chooses. SEWnSELL will only use personal information in accordance with SEWnSELL's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another SEWnSELL user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for SEWnSELL-related communications. SEWnSELL 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 SEWnSELL user to your email or physical mail list. For more information, see SEWnSELL’s Privacy Policy. Re-Posting Content: By posting Content on SEWnSELL, it is possible for an outside website or a third party to re-post that Content. You agree to hold SEWnSELL harmless for any dispute concerning this use. If you choose to display your own SEWnSELL-hosted image on another website, the image must provide a link back to its listing page on SEWnSELL.
SEWnSELL does not control the Content provided by users that is made available on SEWnSELL. 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 SEWnSELL, you agree to accept such risks and that SEWnSELL (and SEWnSELL’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on SEWnSELL. Please use caution, common sense, and practice safe buying and selling when using SEWnSELL. Other Resources: SEWnSELL is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SEWnSELL 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 SEWnSELL 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. Users may arrange and attend online virtual meetings or in-person meetings (“Meetings”) with one or more individuals. Users are solely responsible for interactions with others. Users must comply with SEWnSELL’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group’s contact person. SEWnSELL is not involved with user generated groups, the groups’ requirements, or the Meetings. SEWnSELL does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that SEWnSELL does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. Groups or User Fees: Some user-generated groups on SEWnSELL may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. SEWnSELL IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO SEWnSELL; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY SEWnSELL, AND SEWnSELL HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT SEWnSELL IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, SEWnSELL USERS AND/OR THIRD PARTIES (together a “Third Party Transaction”), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
In the event a dispute arises between you and SEWnSELL, please contact SEWnSELL. Should you have a dispute with one or more users, or an outside party, you release SEWnSELL (and SEWnSELL'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. SEWnSELL encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. SEWnSELL, for the benefit of users, may try to help users resolve disputes. SEWnSELL does so in SEWnSELL’s sole discretion, and SEWnSELL has no obligation to resolve disputes between users or between users and outside parties. To the extent that SEWnSELL attempts to resolve a dispute, SEWnSELL will do so in good faith based solely on SEWnSELL’s policies. SEWnSELL will not make judgments regarding legal issues or claims.
SEWnSELL may contain robot exclusion headers which contain internal rules for software usage. Much of the information on SEWnSELL is updated on a real-time basis and is proprietary or is licensed to SEWnSELL by SEWnSELL's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access SEWnSELL for any purpose without SEWnSELL’s prior express written permission. Additionally, you agree that you will not: 1. Take any action that imposes, or may impose, in SEWnSELL’s sole discretion, an unreasonable or disproportionately large load on SEWnSELL’s infrastructure 11. Breach Without limiting any other remedies, SEWnSELL may, without notice, and without refunding any fees, delay or immediately remove Content, warn SEWnSELL’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: SEWnSELL 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 SEWnSELL, or other policy documents and community guidelines incorporated herein; SEWnSELL is unable to verify or authenticate any of your personal information or Content; Or SEWnSELL believes that a user is acting inconsistently with the letter or spirit of SEWnSELL’s policies, has engaged in improper or fraudulent activity in connection with SEWnSELL or the actions may cause legal liability or financial loss to SEWnSELL's users or to SEWnSELL.
Except as provided in SEWnSELL’s Privacy Policy SEWnSELL will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. SEWnSELL stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
SEWnSELL, SEWnSELL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SEWnSELL'S SUPPLIERS PROVIDE SEWnSELL'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SEWnSELL, SEWnSELL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SEWnSELL'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 SEWnSELL 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.
IN NO EVENT SHALL SEWnSELL, AND (AS APPLICABLE) SEWnSELL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SEWnSELL'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, SEWnSELL’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. SEWnSELL'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SEWnSELL'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 SEWnSELL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. 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.
YOU AGREE TO INDEMNIFY AND HOLD SEWnSELL AND (AS APPLICABLE) SEWnSELL'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. SEWnSELL does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside SEWnSELL’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of SEWnSELL’s service and your listing, purchase, solicitation of offers to purchase, and sale of items.
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.
You and SEWnSELL are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
SEWnSELL reserves the right to modify or terminate the SEWnSELL service for any reason, without notice, at any time. SEWnSELL 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, SEWnSELL will notify you via email to the email address in your account. What constitutes a "material change" will be determined at SEWnSELL's sole discretion, in good faith, and using common sense and reasonable judgment. |