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Etsy's Terms of Use Agreement
By using the Etsy.com web site ("Etsy"), a service of Etsy, Inc., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement").
General Terms
- You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Etsy users.
- You may not use the Etsy service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the Etsy service.
- You must not modify, adapt or hack Etsy.com or modify another website so as to falsely imply that it is associated with Etsy.
- You must not create or submit unwanted email or Conversations ("Convos") to any Etsy members ("Spam").
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Etsy, violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your Etsy account. While Etsy prohibits such conduct and content on its site, you understand and agree that Etsy is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Etsy service at your own risk.
General Conditions
- Etsy reserves the right to modify or terminate the Etsy service for any reason, without notice at any time.
- Etsy reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Etsy will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Etsy's sole discretion, in good faith and using common sense and reasonable judgment.
- Etsy reserves the right to refuse service to anyone for any reason at any time.
- Etsy may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that Etsy determine in Etsy's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, the DOs and DON'Ts of Etsy, or other policy documents and community guidelines as posted on Etsy.
- The Etsy service makes it possible to post images hosted on Etsy to outside websites. This use is accepted. However, pages on other websites which display images hosted on Etsy must provide a link back to Etsy from each photo to its photo page on Etsy.
- Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
- You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Etsy, you agree to allow other Etsy users to view them and you agree to allow Etsy to display the images and content on Etsy (for example, in your shop, on Etsy's Homepage and in Treasuries) and store the images, item description, profile and other content.
- ETSY, and other Etsy graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Etsy, Inc. in the U.S. and/or other countries. Etsy's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, the DOs and DON'Ts of Etsy, and other policy documents and community guidelines as posted on Etsy before you may become a member of Etsy. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.
Etsy may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Etsy. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on June 10, 2005 for all users.
Membership Eligibility
Etsy's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Etsy's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Etsy members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Etsy. Further, your Etsy account (including feedback) and User ID may not be transferred or sold 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.
Fees and Services
Joining and setting up a shop on Etsy is free. Etsy charges fees for listing items for sale through Etsy. When you list an item you have an opportunity to review and accept the fees that you will be charged. Etsy's Fees and Credits Policy is available and is incorporated into this Agreement by reference. Etsy's Fees and Credits Policy and the fees for Etsy's services are subject to change. Changes to the Fees and Credits Policy and the fees for our services are effective after Etsy provides you with at least fourteen (14) days' notice of the changes by posting the changes on Etsy. However, Etsy may choose to temporarily change Etsy's Fees and Credits Policy and the fees for Etsy's services for promotional events (for example, free listing days) and such changes are effective when Etsy posts the temporary promotional event on Etsy. Etsy may, at Etsy's sole discretion, change some or all of Etsy's services at any time. In the event Etsy 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 U.S. Dollars (USD). You are responsible for paying all fees associated with using Etsy's service and Etsy and all applicable taxes.
Fees for our services are described here.
Etsy is a Venue
Etsy is not a retailer. Although Etsy is commonly referred to as an online marketplace, it is important to realize that Etsy is not a traditional "retailer." Instead, Etsy acts as a venue to allow an individual who complies with the DOs and DONT's of Etsy to offer, sell, and buy certain handmade goods which comply with the DOs and DON'Ts of Etsy, within a fixed price format. Etsy is not involved in the actual transaction between buyers and sellers. As a result, Etsy has 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 pay for items. Etsy cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Etsy does not transfer legal ownership of items from the seller to the buyer.
Identity Verification
Etsy uses many techniques to verify the accuracy of the information Etsy's users provide to Etsy when they register on Etsy. However, because user verification on the Internet is difficult, Etsy cannot and does not confirm each user's purported identity. Thus, Etsy has established a user-initiated feedback system to help you evaluate with whom you are dealing. Etsy also encourages you to communicate directly with potential transaction partners through the tools available on Etsy. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Release
Because Etsy is a venue, in the event that you have a dispute with one or more users, you release Etsy (and Etsy'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.
Information Control
Etsy does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Etsy. Please note that 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 Etsy, you agree to accept such risks and that Etsy (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Etsy
Buying
A buyer is obligated to complete the transaction of a purchase of an item on Etsy in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal check, money order or "other." A buyer who pays by mail with a money order or personal check must send the seller an email or Convo to notify the seller that that the payment is in the mail, within three (3) days of the transaction.
A seller must abide by all of Etsy's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.
Billing
Each Etsy seller is responsible for paying the Etsy fees incurred. Etsy keeps sellers' credit card 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 a seller's account is not paid in full, penalties, such as the suspension of privileges, will be enforced. If you have a question, email billing@etsy.com.
Listing and Selling
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. 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 individual shop policies (in their Shop Announcement or Profile) for their Etsy shop. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. Etsy reserves the right to request that a seller modify an individual policy.
Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to 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 your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.
Termination: Without limiting any other remedies, Etsy, without notice, may suspend or terminate your account if Etsy suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Etsy's policies set out in this Agreement, the Privacy Policy, the DOs and DON'Ts of Etsy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Etsy.
Manipulation:The price stated in each Etsy Item Description must be an accurate representation of the sale. “Manipulation” refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Etsy transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.
Prohibited, Questionable and Infringing Items
Definition: "Your Information" is defined as any information you provide to Etsy or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Etsy acts as a passive conduit for your online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), Convos, and email.
Restricted Activities: Your Activities which results in Your Information (or any items listed) on Etsy shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the DOs and DON'Ts of Etsy;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Etsy also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in the DOs and DON'Ts of Etsy ;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement, the Privacy Policy, the DOs and DON'Ts of Etsy, or other policy documents and community guidelines as posted on Etsy or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) are concurrently listed for sale on a web site other than Etsy's (this does not prevent linking to or advertising an Etsy item from another web site); or
(dd) you do not have a right to link to or include.
Furthermore, you may not list any item on Etsy (or consummate any transaction that was initiated using our service) 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 that violates the Terms of Use.
License: Solely to enable Etsy to use the information you supply us with, so that Etsy is not violating any rights you might have in that Your Information, you agree to grant Etsy 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 Your Information, in any media now known or not currently known, with respect to Your Information. Etsy will only use Your Information in accordance with Etsy's Privacy Policy.
Access and Interference
Etsy may contain robot exclusion headers. Much of the information on Etsy is updated on a real time basis and is proprietary or is licensed to Etsy by Etsy's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Etsy for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses as set out in the DOs and DON'Ts of Etsy) from the Site without the prior expressed written permission of Etsy and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Etsy.
Feedback
Integrity: You may not take any actions that may undermine the integrity of the feedback system. Etsy may, without prior notice, limit the number of purchases and listings, which you may place on Etsy based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Etsy. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Etsy users, you agree that you shall not market or export your Etsy feedback rating in any venue other than an Etsy operated website.
Import: Etsy does not provide you with the technical ability to import feedback from other (non-Etsy operated) websites to Etsy because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies available, Etsy may, without prior notice, limit your activity, immediately remove your item listings, warn Etsy's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement, the Privacy Policy, the DOs and DON'Ts, or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Etsy is unable to verify or authenticate any of Your Information; or
(c) Etsy believes that your actions may cause financial loss or legal liability for you, Etsy's users or Etsy.
Privacy
Etsy does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Etsy only uses your information as described in the Privacy Policy. Etsy views protection of users' privacy as a very important community principle. Etsy understands clearly that you and Your Information is one of Etsy's most important assets. Etsy stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Etsy's services.
No Warranty
ETSY, ETSY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ETSY'S SUPPLIERS PROVIDE ETSY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ETSY, ETSY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ETSY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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.
Liability Limit
IN NO EVENT SHALL ETSY, AND (AS APPLICABLE) ETSY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ETSY'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
ETSY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ETSY'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 ETSY 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.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD ETSY AND (AS APPLICABLE) ETSY'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.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
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.
No Agency
You and Etsy are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Etsy Attn: Legal Department; 325 Gold St., 6th Floor; Brooklyn, NY 11201 (in the case of Etsy) or to the email address you provide to Etsy during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Etsy may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Etsy during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
Etsy's goal is to make you happy. In the event a dispute arises between you and Etsy, please email Etsy at support@etsy.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Disputes between you and Etsy regarding Etsy's services may be reported to Customer Support by emailing support@etsy.com.
Disclosures
The services hereunder are offered by Etsy Inc., located at 325 Gold Street, 6th Floor; Brooklyn, NY 11201. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Parental control protections that may assist you in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. Etsy is not affiliated with SafetySurf.com.
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