One of a Kind. Just Like You.
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The terms set forth below (the "Terms of Service" or "Agreement") govern your use of Handmade Gifts (the "Service"). By using or operating the Service, you expressly agree to be bound by this Agreement and to follow all its terms and any applicable laws and regulations governing the Service. If you do not agree with any of the following terms, your sole recourse is not to use the Service.
The Terms are a legally binding contract between you and Handmade Gifts.
Please note that this Agreement contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use our website Handmade.gifts, our mobile apps, and the other services provided by Handmade Gifts (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms.
Handmade Gifts shall have the right to modify these terms at any time, which modification shall be effective immediately upon posting to https://handmade.gifts/terms without notifications. Accordingly, we encourage you to periodically review these terms. To make your review more convenient, the effective date is posted at the bottom of the page.
Use of Handmade Gifts’ networks and/or services constitutes unconditional agreement to the terms of this Agreement, and by such use you agree to indemnify and hold harmless Handmade Gifts from any and all costs or damages you may incur consequent to Handmade Gifts’ enforcement - or lack thereof - of this Agreement. Handmade Gifts further reserves the right to refuse access and/or service to anyone, at any time, for any reason.
Handmade Gifts serves as an online marketplace to allow qualifying users to offer, sell and purchase goods and services for an agreed upon price. Handmade Gifts has no involvement in the consummation of a contract between a seller and a buyer. Accordingly, Handmade Gifts has no liability or responsibility for any matter arising out of the transaction between a seller and a buyer. You should be comfortable in all respects with a seller before purchasing goods from the site.
You’ll need to create an account with Handmade Gifts to use some of our Services. Here are a few rules about accounts with Handmade Gifts:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Handmade Gifts or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Be honest and provide us with accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Handmade Gifts.
This Agreement does not commit Handmade Gifts to any support obligations to you in connection with the Service. Such obligations, if any, will be specified in a separate agreement between you and Handmade Gifts.
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Handmade Gifts a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Handmade Gifts function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Handmade Gifts may offer you or Handmade Gifts’ buyers promotions on the Site, from time to time, that may relate to your listings.
C. Rights You Grant Handmade Gifts. (Here’s the legalese version of the last section). By posting Your Content, you grant Handmade Gifts a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Handmade Gifts, your Handmade Gifts shop, or the Services in general, in any formats and through any channels, including across any Handmade Gifts Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep Handmade Gifts going. Consider these examples: if you upload a photo or video of a listing on your Handmade Gifts shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it - often along with your shop name and shop picture - on our homepage, in one of our blogs to help promote your business and Handmade Gifts’.
D. Reporting Unauthorised Content. Handmade Gifts has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Handmade Gifts’ Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
This Agreement is entered into voluntarily by both Handmade Gifts and the Customer. This Agreement does not include or imply any contractual term or time limit and may be severed by either party with written (email or postal mail) cancellation notice. Such notice will include last day of service and arrangements to balance account charges. Handmade Gifts retains the right to bill the Customer for remaining charges due at time of account cancellation.
A. You may use the Services and the Site and the content owned and provided by Handmade Gifts (singularly and collectively, the "Handmade Gifts Content") solely in connection with the intended purposes of the Site. No right, title or interest in any Handmade Gifts Content is transferred to you. Handmade Gifts retains all of its intellectual property rights in all Handmade Gifts Content. Except as expressly authorized by this Agreement, or otherwise agreed to by Handmade Gifts, You may not use, alter, copy, distribute, transmit, or otherwise appropriate any Handmade Gifts Content obtained from the Site or the Service, except as expressly permitted by the Terms or as otherwise agreed to by Handmade Gifts.
B. You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the Handmade Gifts Content. You agree not to add to, subtract from, or otherwise modify the Handmade Gifts Content, or to attempt to access any Handmade Gifts Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
C. License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:
a. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Handmade Gifts, another Handmade Gifts user, or a third party.
b. Don’t Steal Our Materials. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
c. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
d. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Handmade Gifts (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Termination by You. We'd hate to see you go, but you may terminate your account with Handmade Gifts at any time by contacting us through our contact page. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination by Handmade Gifts. We may terminate or suspend your account (and any accounts Handmade Gifts determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Handmade Gifts will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Handmade Gifts terminate your account, you may lose any information associated with your account, including Your Content.
f. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You expressly understand and agree that under no circumstances will Handmade Gifts be liable to you for any direct, indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your use of the service, whether or not Handmade Gifts has been advised of the possibility of such damages. Under no circumstances shall Handmade Gifts be liable to you for any amount.
Handmade Gifts cannot guarantee access to your website from any address on the Internet. The Internet is a decentralized system of networks and Handmade Gifts is in no way responsible for ensuring the access or performance of any Internet website or service, at any time. Parts of the Internet may be disabled, interrupted or closed without reason or notice. No web site development services, training, or any other Internet content subscriptions, memberships, discounts, promotions or other such premiums are included or implied with any of Handmade Gifts’ services.
Handmade Gifts makes best efforts to maintain a stable and robust network architecture and will attempt to notify Customers of planned maintenance network interruptions; however Handmade Gifts accounts do not have guaranteed uptime. Service interruptions many occur at any time whether intentionally for maintenance or upgrade or unintentionally due to network error, outage, equipment failure or event.
HANDMADE GIFTS IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER HANDMADE GIFTS, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We hope this never happens, but if Handmade Gifts gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Handmade Gifts (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
You agree to hold harmless and indemnify Handmade Gifts, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Handmade Gifts will provide you with written notice of such claim, suit or action.
You hereby further release Handmade Gifts (and our members, directors, officers, employees and agents) for all actions or inactions of other users, including goods and services advertised or sold. You agree the site is designed to permit parties to enter into transactions for all kinds of goods and services and other activities. Handmade Gifts has no control over and does not guarantee the quality, safety or legality of the goods or services advertised, the truth or accuracy of the information set forth in the storefronts, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
If you find yourself in a dispute with another user of Handmade Gifts’ Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
HandMade Gifts does not charge a listing fee. We will get a commission of 9% on every sale the Seller makes.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Handmade Gifts’ failure to act with respect to a breach by you or others does not waive Handmade Gifts’ right to act with respect to subsequent or similar breaches. The failure of Handmade Gifts to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services and the Site and Your listing, sale, acquisition, advertising of offers to sell and purchase goods and services.