Marketplace Terms and Conditions
We have some rules for doing business in our Marketplace, please read them.
Marketplace connects thoughtful consumers around the world with creative entrepreneurs. It’s an ecosystem where people of all backgrounds inspire each other and build relationships through making, selling, and buying unique goods. We want everyone on Marketplace to feel safe, and fostering an inclusive environment is our priority. This policy explains the kind of behavior we prohibit on Marketplace to make sure we all have a positive experience.
- National origin
- Gender identity
- Sexual orientation
- Any other characteristic protected under applicable law
It is your responsibility as a seller or buyer to know your local laws and any other legal regulations on discrimination that might apply to you.
Whether you’re listing items or using community spaces on Marketplace, discrimination is not allowed. Examples of prohibited behavior on Marketplace include, but are not limited to:
Refusal of service based on membership in one or more protected group
- Derogatory or demeaning remarks against protected groups listed above
- Racial slurs
- Posts that support or glorify current or historical hate groups
If you think discrimination has occurred on Marketplace, please report it by e-mailing email@example.com and we will investigate. If you see a listing on Marketplace which you believe violates our Prohibited Items Policy, we encourage you to flag the item by using the Report this item to Marketplace link at the bottom of each listing page. We have a timely review process for all reports.
Terms of Service
By using the Marketplace site (the “Website”) or establishing an account with Marketplace and using the Marketplace service (the “Service”), you agree to the following terms and conditions (the “Marketplace User Agreement”).
Importantly, although Marketplace is commonly referred to as an online marketplace, it is not a traditional “retailer.” Instead, Marketplace acts as a venue to match buyers and sellers. Marketplace is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, Marketplace has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.
“Your Information” is defined as any information you provide to Marketplace 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 Marketplace 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), and email.
Marketplace’s goal is to make you happy. In the event a dispute arises between you and Marketplace, please email Marketplace at firstname.lastname@example.org 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.
General Overview: Terms
- You acknowledge that you must be 18 years or older to use this site or establish an account.
- You acknowledge that you bear sole responsibility for keeping your password secure.
- You agree not to use Marketplace for any illegal or unauthorized purpose.
- You 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 or any other content that you submit, post or display on the Website.
- You agree not to modify, adapt or hack the Marketplace or modify another website so as to falsely imply that it is associated with Marketplace.
- You agree not to solicit, harass or impersonate Marketplace members.
- You agree not to transmit any worms or viruses or any code of a destructive nature.
Furthermore, while Marketplace discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.
General Overview: Conditions
- Marketplace reserves the right to modify or terminate any service for any reason at any time, with or without notice.
- Marketplace reserves the right to refuse service to anyone for any reason at any time.
- The Service makes it possible to post images hosted on Marketplace to outside websites. This use is accepted. However, pages on other websites which display images hosted on Marketplace must provide a link back to Marketplace from each photo to its photo page on Marketplace.
- Marketplace will terminate your account without 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 Marketplace, you agree to allow other Marketplace users to view them and you agree to allow Marketplace to display the images and content on Marketplace, or in emails from Marketplace, and store the images, item description, profile and other content.
- All Marketplace graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Marketplace’s trademarks or name 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.
II. Membership Eligibility
Marketplace’s services are free, but available only to individuals who can form legally binding contracts under applicable law. Marketplace’s services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Marketplace 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 Marketplace. Further, you also agree not to transfer or sell your account (including feedback) or User ID.
III. Purchasing/Buyer Obligations and Guidelines
A buyer is obligated to complete the transaction of a purchase of an item on Marketplace in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the payment button during checkout.
A seller must abide by all of Marketplace’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.
Buyers remorse is not a valid reason for requesting a refund from a seller. Prior to making a purchase, buyers should review all sellers policies regarding refunds, returns, and seller policies.
IV. Listing/Seller Obligations and Guidelines
Marketplace’s Fees and Credit Policy
Changes to the Fees and Credits Policy and the fees for our services are effective after Marketplace provides you with at least fourteen (14) days’ notice of the changes by posting the changes on Marketplace. However, Marketplace may choose to temporarily change Marketplace’s Fees and Credits Policy and the fees for Marketplace’s services for promotional events (for example, free listing days) and such changes are effective when Marketplace posts the temporary promotional event on Marketplace. Marketplace may, at Marketplace’s sole discretion, change some or all of Marketplace’s services at any time. In the event Marketplace 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).
Unless granted an exception by Marketplace, Marketplace requires all seller accounts to provide a nationally accepted ID card, drivers license or passport for the purposes of verification of their identity, and for payment of fees and services rendered.
You are responsible for paying all fees associated with using Marketplace’s service and Marketplace and all applicable taxes.
Fees for our services will be described once they are determined.
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. Listings may not contain outbound links that direct users off of Marketplace.
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.
Manipulation: The price stated in each Marketplace 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 Marketplace transaction fees, and hacking into another account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.
Sellers have up to 90 days from the date of the transaction to request refunds on the final value fees. Final value fee refund requests on transactions outside of 90 days will not be honored.
V. Usage Guidelines
Third Party Content; Identity Verification: You understand that the Marketplace, including Marketplace booth chat, acts only as a marketing platform and technical interface between users and that Marketplace does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Marketplace. Marketplace cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you, and that you use the Marketplace at your own risk.
Please use caution, common sense, and practice safe trading when using Marketplace. 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 Marketplace, you agree to accept such risks and that Marketplace (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Marketplace
Marketplace uses many techniques to verify the accuracy of the information Marketplace’s users provide to Marketplace when they register on Marketplace. However, because user verification on the Internet is difficult, Marketplace cannot and does not confirm each user’s purported identity. Thus, Marketplace has established a user-initiated feedback system to help you evaluate with whom you are dealing. Marketplace also encourages you to communicate directly with potential transaction partners through the tools available on Marketplace. You may also wish to consider using a third party escrow service or services that provide additional user verification.
Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on Marketplace shall not:
(a) be false, inaccurate or misleading;
(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); Marketplace 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
(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:
(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 Marketplace’s (this does not prevent linking to or advertising an Marketplace item from another web site); or
(dd) you do not have a right to link to or include.
Access and Interference: Marketplace may contain robot exclusion headers. Much of the information on Marketplace is updated on a real time basis and is proprietary or is licensed to Marketplace by Marketplace’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Marketplace 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 from the Site without the prior expressed written permission of Marketplace 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 Marketplace.
Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. Marketplace may, without prior notice, limit the number of purchases and listings, which you may place on Marketplace 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.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Marketplace. 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 Marketplace users, you agree that you shall not market or export your Marketplace feedback rating in any venue other than a Marketplace operated website.
VIII. Miscellaneous Terms and Conditions
Breach: Without limiting other remedies available, Marketplace may, without prior notice, limit your activity, immediately remove your item listings, warn Marketplace’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:
(b) Marketplace is unable to verify or authenticate any of Your Information; or
(c) Marketplace believes that your actions may cause financial loss or legal liability for you, Marketplace’s users or Marketplace.
No Warranty: MARKETPLACE, MARKETPLACE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MARKETPLACE’S SUPPLIERS PROVIDE MARKETPLACE’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MARKETPLACE, MARKETPLACE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MARKETPLACE’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.
Limitation On Liability: IN NO EVENT SHALL MARKETPLACE, AND (AS APPLICABLE) MARKETPLACE’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MARKETPLACE’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).
MARKETPLACE’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MARKETPLACE’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 MARKETPLACE 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.
Indemnification: YOU AGREE TO INDEMNIFY AND HOLD MARKETPLACE AND (AS APPLICABLE) MARKETPLACE’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 agree to 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.
- We do not share your personal information with third parties for their promotional purposes.
- We will not give personal information to advertisers;
- We do not tolerate spam;
- You may occasionally be notified by email of announcements from Marketplace; you may opt out of these announcements at any time by using the unsubscribe link contained in each email announcement.
Information we collect
Our main purpose in collecting personal information is to provide you with an enjoyable, customized, and efficient experience on our Site. It is our policy to never willfully disclose any personal information about our registered users to the general public without their consent. Marketplace collects information from you when you register and conduct certain activities on the Site. We collect your full name, valid telephone number, contact/billing information, email address, and shipping address. Most of this information is collected only when you decide to become a seller on the site. Each Member must create a unique user id and password. We also provide you the opportunity to create a profile on the Site, which, depending on your preferences can be public or private. Please note that any information you select to provide in your public profile or via other public areas of the Site can be viewed and used by other Members of these forums to send you unsolicited messages. Marketplace is not responsible for the personal information users’ elect to disclose in public forums and we encourage you to use discretion.
When you elect to email a friend about the Site, we request their email address to fulfill your request. We use this third party personal information to send this one time email and for no other purposes. In the event that you select to import your contacts, we shall not store your password but shall access your information specifically for the purpose of updating your address book. We do not use the third party personal information of your contacts that you store in your account for any promotional purposes, or any purpose not explicitly requested by you.
We post testimonials on the Site. These testimonials include users’ names. We obtain users’ permission prior to posting testimonials on the Site. We are not responsible for the personal information a user elects to share within their testimonial. If you wish to update or delete your testimonial, you can contact us at email@example.com.
We collect some information from your browser. This includes your IP address and the name of the page you requested. This information helps us to diagnose problems with our servers and administer the Site. Basically, your IP address helps us in identifying you and your specific needs.
Our third party partners employ clear gifs (a.k.a. Web Beacons/Web Bugs), images, and scripts that help them better manage content on our Site. We do [not] tie the information gathered to our Customers’ or Users’ personal information.
How is my information used?
The information collected from Marketplace Members is used to improve product offerings, customize our Site’s content and layout, and for marketing and statistical effort. Occasionally, we will send you emails about our new services or promotions. You can always opt-out of receiving any information from us by updating your account preferences in your account or by using the unsubscribe link contained in each email. To change access, delete, or modify any of your personal information can be accomplished by logging into your account on the Site. We do reserve the right to send users service and notification emails, which are considered a part of your account; given that these messages are not promotional in nature, you generally cannot opt-out of account notifications without deleting your account.
Who will see my personal information?
Our number one priority is to keep your personal information private and confidential. We will not willfully disclose your personal information to third parties. And we will not rent or sell your personal information to anyone. However, certain personal information will be made available to others in the process of using our Site. This information includes:
- Other visitors to our Site may view your user ID, rating, city, profile (which includes multiple fields you may elect to fill out or leave blank), and other items you have for sale;
- In order to complete the transaction, the buyer and seller are provided with each other’s email and postal address;
- When making an offer, the seller can view your user ID, rating and your city.
Of course, once you provide personal information to a buyer or seller on our Site, Marketplace has no control over how that information is used by the other individual. You should discuss any privacy concerns you may have with any individual you meet through our Site, as the only protection you will have is whatever terms you agree to directly with the other individual.
Marketplace will disclose your personal information to others under the following circumstances:
- You consent to share the information;
- To law enforcement where a formal request has been made such as in responding to subpoenas, court orders or legal process;
- Your actions on our Site are, or appear to be, in violation of the Terms of Service and disclosure of this information will assist in efforts to enforce the Terms of Service;
- You post a listing, which Marketplace believes in its sole discretion, may create liability for Marketplace and disclosure of this personal information may minimize or eliminate its liability.
- To our service providers: we employ the services of a third-party payment processor on the Site to fulfill payment when a purchase is executed. This third party isn’t authorized to utilize your personal information for any other purposes. We also employ the services of a third party shipping agent.
Nothing in this Policy shall limit, prohibit, or otherwise deny the ability of Marketplace to (1) transfer, assign, or sell its assets, including, without limitation, the assets of our Site, to a third party or (2) dispose of its assets in any manner through bankruptcy or similar proceeding. Marketplace also makes no representations regarding, and disclaims all liability arising out of, or related to, the accuracy or completeness of the information it collects and discloses through our Site. In the event of a business transfer of assets, which could include your personal information, we shall notify you by email or by a notice on the Site of any significant changes to the information practices governing your personal information.
Minors (those under the age of 18) are not eligible to use Marketplace unless they use our Site through a parent or guardian who is a registered Member of Marketplace.
We go to great lengths to protect all of your information on our Site. In order to help us maintain the security of your personal information, we ask that you do not share your password with anybody. Sharing this information could put you and your rating as a buyer/seller at risk. If you lose control of your password or you think that somebody has obtained unauthorized access to your account, immediately change your password. Please contact us at firstname.lastname@example.org if you have any questions.
We employ industry accepted standards in protecting your personal information during your use of the Site and have established physical and electronic safe guards to protect your information.
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
No method of transmission over the internet or method of electronic storage is 100% secure. We cannot and do not guarantee that your information will not suffer unlawful or unauthorized destruction, loss, alteration, disclosure or access. By using our Site, you acknowledge these risks.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at email@example.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you use a bulletin board, blog, or chat room on this website, you should be aware that any personal information you submit there can be read, collected, or used by other members of these forums, and can be used to send you unsolicited messages. We are not responsible for the personal information that you choose to submit in these forums. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
The Site contains links to other web sites. Marketplace is not responsible for the privacy practices or the content of these other web sites. You will need to check the policy statement of these others web sites to understand their policies. If you access a linked site, you may be disclosing your personal information. Marketplace is not responsible for the personal information you may disclose by accessing other web sites through Site links.
Behavioral Targeting / Re-Targeting
You can log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on the Site to your Facebook profile page to share with others within your network.
Social Media Widgets
EU Data Subject Rights
Lawful Grounds. If you reside in the European Economic Area or Switzerland (collectively the “EU”), we rely on the following lawful grounds under the General Data Protection Regulation (“GDPR”) to process (collect, store, and use) your personal data: (a) it is necessary for the performance of a contract with you; (b) our or a third-party’s legitimate business interest; or (c) your consent.
Data Transfer Notice. We are located in the United States and transfer your personal data for processing in the United States. We make the transfer to the United States in the absence of an adequacy decision because it is necessary for the performance of a contract with you, or with your explicit consent.
Individual Rights and Data Subject Requests. We provide you tools to change access, delete, or modify any of your personal information by logging into your account on the Site. You may also contact us at email@example.com to request access to, transfer of, and rectification or erasure of your personal data, or restriction of processing, or to object to processing of your personal data. Please specify the nature of your request and the information that is the subject of your request. We may require you to submit additional information necessary to verify your identity and status as an EU data subject. We will respond to your request within 30 days.
If we are processing your personal data based upon the lawful ground of your consent, you have the right to withdraw your consent for such processing at any time without affecting the lawfulness of processing based on consent before it is withdrawn. To withdraw consent, email us at firstname.lastname@example.org.
We want to hear from you
- Your opinion truly counts. Our Site was designed to serve the needs of our Members. Please contact us with any questions or comments. You may do this by sending an email to email@example.com.