Craftrina Terms Of Use

Terms of Use
Welcome to Craftrina. We’re delighted that you have chosen Craftrina! We want to make sure that all our users have a pleasant experience using Craftrina’s Service and in order to do so, please follow our rules.

These Terms of Use were published on April 23, 2018.

They will take effect on May 19, 2018.

1. Accepting These Terms
2. Those Other Documents We Mentioned
3. Your Privacy
4. Your Account with Craftrina
5. Your Content
6. Your Use of Our Services
7. Termination
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
9. Indemnification (or What Happens If You Get Us Sued)
10. Disputes with Other Users
11. Disputes with Craftrina
12. Changes to the Terms
13. Some Finer Legal Points
14. Contact Information

1. Accepting These Terms
This document and the other documents that we reference below make up our Craftrina rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Craftrina.

Please note that Section 11. Disputes with Craftrina, 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 Craftrina.com, our mobile apps, and the other services provided by Craftrina (we’ll refer to Craftrina.com, our mobile apps and other services as our “Services”), so please read carefully. By using any of our Services (which includes just browsing our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. The Other Documents We Mentioned
Craftrina’s Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant to you, depending on how you use the Services:

Craftrina Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Craftrina Rules For Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.

Craftrina Rules For Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.

Craftrina Rules For Third Parties. These policies apply to:

Intellectual property owners
Anyone requesting information from Craftrina
Craftrina API users
Affiliates
All of these policies are a part of our Terms, so please be sure to read to read our entire Terms document in its entirety because our terms apply to everyone.

3. Your Privacy
Your personal information is of utmost importance Craftrina and we take your privacy very seriously. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both Craftrina and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Craftrina, will be responsible for that unauthorized disclosure.

If, however, Craftrina and sellers are found to be joint data controllers of buyers’ personal information, and if Craftrina is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Craftrina for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Craftrina.

4. Your Account with Craftrina
In order to use Craftrina Services, you will need to create an account. Here are a few rules about accounts with Craftrina:

A. You must be 18 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 are not permitted to use Craftrina or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see Craftrina’s Minors Policy.

B. Honesty is the best policy for everyone. Please provide accurate information about yourself. You are not allowed under any circumstance to use false information or impersonate another person or company through your account. Providing fraudulent misrepresentation will result in termination of your account permanently.

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 or infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. Your account is your responsibility and ONLY your responsibility. You’re solely responsible for any activity on your account. The person whose billing 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. Keep your password protected and safe. As mentioned above, you’re solely responsible for any and all activity on your account, so it’s extremely important to keep your account password secure.

F. Our Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Craftrina.

Our detailed Help article should answer any questions you have about registering an account with Craftrina.

5. Your Content
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. That 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 Craftrina a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Craftrina function and grow. That way, we won’t infringe on any of your Content rights and we can help promote your shop and products.

C. Rights You Grant Craftrina. (Please Note: This the formal and technical language of our legal documents above that are often hard to understand). By posting Your Content, you grant Craftrina 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 Craftrina, your Craftrina shop, or the Services in general, in any formats and through any channels, including across any Craftrina 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 recognize our legitimate interest in using it, in accordance with this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Craftrina going. Consider these examples: if you upload a photo of a listing on your Craftrina shop, first, we have permission to display it to buyers, and second, we can resize 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 of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Craftrina’s.

D. Reporting Unauthorized Content. Craftrina greatly respects intellectual property rights; we’re committed to following the 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 follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

E. Inappropriate, False, or Misleading Content. There are certain types of content that we do allow to be posted on Craftrina’s 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 Prohibited Items Policy, Community Policy, or any part 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.

6. Your Use of Our Services
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. You Can’t 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; you must comply with our Sanctions Policy and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Craftrina, another Craftrina user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Craftrina. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in Australia, Belarus, the EU, Iceland, India, New Zealand, Norway, Russia, Serbia, South Africa, South Korea, Switzerland, Taiwan, Turkey or United Arab Emirates, Craftrina will help collect and remit the correct amount of VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT”). In addition, for items shipped to Washington State or Pennsylvania (or, for digital items, those purchased with a Washington State or Pennsylvania billing address), Craftrina will calculate, collect and remit the applicable sales tax. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

C. Please Don’t Steal Craftrina’s Stuff. 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. If you want to use our API, please follow our API Terms of Use.

D. 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.

E. Follow Our Trademark Policy. The names “Craftrina” and “Craftrina Marketplace,” and the other Craftrina marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Craftrina in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.

F. We love hearing from you and encourage your suggestions and ideas! By providing us with this valuable information, you can help us improve experiences and our Services not only for you, but others as well. Any unsolicited ideas or other materials you submit to Craftrina (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.

G. Talk to Us Online. Craftrina will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing your paper copies (an effort on our part to help the environment) and that your electronic agreement is the same as your signature on paper.
7. Termination
As much as Craftrina would really hate to see you terminate your account with us, you may terminate your account with Craftrina at any time for any reason from your account settings. You can find more information in this Help article. 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 Craftrina. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. 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. Craftrina may refuse service to anyone, at any time, for any reason.

If you or Craftrina terminate your account, you may lose any information associated with your account, including Your Content. We will not be liable to you for any loss of information associated with your account, including Your Conent.

We May Discontinue the Services. Craftrina reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Craftrina does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Craftrina cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Craftrina from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Craftrina is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, Instagram, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. Third parties may require you to accept their own terms of use. Craftrina is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that Craftrina does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties. Craftrina is strives to make our Services as flawless as can be, however, 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 Craftrina, 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. In no event shall Craftrina’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Craftrina in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Craftrina gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Craftrina (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense 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.

10. Disputes with Other Users
If you find yourself in a dispute with another user of Craftrina’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. You can find details about the case system in this Help article. Craftrina will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Craftrina has no obligation to resolve any disputes.

Release of Craftrina. You release Craftrina from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with Craftrina
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

B. Arbitration. You and Craftrina agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Craftrina are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Craftrina will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

D. Forum. We’re based in Brooklyn, Illinois, so any legal action against Craftrina related to our Services must be filed and take place in Brooklyn. That means the seat of any arbitration shall be Brooklyn. For any actions not subject to arbitration, you (where your contract is with Craftrina, Inc.) and Craftrina agree to submit to the personal jurisdiction of a state court located in Lake County, Illinois or the United States District Court for the Northern District of Illinois).

E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Illinois.

F. Modifications. If we make any changes to this “Disputes with Craftrina” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Craftrina prior to the date the changes became effective. Craftrina will notify you of substantive changes to the “Disputes with Craftrina” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Craftrina a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Craftrina in accordance with the provisions of this “Disputes with Craftrina” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

12. Changes to the Terms
Craftrina may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using our Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Craftrina regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact Information
If you have any questions about the Terms, please email us at support@Craftrina.com.

Created on May 19, 2018

*Anytime we make a revision of this document, we will include a link to all previous versions.

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