Terms of Use
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY TRADEPROPS, LLC. ("TRADEPROPS.COM"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.TRADEPROPS.COM (THE "SITE") AND ALL SERVICES PROVIDED BY TRADEPROPS ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. Description of Services with TradeProps
TradeProps acts as a venue to allow users who comply with TradeProps policies to offer, sell and buy certain handmade goods within a fixed-price format. TradeProps is not directly involved in the transaction between buyers and sellers. As a result, TradeProps has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. TradeProps does not pre-screen users or the content or information provided by users. Tradeprops cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, TradeProps does not transfer legal ownership of items from the seller to the buyer.
TradeProps cannot guarantee the true identity, age, and nationality of a user. TradeProps encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that TradeProps is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on TradeProps. You use the TradeProps service at your own risk.
2. Membership Eligibility
Age: TradeProps' services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Etsy may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use TradeProps' services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by TradeProps' policies as stated in the Agreement and the TradeProps policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by TradeProps , each of which is incorporated herein by reference and each of which may be updated by TradeProps from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by TradeProps from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify TradeProps of any unauthorized use of your password or any breach of security. You also agree that TradeProps cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than TradeProps without TradeProps' express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on TradeProps you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your TradeProps account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: TradeProps' services are not available to temporarily or indefinitely suspended Tradeprops members. Tradeprops reserves the right, in TradeProps' sole discretion, to cancel unconfirmed or inactive accounts. TradeProps reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on TradeProps is free. Listing items on TradeProps is free! Tradeprops charges a fee for a 20% percentage of the sale price when the item sells. This fee is waived if you are registered as an flat rate monthly user at $15 per month. When you list an item you have an opportunity to review and accept the fees that you will be charged. Tradeprops’ Fees, which are subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for TradeProps' services are effective after TradeProps provides you with at least fourteen (14) days notice by posting the changes on the Site. Unless otherwise stated, all fees are quoted in US Dollars (USD).
Fees and Termination: If Tradeprops terminates a listing or your account, if you close your account, or if the payment of your Tradeprops fees cannot be completed for any reason, you remain obligated to pay Tradeprops for all unpaid fees plus any penalties, if applicable. If the sellers account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms.
4. Listing and Selling
Shop Policies: All sellers are urged to outline shop policies for their Tradeprops shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Tradeprops’ site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Tradeprops’ reserves the right to request that a seller modify a shop policy.
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Tradeprops’ published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Tradeprops shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the sellers listing (such as payment method), or (b) the seller cannot authenticate the buyers identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the items price after a sale for the purpose of avoiding Tradeprops transaction fees, misrepresent the items location, or use another users account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Tradeprops and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Tradeprops.
Restricted Activities: Your Content and your use of Tradeprops shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-partys copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
5. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Tradeprops staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
6. Be obscene or contain child pornography
7. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
8. Host images not part of a listing
9. Modify, adapt or hack Tradeprops or modify another website so as to falsely imply that it is associated with Tradeprops;
10. Appear to create liability for Tradeprops or cause Tradeprops to lose (in whole or in part) the services of Tradeprops’ ISPs or other suppliers
Furthermore, you may not list any item on Tradeprops (or consummate any transaction that was initiated using Tradeprops’ service) that, by paying to Tradeprops the listing fee or the final value fee, could cause Tradeprops to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content
License: TradeProps does not claim ownership rights in your Content. You grant TradeProps a license solely to enable Tradeprops to use any information or Content you supply TradeProps with, so that TradeProps is not violating any rights you might have in that Content. You grant Tradeprops a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Etsy to store or re-format your Content on Tradeprops and display your Content on Tradeprops in any way as Tradeprops chooses. Tradeprops will only use personal information in accordance with Tradeprops Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Tradeprops user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Etsy-related communications. Etsy has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Etsy user to your email or physical mail list. For more information, see Etsys Privacy Policy.
Re-Posting Content: By posting Content on Tradeprops, it is possible for an outside website or a third party to re-post that Content. You agree to hold Tradeprops harmless for any dispute concerning this use. If you choose to display your own Tradeprops -hosted image on another website, the image must provide a link back to its listing page on Tradeprops.
Idea Submissions: Tradeprops considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Tradeprops shall not be liable for the disclosure or use of such Material. If, at Tradeprops’ request, any member sends Material to improve the site (for example through the Forums or to customer support), Tradeprops will also consider that Material to be non-confidential and non-proprietary and Tradeprops will not be liable for use or disclosure of the Material. Any communication by you to Tradeprops is subject to this Agreement. You hereby grant and agree to grant Tradeprops, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Tradeprops does not control the Content provided by users that is made available on Tradeprops. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Tradeprops, you agree to accept such risks and that Tradeprops (and Tradeprops’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Tradeprops. Please use caution, common sense, and practice safe buying and selling when using Tradeprops.
Other Resources: Tradeprops is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Tradeprops does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Tradeprops shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Meetings
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Tradeprops’ policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the groups contact person. Tradeprops is not involved with user generated groups, the groups requirements, or the Meetings.
Tradeprops does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Tradeprops does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person
Groups or User Fees: Some user-generated groups on Tradeprops may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. ETSY IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO ETSY; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY ETSY, AND ETSY HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT ETSY IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, ETSY USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Tradeprops, please contact Tradeprops.
Should you have a dispute with one or more users, or an outside party, you release Tradeprops (and Tradeprops’ 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. Tradeprops encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Tradeprops, for the benefit of users, may try to help users resolve disputes. Tradeprops does so in Tradeprops’ sole discretion, and Tradeprops has no obligation to resolve disputes between users or between users and outside parties. To the extent that Tradeprops attempts to resolve a dispute, Tradeprops will do so in good faith based solely on Tradeprops’ policies. Tradeprops will not make judgments regarding legal issues or claims.
10. Etsys Intellectual Property
Tradeprops, and other Tradeprops graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Tradeprops, Inc. in the U.S. and/or other countries. Tradeprops’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
TradeProps may contain robot exclusion headers which contain internal rules for software usage. Much of the information on TradeProps is updated on a real-time basis and is proprietary or is licensed to TradeProps by TradeProps’ users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access TradeProps for any purpose whatsoever, except to the extent expressly permitted by and in compliance with TradeProps Terms of Use or otherwise without TradeProps’ prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in TradeProps’ sole discretion, an unreasonable or disproportionately large load on Tradeprops’ infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The Guidelines of TradeProps from the Site except to the extent expressly permitted by and in compliance with Tradeprops’ Terms of Use or otherwise without the prior express written permission of Tradeprops and the appropriate third party, as applicable
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass TradeProps’ robot exclusion headers or other measures TradeProps may use to prevent or restrict access to TradeProps
12. Breach
Without limiting any other remedies, TradeProps may, without notice, and without refunding any fees, delay or immediately remove Content, warn TradeProps community of a users actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a users account privileges, terminate a users account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
TradeProps suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The Guidelines of TradeProps, or other policy documents and community guidelines incorporated herein; Tradeprops is unable to verify or authenticate any of your personal information or Content; or TradeProps believes that a user is acting inconsistently with the letter or spirit of TradeProps’ policies, has engaged in improper or fraudulent activity in connection with TradeProps or the actions may cause legal liability or financial loss to TradeProps’ users or to TradeProps .
13. Privacy
Except as provided in TradeProps' Privacy Policy Tradeprops will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. TradeProps stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
14. No Warranty
TRADE PROPS, TRADEPROPS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TRADEPROPS SUPPLIERS PROVIDE TRADEPROP SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TRADEPROPS, TRADEPROPS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TRADEPROP SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TRADEPROP SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL TRADEPROP, AND (AS APPLICABLE) TRADEPROPS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ETSYS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TRADEPROP SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TRADEPROPS LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TRADEPROP 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.
16. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD TRADEPROPS AND (AS APPLICABLE) TRADEPROP 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.
17. No Guarantee
TradeProps does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside TradeProps control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any TradeProps service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Tradeprops net income).
19. 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.
20. No Agency
You and TradeProps are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. Tradeprops Service
TradeProps reserves the right to modify or terminate the TradeProps service for any reason, without notice, at any time. TradeProps reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If TradeProps makes a material change TradeProps will notify you here, by email, by means of a notice on our home page, or other places TradeProps deems appropriate. What constitutes a "material change" will be determined at TradeProps sole discretion, in good faith, and using common sense and reasonable judgment.
22. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to TradeProps; Attn: Legal Department; 3029 NE 188th Stree #612, Aventura, Florida 33180 or, in your case, to the email address you provide to Tradeprops (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Tradeprops may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TradeProps. In such case, notice shall be deemed given three days after the date of mailing.
23. Disclosures
The services hereunder are offered by TradeProps Inc., located at 3029 NE 188th Street #612, Aventura, Florida. If you are a Florida 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.
Effective Date: November 17, 2011
