Terms and Conditions
Selladon.com User Agreement
By using the Selladon.com web site you are agreeing to be bound by the following terms and conditions (“Terms of Use”).
Basic Terms
- To use Selladon.com you must be 18 years and older or have permission from a legal guardian.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Selladon users.
- You may not use the Selladon.com service for any illegal or unauthorized purpose.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the Selladon.com service.
- You must not modify, adapt or hack Selladon.com or modify another website so as to falsely imply that it is associated with Selladon.com.
- You must not create or submit unwanted email to any Selladon members (“Spam”).
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Selladon, violate any laws in your jurisdiction.
- Your account is intended for personal use, you must not share it with other sellers. (One account per person, please.)
Violation of any of these agreements will result in the termination of your Selladon.com account. While Selladon.com prohibits such conduct and content on its site, you understand and agree that Selldaon cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Selladon.com service at your own risk.
General Conditions
- We reserve the right to modify or terminate the Selladon.com service for any reason, without notice at any time.
- We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
- The Selladon service makes it possible to post images hosted on Selladon to outside websites. This use is accepted. However, pages on other websites which display images hosted on Selladon.com must provide a link back to Selladon from each photo to its photo page on Selladon.
- We claim no intellectual property rights over the material you provide to the Selladon service. Your profile and materials uploaded remain yours. 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. However, by uploading images and item description content to Selladon.com, you agree to allow other Selladon users to view them and you agree to allow Selladon to display and store them.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Selladon.
We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective on October 8, 2019 for all users.
Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Selladon 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 our Site. Further, your Selladon account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Fees and Services
Joining and setting up a shop on Selladon is free. As a Selladon Artist, you only pay a fee on items sold, (No Listing Fees) we’ll take a minimum commission of $1.00 or 15% of the total after it is sold. Selladon fees cover order processing expenses, including credit card processing fees and contribute to ceramic educational programs. There are no fees unless an item is sold.
Selladon is a Venue
Selladon is not a Retailer. Although we are commonly referred to as an online marketplace, it is important to realize that we are not a traditional "retailer." Instead, the Site acts as a venue to allow anyone to offer, sell, and buy handmade ceramics and used ceramic equipment, at anytime, from the US, in a variety of pricing formats, including a fixed price format. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer.
Release
Because we are a venue, in the event that you have a dispute with one or more users, you release Selladon (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Control
We do not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Selladon. 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 this Site, you agree to accept such risks and Selladon is not responsible for the acts or omissions of users on the Site.
Buying
As a buyer, you are obligated to complete the transaction with the seller if you purchase an item on Selladon in any shop. As a seller, you are obligated to sell and ship the item as described.
Listing and Selling
Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
Binding Sale: Except for items listed with a Not For Sale qualifier, if you receive a purchase request you are obligated as the seller to complete the transaction with the buyer in a prompt manner.
Fraud: Without limiting any other remedies, Selladon may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Manipulation: Neither you, buyers nor sellers may manipulate the price of any item nor may you interfere with other user's listings or transactions.
Your Information
Definition:"Your Information" is defined as any information you provide to us or other users in the registration, listing process, 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 we act as a passive conduit for your online distribution and publication of Your Information.
Restricted Activities: Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary 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); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (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 Selladon's (this does not prevent linking to or advertising an Selladon item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current.
Prohibited, Questionable and Infringing Items
License: Solely to enable Selladon to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Selladon will only use Your Information in accordance with our Privacy Policy.
Access and Interference
The Site may contain robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Selladon by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Selladon 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 the Site
Feedback
Integrity: You may not take any actions that may undermine the integrity of the feedback system. We may limit the number of purchases and listings you may place on the Site based upon the level of your feedback your membership may be suspended, and you may be unable to list or buy.
Export: You acknowledge that your feedback consists of comments left by other users. Because feedback ratings are not designed for any purpose other than for facilitating trading between Selladon users, you agree that you shall not market or export your Selladon feedback rating in any venue other than an Selladon operated website.
Import: We do not provide you with the technical ability to import feedback from other (non-Selladon operated) websites to Selladon because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.
No Warranty
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR 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).
OUR LIABILITY, AND THE LIABILITY OF OUR 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 US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and Selladon are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Notices will be sent via email to the email address you provide to Selladon during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Selladon during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.