TERMS AND CONDITIONS
By using our website, you agree to be bound by the following Terms and Conditions (“Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, buyers, advertisers, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. If you do not agree to all of these Terms and Conditions, then you may not access our website or use our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to our website shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
MYEBOOTH.COM,LLC owns and operates the MYEBOOTH.COM website located at https://myebooth.com (“website”). Our website is a multi-vendor platform where registered users (“Vendors”) can sell their handmade goods to the general public. Each vendor on our website is required to pay a fixed monthly fee in order to sell their items on our website. In exchange, a Vendor will be allowed to have their own page on our website, and a distinct url.
Our Vendors are organized by city so as to allow the opportunity for local Vendors and local Buyers to interact, whether through email correspondence, by phone, or face to face, should they wish to. Vendors and Buyers can communicate by messaging each other using the message seller form on each shop page or single product page and are permitted to exchange contact information. Vendors and Buyers are allowed to transact either on the site or off the site and can arrange for local pickups and Buyer to Vendor direct payments.
Vendors can also choose to ship their items and to accept payments through our website. We handle payments for products through PayPal, a third party.
- Memberships, and pricing
Several membership options are offered to Vendors on our site and offer different benefits. We also allow our Vendors to pay an additional fee to feature their shops and products on either the Home page of our site or on their City’s page. Vendors pay their monthly membership fees and for any upgrade in our services, such as to feature their items, through Stripe, a third party. Vendors can specify if they want their monthly membership to be automatically renewed until cancelled or can renew their memberships on a month to month basis.
We reserve the right to change these membership terms, benefits, and prices at any time. We reserve the right at any time to modify or discontinue our service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.
- Buying and Selling Rules
- MYEBOOTH.COM, LLC is not involved in any transactions between Vendors and Buyers and does not sell or ship any products sold on our website. Consequently, we do not warrant the authenticity of any products advertised for sale on our site, or even promise that you will receive your items.
- Because we do not engage in any transactions, we allow our Vendors to set their own Terms and Conditions insofar as they are not inconsistent with the Terms and Conditions of our website. Vendors on our website are permitted to set their own shipping policies, return policies, payment policies, and any other policy required to complete a transaction insofar as those policies are not inconsistent with our Terms and Conditions. Please be familiar with a particular Vendor’s Terms and Conditions before your complete your transaction.
- All agreements made for the sale and purchase of products on the site are made directly between Vendor and Buyer. COM does not communicate with Vendors or Buyers in connection with transactions unless we are advised that a Vendor or Buyer is in violation of our Terms and Conditions.
- MYEBOOTH.COM, LLC does not approve, test, ever have in its possession, or warrant in any way any particular product that is listed for sale on our site. Once a vendor is verified and approved to sell on our site, they can list any product insofar as it is not a prohibited item.
- We expect that Vendors are the owners of the products they are selling and have the authority to sell any items that they post on their Shop page on our site. If you have information that this is not the case, please use the Report Abuse button to report a Vendor to the Administrator of the site and we will immediately investigate the matter.
- All Buyers and Vendors on our site must be over the age of 18 or in the case of our kids memberships, be supervised by a parent or legal guardian, in order to buy or sell items on our website.
- Vendors are solely responsible for pricing their products, and for collecting and/or paying any applicable taxes with respect to any products that they sell on MYEBOOTH.COM.
- Disputes between Buyers and Vendors must be resolved between them. Should a dispute arise that a Vendor or Buyer feels presents a violation of our Terms and Conditions, you may email firstname.lastname@example.org and we will look into it and attempt to take appropriate action, which may involve terminating a Vendor’s membership, removing a product, or notifying the proper authorities, if appropriate.
- Vendors are free to accept payments directly from Buyers, however, the option is always available to Vendors and Buyers to conduct the payment portion of their transaction through Stripe.
- We suggest that if Vendors and Buyers elect to engage in a local pickup to conclude their transaction, that the transaction take place in a safe zone or in public place such as a Police Station, shopping mall, or another well populated and well-lit area. However, Vendors and Buyers have the liberty to conclude their transaction as they wish.
- If a Vendor posts to a specific city page, they are representing that they are willing to transact in that city.
- Vendors must only list one product per each product listing unless they are listing a variable product. Gallery images should be reserved for additional images of the same product and cannot be used to defeat any product limits set by our website.
- Prohibited Items
The following items may not be listed by Vendors for sale on our website and are expressly prohibited:
- Used clothing, shoes, toys, or any other garage sale type items that were not handmade or handcrafted by the Vendor posting the item
- Furniture that was not handcrafted, refinished, or repurposed by the Vendor listing the product
- Weapons, ammunition, and other items that promote, support, or glorify violence such as bb guns, firearms, knives, and machetes
- Certain animal products and human remains
- Items containing obscenity, profanity, and vulgar language
- Products that do not meet the consumer product safety standards required by applicable regulatory bodies such as Health Canada and the FDA, such as ivory, hazardous materials, taxidermized animals, and handcuffs
- Hate items, including items that promote, support, or illicit hatred towards another person or is considered sexist, racist, or discriminatory in any way
- Illegal or stolen items, or any products that promote illegal activity
- Internationally regulated items
- Pornography, and items depicting female or male nudity
- Live animals or livestock
- Items that infringe on someone else’s intellectual property rights
- Items that were not handmade or created by you or your child (in the case of our kids’ accounts)
Any items falling within these categories will be immediately removed from our website without notice to the Vendor. We have provided for a Report Abuse button on product pages to make it easier for prohibited items to be reported to us. You may also email us at email@example.com.
- Prohibited Uses
In addition to other prohibitions as set forth in our Terms and Conditions, you are prohibited from using our site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of our services, including your Vendor account, for violating any of these prohibited uses.
6. Your Account, Vendor Verification
Before a Vendor can sell products on our website, we will verify their identity by viewing their social media pages, or business pages, if applicable. They are also required to verify their email address. However, we do not run criminal background searches, or utilize private investigator services to verify Vendors. Consequently, the information we have available to us is limited. We reserve the right to refuse service to anyone for any reason at any time. Additionally, Buyers’ transactions with Vendors is at their sole risk.
We ask that to provide your real name when creating a Vendor account or when purchasing items from Vendors on our site. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information as needed. Vendors must assure that their Vendor accounts are kept up to date at all times with their address, phone number, and email information. Buyers must assure that they provide their true names and not aliases or fictitious names when transacting on our site.
- Sharing Your Content and Information
In an effort to help Vendors on our site to market their products, we include share icons on every product sold on our website. We also allow our Vendors to share and post on their page links to any social media pages and websites that they have. This is permitted through our site as are off site transactions through those other sites.
- Enforcement of our Terms and Conditions
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
10. Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our services will be uninterrupted, timely, secure, or error-free. Further, although we feel that we provide a professional and creative place for Vendors to advertise and sell their handmade items, we do not warrant any results that may be obtained from the use of the services provided on our site.
You agree that from time to time we may remove services offered by our site for indefinite periods of time or cancel the services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our services is at your sole risk. The service and all products and services delivered to you through our website (except as expressly stated by us) is provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MYEBOOTH.COM, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of or inability to use any of our services or related to any products procured from our website, or for any other claim related in any way to your use of our website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our website, or in any product posted, transmitted, or otherwise made available on our website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless MYEBOOTH.COM, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Termination of Services by Vendors
Vendors may terminate our services and Vendor accounts and/or stop using MYEBOOTH.COM at any time. MYEBOOTH.COM, LLC reserves the right to immediately ban or terminate or suspend all or a portion of a Vendor’s account and/or access to MYEBOOTH.COM, LLC at any time and for whatever reason, including for violation of any of its terms and conditions. MYEBOOTH.COM, LLC will not be responsible for any damages that may result or arise out of such termination or suspension of an account and/or access to our website.
- Governing Law & Disputes
These Terms are governed by the laws of Louisiana, without regard to conflict of laws principles. If anyone brings a claim against us related to a Vendor or Buyer’s actions, content or information on MYEBOOTH.COM, that Vendor or Buyer will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. MYEBOOTH.COM, LLC is not involved in any transactions and does not control any Vendor’s actions. We are also not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that you may be encounter on our website, however, we do remove any items that are in violation of our policies. Please use the Report Abuse button to report any prohibited items or email us at firstname.lastname@example.org.
We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please email us at email@example.com if you need to report copyright infringement so we can investigate and remove any objectionable items.
- Third Party Links
Certain content, products, and services available on our website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- User comments, feedback, and other submissions
If, at our request, you send certain specific submissions (for example contest entries, or applications for our Artist of the Month) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- Errors, Inaccuracies and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to a description of our services, pricing, promotions, or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information related to our services or that is contained on any related website or social media age is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in regard to our services or on any related website, including without limitation, pricing information, except as required by law.
- Promotional Periods, Special Offers, & Membership Auto-Renewal
In order to sell products on our website, you must subscribe to become a Vendor. If you subscribe as a Vendor pursuant to a promotion that allows for a “free” trial period, following the expiration of that term, your membership will be automatically renewed at the same level that you subscribed to unless you cancel your membership. For this reason, we will ask you to provide a payment method upon initial sign up even though no payment may then be due.
By becoming a Vendor on our website, you are acknowledging and accepting that following the expiration of any promotional period, your membership will be charged on a monthly basis for an indefinite period of time using the payment method that you provided. You are further acknowledging that you will be responsible for any monthly membership charges until you cancel your membership. To cancel your membership, please go to the My Account Page and click on the “My Subscription” tab and then click “cancel.” You will not be charged any cancellation fees should you choose to discontinue your monthly subscription. Your membership fees may be prorated. You can resubscribe to our services at any time, but we reserve the right to deny resubscription if we have previously terminated your membership for violation of our Terms and Conditions.
You will be responsible for keeping your payment methods current to avoid any interruption in our services. You may change your payment methods on your “My Account” page. As above stated, we use a third-party service, Stripe, to process our membership payments. Upon renewal of your subscription, if we do not receive payment or the payment method you provided is declined, you agree to pay to MYEBOOTH.COM, LLC all amounts due on your account upon demand. You further agree that we can either terminate or suspend your membership or can retry your payment method, or any new payment method that you later provide, which shall be the choice of MYEBOOTH.COM, LLC.