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HOME PAGE ABOUT US CUSTOMER SERVICE VENUE POLICIES |
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Venue Policies
USER AGREEMENT
The User Agreement is effective for all users on March 1, 2008.
THE FOLLOWING ARE THE TERMS ON WHICH GIFTED REPUBLIC INC. OFFERS YOU ACCESS TO OUR SERVICES
This is the User Agreement for Gifted Republic Inc.
This Agreement describes the terms and conditions applicable to your use of our services available under the domain and subdomains of www.giftedrepublic.com (the "Site") and Gifted Republic Inc. ("Gifted Republic") . If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services.
You must read, agree with and accept all of the terms and conditions contained in this 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 Gifted Republic. As you read this Agreement, you also should also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as user of Gifted Republic. By accepting this Agreement, you also agree that your use of other Gifted Republic websites will be governed by the user agreement and privacy policies posted on those websites.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective at the 14 days after they are initially posted on our site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in a writing signed by you and Gifted Republic Inc. This agreement is effective upon acceptance in registration and is otherwise effective on March 1, 2008 for all users registered.
Membership Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Gifted Republic members. If you are under the age of 18, you can use this Site only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use the Site. Further, your Gifted Republic 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 on, and listing items for sale at Gifted Republic is free. We do charge a fee of 10% to the seller with each completed sale through our Site. We may change our fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
Certain taxes and government charges may be payable in relation to the purchase transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site.
Gifted Republic Is Venue.
Although we are commonly referred to as an online retail web site, it is important to realize that we are not a traditional "store." Our Site, instead, acts as a venue to allow artists, artisans, and craftspersons, to offer, and sell, their works, and for consumers to buy their works in a fixed price format.Our site is a passive conduit for connecting 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.
Indentity Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user authentication on the Internet is difficult, Gifted Repiblic cannot and does not confirm each user's purported identity.
Release.
Because we are a venue, in the event that you have a dispute with one or more users, you release Gifted Republic Inc. (and all of Gifted Republic's, officers, directors, agents 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 which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and Gifted Republic is not responsible for the acts or omissions of its users.
Buying.
As a buyer, you are obligated to complete the transaction with the seller if you purchased the item on our site through the fixed price format, and you agree to be bound by the conditions of sale included in the item's description by the seller so long as those conditions of sale are not in violation of this Agreement or otherwise unlawful. Purchases are not retractable except in exceptional circumstances where the seller materially changes the item's description after you purchase, a clear typographical error is made, or you cannot authenticate the seller's identity. If you choose to purchase an items you are certifying that you have the legal right to purchase such items.
Listing and Selling.
In order to list iems for slate on our Site, the following requirements must be met:
- A) You must be legally able to sell the item(s) you list;
- B) You must be a Canadian artist, artisan, or craftsperson;and
- C) the items you list for sale on our Site must be:
- II) made by hand, and
- III) made in Canada,
- and by listing items on our site you are certifying that all of the above are true.
- I) your works,
- (a) the buyer fails to meet the terms of your listing (such as payment method), or
- (b) you cannot authenticate the buyer's identity.
Fraud.
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site. Neither 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, or listing process, in any public message 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, antidiscrimination 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 concurrently listed for sale on a web site other than Gifted Republic Inc. (this does not prevent linking to or advertising Gifted Republic Inc. item from another web site); or
- (cc) 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 the 10% commission fee, could cause us to violate any applicable law, statute, ordinance or regulation.
License.
Solely to enable us 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, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. You also waive all moral rights you have in such information. We will only use Your Information in accordance with our Privacy Policy.
Access and Interference.
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Gifted republic 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 Gifted Republic Inc. 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.
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:
- (a) if you breach this Agreement or the documents it incorporates by reference;
- (b) if we are unable to verify or authenticate any information you provide to us; or
- (c) if 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 personal 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 technical security devices. We use third parties to review our privacy practices. Our current Privacy Policy is available at Customer Service. If you object to your personal information being transferred or used in this way, please do not use our Site or services.
No Warranty.
GIFTED REPUBLIC, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GIFTED REPUBLIC AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
Liability Limit.
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). GIFTED REPUBLIC's LIABILITY, AND THE LIABILITY OF ITS, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND C$150.
Indemnity.
You agree to indemnify and hold Gifted Republic, its 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 laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, and sale of items.
No Agency.
You and Gifted Republic are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Notices.
Except as explicitly stated otherwise, any notices shall be given by registered mail to:
Gifted Republic Inc.
20 Oak Avenue
Richmond Hill, Ontario
L4C 6R7
or to the email address you provide to Gifted Republic Inc. 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 Gifted Republic during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Resolution of Disputes
In the event a dispute arises between you and Gifted Republic, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Gifted Republic agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
Court.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Richmond Hill, Ontario or where the defendant is located, and in your case your home address or principal place of business). You and Gifted Republic agree to submit to the jurisdiction of the courts located within the jurisdiction of Richmond Hill, Ontario.
Additional Terms.
There are additional terms and policies on the Site. All such postings are incorporated by refence Agreement and provide additional terms and conditions related to specific services offered on the Site. Without limiting the generality of the foregoing these include: Privacy Policy: available at Customer Services - http://www.giftedrepublic.com/servlet/the-template/privacy/Page
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except the Privacy Policy for which we will provide you with 14 days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to service you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
General.
This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by number of factors outside of our control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated terms and conditions may be automatically assigned by Gifted Republic, in our sole discretion.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
(Fees and Services) with respect to fees owed for our services, (Release), (License), (Access and Interference), (No Warranty), (Liability Limit), (Indemnity) and (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.safetysurf.com or other analogous sites providing information on such protections. The preceding link is provided for information purposes only, and is not intended as an endorsement of SafetySurf.com's Internet site, services, or policies. Gifted Republic is not affiliated with safetysurf.com.
Disputes between you and Gifted Republic regarding our Site may be reported to Customer Support. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general or a certified mediation or arbitration entity. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the Gifted Republic Inc. User Agreement and Privacy Policy.
Rules for Sellers.
- Sellers.
You are ultimately responsible for making sure that selling an item on our Site is legal in the eyes of the law. Violations of these policies may result in a range of actions, including:- Listing cancellation
- Limits on account privileges
- Account/subscription suspension
- Understanding the rules about prohibited and restricted items. Policies about listing items are often based on country and provincial laws. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law. The limitations are the result of input by numerous stakeholders, including the Community.
- Selling Across Borders.
When selling across borders, be aware of international trading and import restrictions. Certain items may be legal in your country, but may be illegal elsewhere. You are responsible for making sure that selling an item in another jurisdiction is legal in that jurisdiction.
Please review the Rules for Listings and the Rules about Intellectual Property to check if your type of item has additional restrictions that would affect your listing.
Rules for All Site users.
All members of Gifted Republic both buyers and sellers need to know the rules listed below. These rules are designed to ensure all participants in the Gifted Republic Site are engaging in safe, and accepted fair practices for ecommerce transactions.
- Members.
All Gifted Republic Members are prohibited from: - interfering with the Site
- using profanity or offensive language on the Site
- infringing on the intellectual property rights of Gifted Republic
- Continuing the Use of Site if the member's account or subscription is suspended
- misusing the Gifted Republic email forwarding system, sending unsolicited email(spam) or email threats to other members
- Identity Rules
Members must: - be 18 years of age or older
- use their true identity on the Site
- always provide valid and complete contact information and must always have a valid email address
- never publish the contact information of other members in an online public area li>follow Gifted Republic's rules for discussion boards and community content (includes reviews, guides, and blog entries)
