| Member Participation Agreement |
1. How To Become A Member
CraftersPlus.com ("CraftersPlus", "Us", "We", "Our", Web Site) will operate this Web Site that allow
people and entities ("Customers") to purchase Items ("Handcrafted", "Skill Crafted", "Antique",
"Collectible") listed within any and all pages and offerings listed in this Web Site from Members/Sellers.
If You would like to become a Member/Seller and would like to list to sell Items through the
CraftersPlus.com Web Site, You will have to:
1. Agree with and submit a CraftersPlus.com Membership Application; and
2. Read this Agreement which includes the Code of Conduct with Performance Standards, the Fee Schedule,
the Customer Ordering Info Page with Shipping Matrix, the How Does This Work, E-mailing Guidelines and
the Policies.
Only individuals who are at least the age of 21 years old and can enter into a legally binding and enforceable
contract may participate as Members/Sellers of this program.
Once We have accepted Your membership application and You have agreed to the terms and conditions of
this agreement, You will be referred to as a "Seller", "You", "Your", "Store", "Member".
Please refer to All Additional Membership Information throughout all pages as listed above.
We have Policies and Procedures with respect to the usage of this Web Site and transactions conducted
through this Web Site that are listed in the all of the above locations inclusive.
There are fees payable by You to CraftersPlus.com for use of this Web Site and for transactions conducted
through this Web Site. These fees are listed in the Fee Schedule section of this agreement.
We may, from time to time, find it necessary to make changes to any part of or all of this agreement. If We
make changes, You will be informed by email and through a link on the home page as to the effective date of
the change. In most instances, the effective date shall be at least twenty-one (21) days from notice. Your
continuing participation of this Web Site after receipt of the Email with the changes, and after the change has
been implemented means You have accepted and agreed to the change.
2. Listing and Selling Your Items Through CraftersPlus.com
In order for Us to list Your Items on this Web Site, We need information about the Items that You intend to
list. This information will be referred to as "Item File" and will include a Digital Image in JPG/Jpeg format
and an Item Description for each Item. If sending your Item Files to Us via E-mail, each image shall be no
greater than 640 x 480. We cannot list Your Items without an Item File. We can resize your images to fit our
required format for you.
At this time, Item Files can be submitted through E-mail as an attachment or through US Mail on a disk. Or
if you live in the Las Vegas Area, contact Admin@craftersplus.com to hand off your Item Files.
By sending of handing off Your Item Files You agree that We can list Your Items on Our Web Site. An
Upload program will be coming soon allowing You to list Your own item files.
3. Permission to List Your Items
You retain ownership of the Item File and all copyrights that may be associated with the Item File. To allow
us to list Your Items on the Web Site, You grant Us the right to use the Item File (including converting the
information in the Item File, if required, to import into Our database) to present the Item File on the Web
Site in association with the services We offer.
Before You provide us with the Item File, You must ensure that:
(a) You have the legal right to offer and sell the Items listed in the Item File.
(b) The Item File and the Items listed therein comply with all applicable laws; and
(c) You will ensure that the Item File and Our use of the Item File will not infringe the
rights/copyright of any person or entity.
You will ensure that all information You provide to Us, including membership application information, Item
File information, and financial Information, and State Sales Tax rate is true, accurate, current and complete.
We will rely on the information You provide. You will be solely responsible and liable for any and all loss,
damage, and additional costs that You, Us or any other person may incur as a result of Your submission of
any false, incorrect or incomplete information.
4.Confidentiality Of Customer Data
As a Member/Seller, You will receive certain information, including confidential payment information
(Customer Data), about Customers of this Web Site. You must treat the Customer Data confidentially and
private. You may use Customer Data only for the purpose of fulfilling an accepted order/sale to which the
particular Customer Data relates. Please see Privacy Policy.
You also agree not to disclose, sell, license or otherwise transfer any Customer Data to any third party or use
any Customer Data for the transmission of "junk mail", "spam", or other unsolicited distribution of
information.
5. We Will Respect Your Privacy
Your personal information will be collected and saved by Us. All data and information We collect from You
will be treated confidentially respecting the applicable laws on data protection, We will treat Your data and
information with the same degree of care of accord We treat our own confidential information.
6. Our Role in a Transaction
Our role is very straightforward. We facilitate the transaction between You and the Customer. We do not
take title to Items You list on the Web Site and We are not a party to the transaction. Regardless of Our
role in facilitating a transaction, the transaction itself is solely between You and the Customer.
7. Your Responsibility for Claims
You are responsible for, and will indemnify and hold US harmless against, any and all claims, liabilities,
obligations and expenses arising from, connected with or relating to Your dealings with Customers or any
breach of the Agreement by You or any person for whom You are in law responsible.
In addition to the requirements set forth in this agreement, You may NOT include in the Item File or
otherwise advertise for sale on the Web Site or sell through the Web Site any items that possession,
advertisement or sale to any persons or class of persons (including minors) are prohibited by law in any of the
jurisdictions in which You or Your business are located.
You are responsible for the collection of sales, value-added and other taxes and duties for Your transactions
with buyers/customers. Any sales made through CraftersPlus.com in which State Sales Tax is collect on your
behalf will be submitted to you.
8. Disclaimer and Limitations of Liability
Your use of CraftersPlus.com Web Site is at your own risk. The Web Site is provided on an "as is" and "as
available" basis, and without any representations, warranties or conditions of any kind, whether express or
implied, and including without limitation implied conditions, warranties, or representations of
merchantability, fitness for a particular purpose, performance or durability, all of which are hereby waived by
You and disclaimed by Us to the fullest extent permitted by law. The operation of this Web Site may be
affected by numerous factors beyond Our control and may not be continuous or uninterrupted or secure.
(Example: power failure.) Security and privacy risks cannot be eliminated. CraftersPlus.com will do Our best
to provide You with a reliable on-line location.
All transactions with Customers are at Your own risk. We are not a party to any transactions and disclaim
any and all liability regarding all transaction. We do not verify the identity of Customers or other users of
this Web Site, the truth or accuracy of information submitted by Customers or users of the Web Site, or the
ability of Customers to complete transactions.
We will not under any circumstances be liable to You or any other person for any loss of use, loss of
production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special indirect
or consequential loss or damage or punitive damages, whether in contract, tort or under any theory of law or
equity, arising from, connected with, or related to the use of the Web Site by You or any other person, and
regardless of any negligence or other fault or wrong doing by Us or any person for whom We are responsible,
and notwithstanding that We may have been advised of the possibility of such loss or damages being incurred
by You or any other person.
In no event will Our total liability to You or any other person for any claims, proceedings, liabilities,
obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity,
and regardless of any negligence or other fault or wrongdoing by US or any person for whom We are
responsible, exceed the lessor of $50 (USD) or the purchase price of the items (plus out of pocket shipping
costs) that are the subject of the claim. In relation to any other third parties' claims You will release Us from
liability if the liability did not arise from Our gross negligence, fraudulent or deliberate intent, but from an
item You implemented on the Web Site or other action caused by You.
The above liability restrictions shall not apply in the case of willful intent or gross negligence. Any further
mandatory statutory liability of CraftersPlus.com for bodily harm or damage to health or arising from
statutory regulations of the country specific product liability law remains unaffected.
9. How To Terminate This Agreement
This agreement is for an indefinite term. Either You or We may terminate this agreement at any time for
convenience effective immediately upon written notice of termination to the other. We may at any time and
in Our discretion immediately suspend or terminate (in whole or in part) Your permission to use the Web
Site without any liability to You or any other person.
Upon termination of this Agreement, You will pay us all unpaid fees and payments to the date of cancellation,
and We will pay You any balance due.
If You or We terminate this Agreement or Your permission to use the Web Site for any reason, this
Agreement will nevertheless continue to apply and be binding upon You with respect of Your prior use of the
Web Site and prior transactions through the Web Site and anything connected with, relating to or arising
from those matters.
10. Ownership of the Web Site
This Web Site and all information (in text, graphical, video and audio forms), images, logos, icons, software,
designs, applications, calculators, models, data and other elements available on or through the Web Site are
Our property and the property of others. Your participation in or use of this Web Site does not transfer to
You any ownership or other rights. If you would like to add Our domain name to your business cards please
refer to the How Does This Work pages for instructions.
11. Off-Sets
To Simplify Your payment process and Ours, We need to have the ability to Off-Set monies owing to each
other. We may Off-Set against monies owing to You any monies You own to Us. Please see How Does This
Work.
12. What Law Applies and How We Resolve Disputes
This Web Site is controlled by Us from the State of Arizona, United States of America. This agreement,
participation in, access to and the use of the Web Site, and all related matters, are governed solely by the laws
of Arizona, United States of America and applicable federal law of the United States, except any rules of
private international law or the conflict of laws that would lead to the application of any other laws.
For all Disputes arising from, connected with or relating to the Web Site, this Agreement, transactions
facilitated or conducted through the Web Site, Items offered or purchased through the Web Site, dealings
between You and Us, or any related matters or any legal relationship associated therewith or derived
therefrom ("Disputes"), You and Us will attempt to find a reasonable, least burdensome solution. If a
Dispute cannot be resolved by You and Us, then the Dispute will be referred to and finally resolved by
arbitration. The place of arbitration shall be Kingman, Arizona, United States of America. The language of
arbitration shall be the English language. The award rendered in any arbitration commenced hereunder is
final and conclusive and judgement thereon may be entered in any court having jurisdiction for its
enforcement.
Proceedings regarding Disputes must commence within six (6) months after the Dispute arose, after which
time any and all proceedings regarding the Dispute are barred.
CraftersPlus.com ("CraftersPlus", "Us", "We", "Our", Web Site) will operate this Web Site that allow
people and entities ("Customers") to purchase Items ("Handcrafted", "Skill Crafted", "Antique",
"Collectible") listed within any and all pages and offerings listed in this Web Site from Members/Sellers.
If You would like to become a Member/Seller and would like to list to sell Items through the
CraftersPlus.com Web Site, You will have to:
1. Agree with and submit a CraftersPlus.com Membership Application; and
2. Read this Agreement which includes the Code of Conduct with Performance Standards, the Fee Schedule,
the Customer Ordering Info Page with Shipping Matrix, the How Does This Work, E-mailing Guidelines and
the Policies.
Only individuals who are at least the age of 21 years old and can enter into a legally binding and enforceable
contract may participate as Members/Sellers of this program.
Once We have accepted Your membership application and You have agreed to the terms and conditions of
this agreement, You will be referred to as a "Seller", "You", "Your", "Store", "Member".
Please refer to All Additional Membership Information throughout all pages as listed above.
We have Policies and Procedures with respect to the usage of this Web Site and transactions conducted
through this Web Site that are listed in the all of the above locations inclusive.
There are fees payable by You to CraftersPlus.com for use of this Web Site and for transactions conducted
through this Web Site. These fees are listed in the Fee Schedule section of this agreement.
We may, from time to time, find it necessary to make changes to any part of or all of this agreement. If We
make changes, You will be informed by email and through a link on the home page as to the effective date of
the change. In most instances, the effective date shall be at least twenty-one (21) days from notice. Your
continuing participation of this Web Site after receipt of the Email with the changes, and after the change has
been implemented means You have accepted and agreed to the change.
2. Listing and Selling Your Items Through CraftersPlus.com
In order for Us to list Your Items on this Web Site, We need information about the Items that You intend to
list. This information will be referred to as "Item File" and will include a Digital Image in JPG/Jpeg format
and an Item Description for each Item. If sending your Item Files to Us via E-mail, each image shall be no
greater than 640 x 480. We cannot list Your Items without an Item File. We can resize your images to fit our
required format for you.
At this time, Item Files can be submitted through E-mail as an attachment or through US Mail on a disk. Or
if you live in the Las Vegas Area, contact Admin@craftersplus.com to hand off your Item Files.
By sending of handing off Your Item Files You agree that We can list Your Items on Our Web Site. An
Upload program will be coming soon allowing You to list Your own item files.
3. Permission to List Your Items
You retain ownership of the Item File and all copyrights that may be associated with the Item File. To allow
us to list Your Items on the Web Site, You grant Us the right to use the Item File (including converting the
information in the Item File, if required, to import into Our database) to present the Item File on the Web
Site in association with the services We offer.
Before You provide us with the Item File, You must ensure that:
(a) You have the legal right to offer and sell the Items listed in the Item File.
(b) The Item File and the Items listed therein comply with all applicable laws; and
(c) You will ensure that the Item File and Our use of the Item File will not infringe the
rights/copyright of any person or entity.
You will ensure that all information You provide to Us, including membership application information, Item
File information, and financial Information, and State Sales Tax rate is true, accurate, current and complete.
We will rely on the information You provide. You will be solely responsible and liable for any and all loss,
damage, and additional costs that You, Us or any other person may incur as a result of Your submission of
any false, incorrect or incomplete information.
4.Confidentiality Of Customer Data
As a Member/Seller, You will receive certain information, including confidential payment information
(Customer Data), about Customers of this Web Site. You must treat the Customer Data confidentially and
private. You may use Customer Data only for the purpose of fulfilling an accepted order/sale to which the
particular Customer Data relates. Please see Privacy Policy.
You also agree not to disclose, sell, license or otherwise transfer any Customer Data to any third party or use
any Customer Data for the transmission of "junk mail", "spam", or other unsolicited distribution of
information.
5. We Will Respect Your Privacy
Your personal information will be collected and saved by Us. All data and information We collect from You
will be treated confidentially respecting the applicable laws on data protection, We will treat Your data and
information with the same degree of care of accord We treat our own confidential information.
6. Our Role in a Transaction
Our role is very straightforward. We facilitate the transaction between You and the Customer. We do not
take title to Items You list on the Web Site and We are not a party to the transaction. Regardless of Our
role in facilitating a transaction, the transaction itself is solely between You and the Customer.
7. Your Responsibility for Claims
You are responsible for, and will indemnify and hold US harmless against, any and all claims, liabilities,
obligations and expenses arising from, connected with or relating to Your dealings with Customers or any
breach of the Agreement by You or any person for whom You are in law responsible.
In addition to the requirements set forth in this agreement, You may NOT include in the Item File or
otherwise advertise for sale on the Web Site or sell through the Web Site any items that possession,
advertisement or sale to any persons or class of persons (including minors) are prohibited by law in any of the
jurisdictions in which You or Your business are located.
You are responsible for the collection of sales, value-added and other taxes and duties for Your transactions
with buyers/customers. Any sales made through CraftersPlus.com in which State Sales Tax is collect on your
behalf will be submitted to you.
8. Disclaimer and Limitations of Liability
Your use of CraftersPlus.com Web Site is at your own risk. The Web Site is provided on an "as is" and "as
available" basis, and without any representations, warranties or conditions of any kind, whether express or
implied, and including without limitation implied conditions, warranties, or representations of
merchantability, fitness for a particular purpose, performance or durability, all of which are hereby waived by
You and disclaimed by Us to the fullest extent permitted by law. The operation of this Web Site may be
affected by numerous factors beyond Our control and may not be continuous or uninterrupted or secure.
(Example: power failure.) Security and privacy risks cannot be eliminated. CraftersPlus.com will do Our best
to provide You with a reliable on-line location.
All transactions with Customers are at Your own risk. We are not a party to any transactions and disclaim
any and all liability regarding all transaction. We do not verify the identity of Customers or other users of
this Web Site, the truth or accuracy of information submitted by Customers or users of the Web Site, or the
ability of Customers to complete transactions.
We will not under any circumstances be liable to You or any other person for any loss of use, loss of
production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special indirect
or consequential loss or damage or punitive damages, whether in contract, tort or under any theory of law or
equity, arising from, connected with, or related to the use of the Web Site by You or any other person, and
regardless of any negligence or other fault or wrong doing by Us or any person for whom We are responsible,
and notwithstanding that We may have been advised of the possibility of such loss or damages being incurred
by You or any other person.
In no event will Our total liability to You or any other person for any claims, proceedings, liabilities,
obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity,
and regardless of any negligence or other fault or wrongdoing by US or any person for whom We are
responsible, exceed the lessor of $50 (USD) or the purchase price of the items (plus out of pocket shipping
costs) that are the subject of the claim. In relation to any other third parties' claims You will release Us from
liability if the liability did not arise from Our gross negligence, fraudulent or deliberate intent, but from an
item You implemented on the Web Site or other action caused by You.
The above liability restrictions shall not apply in the case of willful intent or gross negligence. Any further
mandatory statutory liability of CraftersPlus.com for bodily harm or damage to health or arising from
statutory regulations of the country specific product liability law remains unaffected.
9. How To Terminate This Agreement
This agreement is for an indefinite term. Either You or We may terminate this agreement at any time for
convenience effective immediately upon written notice of termination to the other. We may at any time and
in Our discretion immediately suspend or terminate (in whole or in part) Your permission to use the Web
Site without any liability to You or any other person.
Upon termination of this Agreement, You will pay us all unpaid fees and payments to the date of cancellation,
and We will pay You any balance due.
If You or We terminate this Agreement or Your permission to use the Web Site for any reason, this
Agreement will nevertheless continue to apply and be binding upon You with respect of Your prior use of the
Web Site and prior transactions through the Web Site and anything connected with, relating to or arising
from those matters.
10. Ownership of the Web Site
This Web Site and all information (in text, graphical, video and audio forms), images, logos, icons, software,
designs, applications, calculators, models, data and other elements available on or through the Web Site are
Our property and the property of others. Your participation in or use of this Web Site does not transfer to
You any ownership or other rights. If you would like to add Our domain name to your business cards please
refer to the How Does This Work pages for instructions.
11. Off-Sets
To Simplify Your payment process and Ours, We need to have the ability to Off-Set monies owing to each
other. We may Off-Set against monies owing to You any monies You own to Us. Please see How Does This
Work.
12. What Law Applies and How We Resolve Disputes
This Web Site is controlled by Us from the State of Arizona, United States of America. This agreement,
participation in, access to and the use of the Web Site, and all related matters, are governed solely by the laws
of Arizona, United States of America and applicable federal law of the United States, except any rules of
private international law or the conflict of laws that would lead to the application of any other laws.
For all Disputes arising from, connected with or relating to the Web Site, this Agreement, transactions
facilitated or conducted through the Web Site, Items offered or purchased through the Web Site, dealings
between You and Us, or any related matters or any legal relationship associated therewith or derived
therefrom ("Disputes"), You and Us will attempt to find a reasonable, least burdensome solution. If a
Dispute cannot be resolved by You and Us, then the Dispute will be referred to and finally resolved by
arbitration. The place of arbitration shall be Kingman, Arizona, United States of America. The language of
arbitration shall be the English language. The award rendered in any arbitration commenced hereunder is
final and conclusive and judgement thereon may be entered in any court having jurisdiction for its
enforcement.
Proceedings regarding Disputes must commence within six (6) months after the Dispute arose, after which
time any and all proceedings regarding the Dispute are barred.
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| Copyright 2006-2008 @ CraftersPlus.com. All rights reserved. No part of this web site or any of the pages or photos, or logos, or trademarks, may be copied, transferred, electronically transferred or used without the express permission of the Administrator of CraftersPlus.com |
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