CraftELady's Craft & Garden Mall
Terms of Service Agreement
In this Agreement between CraftELady and Licensee (hereby referred to as "You" or "Your"):
1. CraftELady hereby grants you the right to display for sale, items that are owned or created by you. Offers of craft supplies for sale is exclusively reserved by CraftELady.
2. Upon execution of this Agreement, you agree to the payment of 15% commission of your gross sales that occur through this website. Said commission will be deducted prior to remittance of sale payments. (15% commission will be deducted from the amount of the order, not including shipping & handling fees).
3. For this compensation, CraftELady will develop and maintain a web page for you with pictures and descriptions provided by you in a .gif or .jpg format. Page contents will not exceed 10MB of web space. The site is to be used and occupied by you solely for the display and sale of your items. CraftELady shall, in it's sole discretion, have the right of final determination on the acceptability of all items displayed for sale. CraftELady reserves the right to refuse items deemed unacceptable. In this instance you will be notified of this action. You agree not to perform any acts or carry on practices which may injure CraftELady or be a nuisance to other crafters. Spamming will NOT be allowed. If you are caught spamming, your site will be closed immediately. You may not use the website for any purpose which is unlawful or violates any ordinance or law. Pornographic or Adult Only material will not be allowed.
4. You may choose from the storefronts available on CraftELady's Craft & Garden Mall's main page or if you so desire, you may design your own storefront. It must be in a 'country cottage' style, no larger than 150pixels wide x 200 pixels high and in a .gif or .jpg format. You may not use storefronts designed by other parties without providing proof in writing of their consent so as not to violate any copyright or trademark laws.
5. CraftELady will not be held liable to you or any other person for any damage to persons or property caused by your acts, omissions, or negligence by you or any user of your product or craft. You agree to indemnify, defend, and hold CraftELady and CraftELady's Craft & Garden Mall free and harmless from any and all claims regarding such.
6. You will collect and remit to the proper authority all state, federal and local sales taxes, tariffs, or fees of any nature in regard to the sale of your items. You are responsible for all collection, shipping, handling, and payment of the aforementioned taxes/tariffs. You will be dealing directly with the consumer and you will not have recourse against CraftELady. CraftELady is not involved with the sale of your items other than providing your connection to the consumer through the Internet site.
7. CraftELady agrees to maintain its website on a continuous basis but will not be held liable for problems associated with the World Wide Web, such as over solicitations, jamming, electronic failures, telephone line interruption, etc. No refunds will be offered in the event of such problems.
8. CraftELady shall have the right to terminate this Agreement without liability to you if, in CraftELady or CraftELady's Craft & Garden Mall's sole determination, You have not complied with any of the terms and conditions within the Agreement. Either party may terminate this Agreement with 30 days prior written notice. CraftELady may, at its option, terminate this Agreement without notice if you breach your Agreement. In such a case, CraftELady may remove your web page from it's Internet site without refund.
9. You agree not to violate any copyright or trademark laws. Certain products require licenses to sell, such as Disney characters and products; Looney Toon characters and products; Olympic merchandise; photocopied pictures, well-known TV characters, etc. You must obtain these licenses or be in violation of trademark laws.
10. CraftELady and CraftELady's Craft & Garden Mall reserve the right to modify, amend and completely revoke, establish and change any guidelines as deemed necessary. You will be notified if such action is taken.
11. This Agreement is considered executed when either e-mailed, with required information or a printout of this page is submitted through the USPS. Time/date stamp on e-mail constitutes the Agreement date and acceptance.
Agreement Executed at:__________________ on this _____day of __________, 2002.
Company Name:______________________
By:_______________________
Title/Position:______________________