Term Conditions Page
TERMS AND CONDITIONS
Last updated: 2/10/2023
INSPOSHOPS, LLC
SITE TERMS AND CONDITIONS OF USE
1. USER'S
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
InspoShops (referred to as "us" or
"we") provides the www.InspoShops.com site, any and all mobile apps
created by InspoShops, and various related services (together referred to as our
"Services") subject to your compliance with all the terms,
conditions, and notices contained or referenced herein (the "Terms of
Use"), as well as any other written agreement between us (or your
company). Depending on your use of our
Service additional rules may also apply to you.
INSPOSHOPS IS MERELY A PLATFORM FOR BUYERS TO PURCHASE
PRODUCTS FROM INDEPENDENT SELLERS. INSPOSHOPS IS NOT A PART OF ANY SALES
TRANSACTION ON THIS SITE, DOES NOT CREATE, COLLECT PAYMENT FOR, SELL, OR OFFER
FOR SELL, ANY PRODUCTS LISTED ON OUR SITE, DOES NOT SHIP OR OFFER SHIPPING FOR
ANY PRODUCTS SOLD ON THIS SITE, NOR OVERSEES ANY BUYING OR SELLING ACTIVITIES
WHICH TAKES PLACE ON THIS SITE.
If you use our Service to list any item for sale, the
InspoShops SELLER Policy shall also apply to you, and you agree to be bound by
all such terms. The SELLER Policy can be found on our site and should be read
carefully by all Sellers. All such guidelines or rules are hereby incorporated
by reference into these Terms of Use.
If you use our Service to purchase, shop, or browse
products offered on our site, the InspoShops BUYER Policy shall also apply to
you, and you agree to be bound by all such terms. The BUYER Policy can be found
on our site and should be read carefully by all Buyers. All such guidelines or
rules are hereby incorporated by reference into these Terms of Use.
When using our site, Users shall be subject to any
posted guidelines or rules, in addition to these Terms of Use. All such
guidelines or rules are hereby incorporated by reference into these Terms of
Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING
THIS SITE, YOU ARE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH AND TO BE
BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE WHICH ARE
FOUND ON OUR SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE
EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY
PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS
SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES
EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of 1/14/2022. We
reserve the right to change these Terms of Use at any time. Such changes,
modifications, additions, or deletions shall be effective immediately. Notice
of such change may be given by means including, but not limited to issuing an
e-mail to the e-mail address listed by registered Users and posting the revised
terms on this page. You acknowledge and agree that it is your responsibility to
maintain a valid email address as a registered User. Your continued use of the
site will constitute your: (a) acknowledgment of the modified Terms of Use; and
(b) agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our
"Affiliates" include our owners, subsidiaries, officers, directors,
or employees. The term Affiliate DOES NOT include Sellers of products on
InspoShops, as they are not employed by, or agents of InspoShops.
2. DESCRIPTION
OF SERVICES
InspoShops is an online marketplace which provides a
platform for the buying and selling of handcrafted products by Users of the
site. InspoShops does not facilitate or sell, purchase any goods, take
possession of any goods, provide shipping services, or perform any other
activity for itself or on behalf of any User or third party utilizing this
site. Users that list and sell items through our Service ("Sellers")
and Users that purchase items through the Service ("Buyers") are
entirely responsible for the sale of goods (referred to herein as “products”)
transactions between them, including without limitation the listing of goods
and any applicable product warranties. Sellers and Buyers will collectively be
referred to herein as “Users” of the Service.
·
Fees for the
various services are set out in the membership and service fees described
elsewhere in this site.
·
EQUIPMENT. You are solely responsible for providing, at your own
expense, all equipment necessary to use the services, including a computer and
modem; and your own Internet access (including payment of telephone service
fees associated with such access).
·
SITE CHANGES. We reserve the sole right to either modify or
discontinue the site, including any features therein, at any time with or
without notice to you. We shall not be liable to you, or any third party should
we exercise such right. Modifications may include, but are not limited to,
changes in the pricing structure, the addition of fee-based services, or
changes to limitations on allowable file sizes. Any new features that augment
or enhance the then-current services on this site shall also be subject to
these Terms of Use.
·
DISRUPTIONS: You understand and agree that temporary interruptions
of the services available through this site may occur as normal events. You
further understand and agree that we have no control over third-party networks
you may access in the course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely beyond our control.
·
AS-IS: You understand and agree that the services available
on this site are provided "AS IS" and that we assume no
responsibility for the timeliness, deletion, mis-delivery, or failure to store
any User communications or personalization settings.
3. REGISTRATION
DATA AND PRIVACY
In order to access some of the services on this site,
you will require a separate account and password that can be obtained by
completing our online registration form, which requests certain information and
data ("Registration Data") and maintaining and updating your
Registration Data as required. By
registering, you agree that all information provided in the Registration Data
is true and accurate and that you will maintain and update this information as required
in order to keep it current, complete, and accurate.
All Users must be current residents of
the United States or Canada to register an account with InspoShops.
Minors under 18 and at least 13 years of
age are only permitted to use our Services through an account owned by a parent
or legal guardian with their appropriate permission and under their direct
supervision. Children under 13 years are not permitted to use InspoShops or the
Services. You are responsible for any and all account activity conducted by a
minor on your account, and there may be commercial products or services
available that you may want to consider limiting a minor's access to material
online.
You also grant us the right to disclose to third
parties certain Registration Data about you. The information we obtain through
your use of this site, including your Registration Data, is subject to our
Privacy Policy, which is specifically incorporated by reference into these
Terms of Use.
Sellers on
InspoShops may also process Buyers’ Registration Data and personal information
in connection with sales (ex. Buyer name, email address, and shipping address).
InspoShops and Buyers are therefore considered separate and independent data
controllers of Buyers’ personal information under European Union law. This
means that each InspoShops and Sellers are independently responsible for the
Registration Data and personal information it processes. Sellers are therefore
responsible for their own negligent, improper, or other actions regarding the
use of Buyers’ Registration Data and personal information. InspoShops shall
have no liability to Buyers for Sellers’ processing of Buyers’ Registration
Data and personal information.
If,
however, InspoShops and Sellers are found to be joint data controllers of
Buyers’ personal information, and if InspoShops is sued, fined, or otherwise
incurs expenses because of something that Sellers did as a joint data
controller of Buyer personal information, Sellers agree to indemnify InspoShops
for the expenses it occurs in connection with the processing of Buyer personal
information.
4. PAYMENT
OF FEES
4.01 Subscription Fee. The Client, in consideration of the
Services, will pay the Provider a monthly subscription fee of as provided on
the Site upon registration (the “Subscription Fee”). You agree to pay all Subscription Fees associated
with such Service. For all charges for Services on this site, we will bill the
credit card you provide to us upon registering, or as may be updated by you
from time to time. You agree to provide us with accurate and complete billing information,
including valid credit card information, your name, address, and telephone
number, and to provide us with any changes in such information within thirty
(30) days of the change.
4.02 Billing Authorization.
You hereby authorize InspoShops to automatically deduct payments from your
credit card, using the credit card processors of our choice, which we reserve
the right to change from time to time. Recurring charges for the Subscription fee are billed in advance of the
services. By providing permission
for recurring payments, you will be charged on or around the same time each
month, either on the 1st or 15th (“Billing Date”).
You agree that no prior-notification will be provided. The recurring charges will end on the
15th day from termination of User account, for any reason (“Billing
Cancellation Date”). You will be
billed on your Billing Date if it occurs prior to your Billing Cancellation
Date. (Example: User terminates User
account on January 29; thus the Billing Cancellation Date would be February
13. The User’s recurring Billing Date is
February 1. The User will still be
charged on February 1, because the Billing Date occurs prior to the Billing
Cancellation Date.) You agree that until your subscription to the
service is terminated, you will continue to accrue charges for which you remain
responsible, even if you do not use the service. In the event legal action is
necessary to collect on balances due, you agree to reimburse us for all
expenses incurred to recover sums due, including attorney fees and other legal
expenses.
4.03 Changes to Fees.
We reserve the right to increase or decrease the Subscription Fees from
time to time, in our sole discretion, or add new fees for services that were
previously free to the Client or are new services to the Client. We will
provide written notice of such changes to you, upon any such change. The Change is effective upon email notice,
regardless of your acknowledgment, acceptance, review of, or receipt of such
notice.
4.04 No Refunds. The Subscription Fee is nonrefundable
4.05 Declined or failed payments.
a. Billing Attempts. If your payment is
declined on your Billing Date, a second attempt to charge the card plus all
costs will occur 24 hours later. If the second billing attempt is declined, a
third and final attempt to charge the card plus all costs will occur 24 hours
later. If the third billing attempt is declined, the membership and access to
the Website will be suspended. These
attempts do not modify the User’s Billing Date. Users agree that if your
account and all costs remain unpaid for 15 days, we will terminate your account.
b. Assessed Penalties for
Billing Attempts. Inaddition to the Fees
contemplated in Section 4.1 above, Users shall fully compensate InspoShops for
any unsuccessful billing attempt provided in Section 4.5(a) above. Users agree that all costs incurred by
InspoShops as a result of unsuccessful billing attempts will be charged to the
client and included in any subsequent charges authorized under Section 4.2
above. User hereby authorizes InspoShops to include the following fees with any
second or third billing attempt, and that the following penalties shall apply:
Insufficient
Funds Fee: 5%
of Subscription Fee
E-Commerce
Transaction Fee: 2.9%
of Subscription Fee + $0.30 for each transaction
c. Account Termination. If, for any reason under this
section, your User account is suspended or terminated, to reinstate the
account, you agree that you will be required to pay all assessed penalties and
costs as defined in this section.
d. No liability. INSPOSHOPS HAS NO DUTY
TO CONTACT USER TO ACQUIRE UPDATED BILLING INFORMATION OR INQUIRE ABOUT BILLING
MATTERS.
USER AGREES THAT IT IS THEIR SOLE OBLIGATION TO MAINTAIN UPDATED PAYMENT
INFORMATION ON OUR SITE, AND FURTHER AGREES TO WAIVE ALL CLAIMS AGAINST
INSPOSHOPS FOR MULTIPLE ATTEMPTS TO PROCESS PAYMENT AS PROVIDED IN THIS
SECTION.
4.06 No
liability for delays in payment processing. As discussed, we use third-party payment
processors to bill you for our Service.
We therefore have no control over the date that the payment processor
deducts funds from your account. You
hereby agree that we shall have no liability for any delays in processing or
any consequence of the delayed processing.
4.07
Disputes or Chargebacks: A chargeback occurs when a cardholder questions
payment with their card issuer, which after a formal dispute, may immediately
reverse the payment. Users understand that as provided in Section 4.4 above,
InspoShops does not refund for any Subscription Fees. USERS AGREE THAT IT SHALL NOT BE ENTITLED TO
A REFUND OF ANY SUBSCRIPTION FEE, UNDER ANY CIRCUMSTANCES. THE USER HEREBY WAIVES THE RIGHT TO
CHARGE BACK FOR ANY REASON. In the event
that User seeks a Charge Back, and is granted such for any Subscription Fee
herein, User agrees to pay InspoShops a $15 chargeback fee, which the User hereby
authorizes InspoShops to deduct from User’s account or credit card on file.
5. Conduct
on Site
Your use of the site is subject to all applicable laws
and regulations, and you are solely responsible for the contents of your
communications through the site. By posting information in or otherwise using
any communications service, chat room, message board, or other interactive
service that may be available to you on or through this site, you agree that
you will not upload, share, post, or otherwise distribute or facilitate
distribution of any content -- including text, communications, software, images,
sounds, data, or other information -- that:
(a) Is
unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, contains explicit or
graphic descriptions or accounts of sexual acts (including but not limited to
sexual language of a violent or threatening nature directed at another
individual or group of individuals), or otherwise violates our rules or
policies;
(b) Victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
(c) Infringes
on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
(d) Constitutes
unauthorized or unsolicited advertising, junk, or bulk e-mail (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
(e) Contains
software viruses or any other computer code, files, or programs that are
designed or intended to disrupt, damage, or limit the functioning of any
software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party;
(f) Impersonates
any person or entity, including any of our employees or representatives;
(g) Is false and misleading or uses the Services in a manner
that is fraudulent or deceptive; or
(h) Promotes any other brand, company, product, or enterprise on
the site or Services.
Content available through this site often represents
the opinions and judgments of an information provider, site User, Seller,
Buyer, or other person or entity not an agent of InspoShops. We neither
endorse, are responsible for, nor assume any liability for the accuracy,
reliability, or accuracy of any material uploaded or submitted by any Users of
the site. We do not pre-screen, monitor, or edit the content posted by Users of
communications services, chat rooms, message boards, newsgroups, software libraries,
or other interactive services that may be available on or through this site.
However, we and our agents have the right at their sole discretion to remove
any content that, in our judgment, does not comply with these Terms of Use and
any other rules of User conduct for our site, or is otherwise harmful,
objectionable, or inaccurate. We are not responsible for any failure or delay
in removing such content. You hereby consent to such removal and waive any
claim against us arising out of such removal of content. See "User
Materials" below for a description of the procedures to be followed in the
event that any party believes that content posted on this site infringes on any
patent, trademark, trade secret, copyright, right of publicity, or other proprietary
right of any party.
You may not use your account to breach the security of
another account or attempt to gain unauthorized access to another network or
server. Not all areas of the site may be available to you or other authorized
Users of the site. You shall not interfere with anyone else's use and enjoyment
of the site or other similar services. Users who violate systems or network
security may incur criminal or civil liability.
You agree that we may at any time, and at our sole
discretion, terminate your membership without prior notice to you for violating
any of the above provisions. In addition, you acknowledge that we will
cooperate fully with investigations of violations of systems or network
security at other sites, including cooperating with law enforcement authorities
in investigating suspected criminal violations.
6. THIRD
PARTY SITES AND INFORMATION
This site may link you to other sites on the Internet
or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information
or material that some people may find inappropriate or offensive. These other
sites and parties are not under our control, and you acknowledge that we are
not responsible for the
accuracy, copyright compliance, legality, decency, or any other aspect of the
content of such sites, nor are we responsible for errors or omissions in any
references to other parties or their products and services. The inclusion of
such a link or reference is provided merely as a convenience and does not imply
endorsement of, or association with, the site or party by us, or any warranty
of any kind, either express or implied.
7. INTELLECTUAL
PROPERTY INFORMATION
You retain your rights to any content
you submit, post, or display on or through the site.
For purposes of these Terms of Use,
"content" is defined as any information, communications, software,
photos, video, graphics, music, sounds, and other material and services that
can be viewed by Users on our site. This includes, but is in no way limited to,
message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and
agree that all content presented to you on this site is protected by
copyrights, trademarks, service marks, patents, or other proprietary rights and
laws, and is the sole property of InspoShops and/or its Affiliates. You are
only permitted to use the content as expressly authorized by us or the specific
content provider. Except for a single copy made for personal use only, you may
not copy, reproduce, modify, republish, upload, post, transmit, distribute, crawl,
crape spider, reverse engineer, or attempt to obtain the source code or
distribute any documents, information or
any pages from this site in any form or by any means without prior written
permission from us or the specific content provider, and you are solely
responsible for obtaining permission before reusing any copyrighted material
that is available on this site. Any
unauthorized use of the materials appearing on this site may violate copyright,
trademark, and other applicable laws and could result in criminal or civil.
Neither we or our Affiliates warrant or represent that
your use of materials displayed on, or obtained through, this site will not
infringe the rights of third parties. See "User Materials" below for
a description of the procedures to be followed in the event that any party
believes that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of any
party.
InspoShops
is the trademark and service mark of InspoShops, LLC. All custom graphics,
icons, logos, and service names are trademarks, trademarks, or service marks of
InspoShops or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms of Use grants you
any right to use any trademark, service mark, logo, and/or the name of
InspoShops or its Affiliates.
The site is protected by copyright, trademark, and other laws. These Terms do
not grant you any right, title, or interest in the site, other Users’ content,
or any of our trademarks, logos, or other brand features.
So long as you comply with
these Terms, we give you a limited, personal, non-exclusive, non-transferable,
non-assignable, revocable license to access and use our site and Services. We
may stop providing the Services or any of its features within our sole
discretion. We also retain the right to create limits on use and storage and
may remove or limit content distribution on the Services.
8. USER'S
MATERIALS/CONTENT
Subject to our Privacy Policy, any communication or
material that you transmit to this site or to us, whether by electronic mail,
posting, listing, or other means, for any reason, will be treated as
non-confidential and non-proprietary. While you retain all rights in such
communications or material, you grant us and our designated licensees a
non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such
material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used. You understand that you are solely responsible for Your
Content. You represent that you have all necessary rights to Your Content and
that you are not infringing or violating any third party’s rights by posting
it. You agree not to assert any moral rights or rights of publicity against us
for using Your Content.
Please do not submit confidential or proprietary
information to us unless we have mutually agreed in writing otherwise. We are
also unable to accept your unsolicited ideas or proposals, so please do not
submit them to us in any circumstance.
We respect the intellectual property of others, and we
ask you to do the same. If you or any User of this site believes its copyright,
trademark, or other property rights have been infringed by a posting, Seller
store, or product listing on this site, you should send notification to our
Designated Agent (as identified below) immediately. To be effective, the
notification must include:
(a) A
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed
(b) Identification
of the infringing material;
(c) Information
reasonably sufficient to permit us to contact the complaining party, such as
address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted;
(d) Identification
of the material that is claimed to be infringing or to be subject to infringing
activity and that is to be removed and information reasonably sufficient to
permit us to locate the materials;
(e) A
statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
agent, or the law; and
(f) A
statement that the information in the notification is accurate and, under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17
U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright
infringement can be reached as indicated below. Service of repeat infringers of
copyright or of Users about whom repeat claims of copyright infringement are
received will be terminated.
Designated Agent for Claimed Infringement:
Designated Agent for InspoShops, LLC
Info@InspoShops.com
You acknowledge and agree that upon receipt of a
notice of a claim of copyright or other intellectual property rights
infringement, we may, in our sole discretion, choose to immediately remove the
identified materials from our site without liability to you or any other party
and that the claims of the complaining party and the party that originally
posted the materials will be referred to the United States Copyright Office for
adjudication as provided in the Digital Millennium Copyright Act, or other
governmental or administrative body.
9. DISCLAIMER
OF WARRANTIES
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTIES OF NON-INFRINGEMENT, OR TITLE. WITHOUT LIMITING THE FOREGOING, WE
MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS OFFERED BY INSPOSHOPS WILL
MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS OFFERED BY INSPOSHOPS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF OUR SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS (d) OUR
SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS OR (e) THE
QUALITY OF ANY SERVICES, OR INFORMATION PROVIDED BY INSPOSHOPS OR OBTAINED BY
YOU FROM INSPOSHOPS WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES,
AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT
OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SITE.
THE USE OF THE SERVICES, THE DOWNLOADING, OR OTHER
ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES.
INSPOSHOPS DOES NOT WARRANT PRODUCTS SOLD ON OUR SITE
THROUGH YOUR USE OF OUR SITE, YOU WILL HAVE
OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND
VENDORS. YOU UNDERSTAND THAT INSPOSHOPS DOES NOT
MANUFACTURE, STORE, OR INSPECT ANY OF THE ITEMS SOLD THROUGH OUR SERVICES.
INSPOSHOPS ONLY PROVIDES THE SITE, HOWEVER THE ITEMS IN AND ON OUR MARKETPLACE
ARE PRODUCED, LISTED, AND SOLD DIRECTLY BY INDEPENDENT SELLERS, WHO ARE NOT
EMPLOYEES, AGENTS, CONTRACTORS, OR PERSONNEL OF INSPOSHOPS. THEREFORE,
INSPOSHOPS DOES NOT AND CANNOT MAKE ANY WARRANTIES ABOUT THE QUALITY, VALUE,
CONDITION, SAFETY, AUTHENTICITY, QUANTITY, SIZES, PACKAGING, DELIVERY METHOD,
DELIVERY TIME, SPECIFICATIONS, OR EVEN THE LEGALITY OF THE PRODUCTS OFFERED OR
SOLD BY SELLERS ON OUR SITE. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS
RELATING TO ANY MERCHANDISE OR PRODUCT OFFERED BY ANY PARTY USING THIS SITE,
INCLUDING BUT NOT LIMITED TO THE PURCHASE TERMS, PAYMENT TERMS, WARRANTIES,
GUARANTEES, MAINTENANCE, AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE
AGREED SOLELY BETWEEN THE BUYER AND SELLER. INSPOSHOPS WILL HAVE NO
INVOLVEMENT, NOR OBLIGATION TO BECOME INVOLVED IN, ASSIST WITH, OR PROVIDE
RELIEF RELATED TO ANY SALES TRANSACTION MADE BETWEEN SELLERS AND BUYERS. USERS
OF THIS SITE AGREE THAT UNDER NO CONDITION WILL INSPOSHOPS SEEK TO OBTAIN OR
PROVIDE RELIEF FOR, OR ON BEHALF OF ANY BUYER OR SELLER, NOR ASSUME LIABILITY
FOR ANY RELATED TRANSACTION DISPUTES, CLAIMS, OR ACTIONS.
WE MAKE NO WARRANTY, NOR ASSUME ANY LIABILITY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE,
AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A SELLER,
BUYER, OR THIRD PARTY IS PROVIDED SOLELY BY THAT PARTY, AND NOT BY INSPOSHOPS.
INSPOSHOPS, FROM TIME TO TIME, MAY PERMIT OR DISPLAY
PRODUCT LISTINGS, FEATURED PRODUCT SLOTS, AND BANNER ADS OF SELLERS ON THE
SITE. THESE FEATURES AND LISTINGS DO NOT CONSTITUTE AN ENDORSEMENT OF THE
PRODUCT OR SERVICE LISTED, NOR IS IT A WARRANTY WITH RESPECT TO THE GOOD OR
SERVICE OFFERED BY THE SELLER.
UNDER NO CIRCUMSTANCES WILL INSPOSHOPS OR ITS
AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY YOUR RELIANCE ON
INFORMATION, MATERIALS, OR ADVICE FROM ANY PRODUCTS OR USER OBTAINED THROUGH
THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATION
OF LIABILITY
IN NO EVENT SHALL INSPOSHOPS, OUR EMPLOYEES OR
DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA, GOODWILL, PROFITS, OR ANY OTHER INTANGIBLE LOSS WHETHER OR NOT YOU HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS
SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, YOUR INABILITY
TO ACCESS OR USE OUR SITE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE
THROUGH THE SERVICE. IN NO EVENT SHALL INSPOSHOPS’
AGGREGATE LIABILITY FOR ANY DAMAGES SOUGHT PURSUANT TO THIS AGREEMENT EXCEED
THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID
INSPOSHOPS IN THE PAST TWELVE MONTHS.
IN NO EVENT SHALL INSPOSHOPS BE LIABLE
FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT
TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF INSPOSHOPS OR OTHERWISE,
OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS
OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY."
THE TERMS IN THIS SECTION ARE ESSENTIAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS ARE
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
USER
DISPUTES: LIMITATION OF LIABILITY
OUR SERVICES ALLOWS USERS TO INTERACT
WITH OTHER USERS. INSPOSHOPS DOES NOT, NOR DO WE AGREE TO SCREEN USERS OF OUR
SERVICES, PRODUCTS LISTED, STORE POLICIES, OR ANY MATERIAL POSTED ON THIS SITE
BY ANY USER. YOU AGREE TO RELEASE INSPOSHOPS FROM ALL LIABILITY RELATING TO
YOUR INTERACTIONS WITH OTHER USERS ON OUR SITE TO THE BROADEST EXTENT
PERMITTED BY APPLICABLE LAW.
IF THERE IS A DISPUTE BETWEEN USERS, OR
BETWEEN A USER AND A THIRD PARTY WITH REGARD TO THE SERVICE, THE MATTER SHALL
BE RESOLVED BY SUCH USERS AT THEIR OWN COST. IF YOU HAVE A DISPUTE WITH ONE OR
MORE USERS, YOU RELEASE INSPOSHOPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS, AFFILIATES, SUBSIDIARIES, AND AGENTS FROM CLAIMS, DEMANDS, AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY."
THE TERMS IN THIS SECTION ARE ESSENTIAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS ARE
SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE
LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify,
and hold InspoShops, its employees, and directors harmless from all liabilities,
claims, and expenses, including attorney's fees, which arise from your use or
misuse of this site, breach of these Terms, or infringement of any party’s
rights. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with us in asserting any available defenses.
12. PARTICIPATION
IN PROMOTIONS
From time to time, this site may include
advertisements offered by third parties. You may enter into correspondence with
or participate in promotions of the advertisers showing their products on this
site. Any such correspondence or
promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties, or representations associated with
such correspondence or promotions, are solely between you and the advertiser. We
assume no liability, obligation, or responsibility for any part of any such
correspondence or promotion.
InspoShops makes no warranties regarding
any gift cards or other promotions offered by any User on this Site. If InspoShops offers a Gift Card, and such is
defective, or not functioning properly, your only remedy is for us to issue you
a replacement Gift Card code. By participating in an exclusive offer or
promotion, you agree that you may not later claim that the rules of that
exclusive offer or promotion were ambiguous.
13. E-MAIL
SERVICES
We may make e-mail services available to Users of our
site, either directly or through a third-party provider.
We will not inspect or disclose the contents of
private e-mail messages except with the consent of the sender or the recipient,
or in the narrowly defined situations provided under the Electronic
Communications Privacy Act, or as other required by law or by court or
governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or
techniques to protect our Users from mass unsolicited mailings (also known as
"spam") and/or other types of electronic communications that we deem
inconsistent with our business purposes. However, such devices or techniques
are not perfect, and we will not be responsible for any legitimate
communication that is blocked, or for any unsolicited communication that is not
blocked. Mailboxes may have a limited storage capacity. If you exceed the
maximum permitted storage space, we may employ automated devices that delete or
block e-mail messages that exceed the limit. We will not be responsible for
such deleted or blocked messages.
14. USE OF
SITE AND STORAGE OF MATERIAL
You acknowledge that we may establish general
practices and limits concerning use of the services available on our site,
including without limitation the maximum number of days that uploaded content
will be retained on the site, the maximum disk space that will be allotted, or
our servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the services in a given period of time. You agree that we have no responsibility or
liability for the deletion or failure to store any content maintained or
transmitted on or through this site. You acknowledge that we reserve the right
to log off accounts which have not paid a subscription fee that are inactive
for an extended period of time. You further acknowledge that we reserve the
right to change these general practices and limits at any time, in our sole
discretion, with or without notice.
We provide storage space and access for material
through our site. For purposes of these Terms of Use, "material"
refers to all forms of communication that we may allow, including narrative
descriptions, graphics (including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and audio recordings. You may
not use this site to publish material that we determine, at our sole
discretion, to be unlawful, indecent, or objectionable, or which violates the
restrictions described in "Your Conduct on the Site" above. We will
not routinely monitor the contents of your online portfolio. You are solely
responsible for any information contained in your online portfolios. However,
if complaints are received regarding language, content, or graphics contained
in your online portfolio, we may, at our sole discretion, remove the images
hosted on our servers and terminate your Web hosting service. We may also
suspend the account, restrict access to it, or remove content from it if
necessary or appropriate.
The accounts of our Users operate on shared resources.
Excessive use or abuse of these shared network resources by one User may have a
negative impact on all other Users. Misuse of network resources in a manner
that impairs network performance, including excessive consumption of CPU time,
memory, disk space, and session time, is prohibited and may result in
termination of your account or limitation of your activities.
This site is not designed or intended to be used as a
disaster recovery facility or as an emergency data storage facility. Although
we take reasonable precautions to preserve and protect the material you upload
to the site, you should not rely on the site as your only storage facility. You
should preserve backup copies of any digital data, information, or other
materials that you have uploaded. You agree not to hold us for any damage to,
any deletion of, or any failure to store your files, data, or Registration Data.
15. SECURITY
AND PASSWORD
You are solely responsible for maintaining the
confidentiality of your password and account, for any and all statements made,
and acts or omissions that occur through the use of your password and account,
including any mail sent and any charges incurred. Therefore, you must take steps to ensure that
others do not gain access to your password and account. Our personnel will
never ask you for your password. You may not transfer or share your account
with anyone, and we reserve the right to immediately terminate your account in
the event of any unauthorized transfer or sharing thereof.
16. EXPORT
CONTROLS
Software available on or through this site is subject
to United States Export Controls. No software from this site may be downloaded
or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country which the United States has embargoed goods;
or (b) anyone on the United States Treasury Department's list of Specially
Designated Nationals or the United States Commerce Department's Table of Deny
Orders. By downloading or using the software, you represent and warrant that
you are not located in, under the control of, or a national or resident of any
such country or on any such list.
17. INTERNATIONAL
USE
Although this site may be accessible worldwide, we
make no representation that materials on this site are appropriate or available
for use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Those who choose to
access this site from other locations do so on their own initiative and are
responsible for compliance with local laws. Any offer for any product, service,
and/or information made in connection with this site is void where prohibited.
18. INTERACTION
WITH USERS ON OUR SITE
Before purchasing or offering for sale any products on
or through this site, review all Terms, posted policies, store rules as
provided on Seller accounts, and point of purchase. All issues, disputes, or
claims between Buyers and Sellers are to be resolved exclusively between those
parties. InspoShops will not, nor shall have the obligation to intervene, or
seek to resolve a dispute related to a transaction
on our websites or mobile apps. Under no condition will InspoShops receive or
permit an exchange of goods or services for any party or User of this Service.
ALL USERS OF OUR SITE AND SERVICE AGREE TO RELEASE INSPOSHOPS FROM ANY CLAIMS,
DEMANDS, AND DAMAGES ARISING OUT OF DISPUTES WITH OTHER USERS OR PARTIES OF OUR
SERVICE. ALL USERS OF OUR SITE AND SERVICE FURTHER AGREE TO INDEMNIFY
AND HOLD HARMLESS INSPOSHOPS FROM ANY AND ALL DISPUTES WITH OTHER USERS OF
PARTIES OF OUR SERVICE, OR ISSUES.
ALL USERS ARE URGED AND WARNED TO BE
CAREFUL AND EXERCISE CAUTION IN ALL INTERACTIONS WITH OTHER USERS.
19. TERMINATION
OF USE
Users may terminate Services at any time by deleting
the User account, subject to the Section 4 (Payment of Fees) of this Agreement.
You agree that we may, in our sole discretion,
terminate or suspend your access to all or part of the site, your account, and
all accounts associated with, or believed to be associated with you, with or
without notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may
be grounds for terminating your relationship and may be referred to appropriate
law enforcement authorities.
Upon termination or suspension, regardless of the
reasons therefore, your right to use the services available on this site
immediately ceases, and you acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in your
account and/or bar any further access to such files or this site. We shall not
be liable to you or any third party for any claims or damages arising out of
any termination or suspension, or any other actions taken by us in connection therewith,
including but not limited to, impact to your income
or your ability to generate revenue through the Services. Sections 1, 3,
5-11, 14, and 19-21 of these Terms of Use, as well as your liability for any
unpaid fees, shall survive any termination. In the
event we terminate your access to our site, Services, or your account, you do
not have a contractual or legal right to continue to use our Services and
hereby waive all legal claims for such termination and resulting damage or
cause of action.
20. LEGAL
DISPUTES
20.01 Governing Law
This site (excluding any linked sites) is controlled
by us from our offices within the State of Florida, United States of America.
It can be accessed from all 50 states, as well as from other countries around
the world. As each of these places has laws that may differ from those of
Florida, by accessing this site all Users agree that the statutes and laws of
the State of Florida, without regard to the conflicts of laws principles
thereof and the United Nations Convention on the International Sales of Goods,
will apply to all matters relating to the use of this site and the purchase of
products and services available through this site.
20.02 Binding Arbitration
InspoShops
reserves the right to, in its sole discretion, seek recourse against any User
of this site either in a court of law or by binding Arbitration. In the event
that InspoShops commences an action, dispute, or claim before a court of law,
parties agree and hereby submits to the exclusive personal jurisdiction and
venue of the Superior Court of St. John’s County and the United States District
Court for Florida with respect to such matters.
Users agree that
any and all disputes or claims that User may seek against InspoShops, relating
in any way to or arising out of these Terms, your use of or access to the
Service, any goods sold, offered, or purchased through the Service, any
payments processed for goods sold, offered or purchased through the Service, or
any other matter, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, rather than through other legal proceedings in court. You agree
that the Federal Arbitration Act governs the interpretation and enforcement of
this Article. All arbitration will be conducted by the American Arbitration
Association ("AAA") under its rules and procedures, including the
AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable).
The AAA’s rules are available at http://www.adr.org. A form for initiating
arbitration proceedings is available on the AAA’s site at http://www.adr.org.
In addition to filing this form with the AAA in accordance with its rules and
procedures, you must also send a copy of the completed form to InspoShops at
the address provided in Section 21 of this Agreement, in order to initiate
arbitration proceedings.
If arbitration is
commenced, the assigned independent arbitrator, and not any federal, state, or
local court or agency, shall have exclusive authority to resolve disputes
arising out of or relating to these Terms or Services. The arbitrator will decide
the substance of all claims brought before it in accordance with the laws of
the State of Florida, including recognized principles of equity, and will honor
all claims of privilege recognized by law. The arbitrator shall not be bound by
rulings in prior arbitrations involving different Users but is bound by rulings
in prior arbitrations involving the same InspoShops User to the extent required
by applicable law or regulation. The arbitrator’s award shall be final and
binding and judgment on the award rendered by the arbitrator may be entered in
any court having jurisdiction thereof.
With the
exception of any of the provisions in these Terms, or if an arbitrator or court
decides that any part of this policy is invalid or unenforceable, the other
parts of this Policy shall still apply. If an arbitrator or court decides that
any of the provisions in this Policy ("Prohibition of Class and
Representative Actions and Non-Individualized Relief") is invalid or
unenforceable, then the entirety of this section shall be null and void.
Payment of all
filing, administration, and arbitrator fees will be governed by the AAA’s rules.
20.03 Prohibition
of Non-Individualized Relief
You
agree that you may bring claims against InspoShops only on an individual basis
and not as a plaintiff or class member in any purported class or representative
action or proceeding. Unless both you and InspoShops agree otherwise, the
arbitrator may not consolidate or join more than one person’s or party’s claims
and may not otherwise preside over any form of a consolidated, representative,
or class proceeding. Any relief awarded cannot affect other Users.
21. Notices
All notices to a party shall be in writing and shall
be made either via e-mail or conventional mail. Notices to us must be sent to
the attention of Customer Service at info@InspoShops.com, if by email, or at
InspoShops, 2800 N 6th Street, #743, Saint Augustine, FL 32084 conventional
mail. Notices to you may be sent either to the e-mail address supplied for your
account or to the address supplied by you as part of your Registration Data. In
addition, we may broadcast notices or messages through the site to inform you
of changes to the site or other matters of importance, and such broadcasts
shall constitute notice to you. Any notices or communication under these Terms
of Use will be deemed delivered to the party receiving such communication (a)
on the delivery date if delivered personally to the party; (b) two business
days after deposit with a commercial overnight carrier, with written
verification of receipt; (c) five business days after the mailing date, if sent
by US mail, return receipt requested; (d) on the delivery date if transmitted
by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed
e-mail.
22. Entire
Agreement
These terms and conditions constitute the entire
agreement and understanding between us concerning the subject matter hereof and
supersedes all prior agreements and understandings of the parties with respect
thereto. These Terms of Use may NOT be altered, supplemented, or amended by the
use of any other document(s) by the User.
Any attempt to alter, supplement, or amend this document or to enter an
order for products or services which are subject to additional or altered terms
and conditions shall be null and void unless otherwise agreed to in a written
agreement signed by you and us. To the extent that anything in or associated
with this site is in conflict or inconsistent with these Terms of Use, these
Terms of Use shall take precedence.
23. Miscellaneous
In any action to enforce these Terms of Use, the
prevailing party will be entitled to costs and attorneys' fees. Any cause of
action brought by you against us, or our Affiliates must be instituted within one
year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under
these Terms of Use to any third party, and any purported attempt to do so shall
be null and void. We may freely assign our
rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate,
copy, or use for any commercial purposes any portion of this site, or use of or
access to this site.
In addition to any excuse provided by applicable law,
we shall be excused from liability for non-delivery or delay in delivery of
services available through our site arising from any event beyond our
reasonable control, whether or not foreseeable by either party, including but
not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other
causes or events beyond our reasonable control, whether or not similar to those
which are enumerated above.
If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision
of these Terms of Use or related rights shall not constitute a waiver of that
right or provision.
24. In-Person transactions for the exchange of good and/or services.
Safety and Responsibility
InspoShops LLC prioritizes the safety and security of its users. Users are responsible for ensuring their own safety during in-person transactions and exchanges of goods or services. It is recommended to meet in public, well-lit areas and to bring a friend or family member if possible to enhance personal safety.
Release of Liability
By engaging in in-person transactions with other users through InspoShops LLC, users release InspoShops LLC from any liability related to the transactions, including but not limited to the quality of goods or services exchanged, any disputes, or injuries incurred during the transaction.
InspoShops LLC shall not be held liable or responsible for any issues, disputes, damages, or losses arising from in-person meetings or transactions between users for the exchange of goods or services for currency.
Compliance with Local Laws
Users must comply with all local laws and regulations when engaging in in-person transactions. InspoShops LLC is not responsible for ensuring user compliance with local laws and regulations and advises users to familiarize themselves with the legal requirements in their respective areas.
Reporting Suspicious Activity
Users are encouraged to report any suspicious activity, fraudulent behavior, or scams related to in-person transactions to InspoShops LLC for further investigation and action.
Acknowledgment of Terms
By engaging in in-person transactions through InspoShops LLC, users acknowledge and accept these terms and conditions, understanding their responsibilities and the release of liability for InspoShops LLC.
25. Contact Information
Except as explicitly noted on this site, the services
available through this site are offered by InspoShops, a Florida limited
liability company, located at InspoShops, 2800 N 6th Street, #743, Saint
Augustine, FL 32084.
INSPOSHOPS SELLER POLICY
This policy is a part of our Terms of Use.
By opening and maintaining an InspoShops store for the purpose of
selling, offering for sale, or listing handmade products on our site, you are
agreeing to this Policy and our Terms of Use, and consistent with our Terms of
Use, are deemed a “Seller” on our Site. All Sellers are expected to adhere to
the following policies when listing products on InspoShops:
1.
What can you Sell
using our Site?
InspoShops is an online
marketplace which permits merchants and vendors to sell their handcrafted
products. All handcrafted items sold on our marketplace must be made or
designed by you, with or without production assistance. You warrant that by
listing your product on our site, that it is handmade, that you have the right
to use, sell, or otherwise exploit the product, and that you are the exclusive
owner of such product.
InspoShops reserves the
right, in our sole discretion, AT ANY TIME AND FOR ANY REASON, without recourse
by you, to suspend or terminate your account, or remove a listing, that is, or
that we believe is, in violation of this section, or Policy. In such an event,
listing fees are non-refundable, and you will be obligated to pay any
outstanding fees owed to InspoShops.
You further agree to
Indemnify InspoShops, as provided for in our Term of Use Indemnification
clause, to hold us harmless from any asserted or threatened claims by any
parties, including other Users of our Services/site as a result of your
business activities on our Site, product listings, or breach of any provision
of this policy.
2.
Store Management
Guidelines
Sellers of InspoShops will be permitted to create an
InspoShops store on our Site, which must be managed and maintained with care,
honesty, and professionally. This policy requires that Sellers act fairly and
honestly on InspoShops to ensure a safe and reliable buying and selling
experience. All Sellers must adhere to the following management guidelines:
A. Provide true and accurate information to InspoShops, our customers, and Buyers
at all times, and update all information regarding products and your store as
they change. As a Seller on this site,
we expect that you never provide
misleading or inappropriate information about your products, its features, your
store, its purpose, or any other information on this Site.
B. Post and Honor all your shop
policies. As an InspoShops Seller, you are an
independent Seller, who must run and manage your shop, and set expectations of
Buyers. You agree to never convey, imply, or allude to being an agent,
personnel, or employee of InspoShops. It is important that you are very clear
about your store’s policy and post them all in a conspicuous location on your
store’s page. Individual policies will vary from store to store, however, your
policy must address, at a minimum, the following topics:
i.
Order Cancellation Policy. Your store policy must identify how and
if Buyers may cancel their order, and the procedure for requesting a cancellation.
ii.
Payment methods. Sellers are required to utilize
third-party payment processors designated by InspoShops to accept payment from
Buyers. InspoShops only permits the use of the following payment processors to
accept payment on our Site: PayPal, Stripe, or Square. Sellers may
choose to use any combination of the noted payment processors but may not
utilize any other payment processor. All Sellers must clearly and prominently
state on their store’s page which payment methods are accepted. InspoShops may
change the required third-party processors from time to time. Sellers are
strictly prohibited from accepting any other form of payment, including but not
limited to in-kind gifts, digital currency, and exchange of stocks.
iii.
Return Policy. All InspoShops stores must clearly and
prominently state its return policy. At a minimum, your return policy should
include 1) if returns are permitted; 2) return conditions; 3) who pays for the
cost of return shipping; and 4) if exchanges are permitted.
iv.
Refund Policy. All InspoShops stores must clearly
and prominently state on its store’s page its refund policy. At a minimum, your
return policy must include 1) if refunds are permitted; 2) specify conditions
required for a refund; and 3) if a refund is granted, the method of payment the
refund will be issued (ex. Cash, check, money order, payment processor refund).
v.
Shipping Procedure and processing times. Shipping times
may vary from product to product. If you do not have a uniform shipping
procedure, be sure to include estimated shipping information for each product
listed in your store.
vi.
Product Warranty. Your store’s policy must clearly
and prominently state whether or not a product warranty is offered for products
purchased from your store, and any applicable warranty details.
vii.
Privacy Policy. Each store should contain a
privacy policy which advises how and why you will share Buyers’ information.
viii.
Seller Contact Information. As provided in
the Terms of Use, InspoShops will not serve as an intermediary between you and
Buyers, for any reason. It is therefore important that Buyers have a direct
means of contacting you regarding their purchase. Each Seller must provide on
their store’s page, and the point of purchase, their valid Phone number, email
address, and physical address.
ix.
Dispute Resolution Procedure. Each Seller must
Identify how clients should address product concerns or issues with your store.
C. Listing Standards. InspoShops strives to make all Users’
experience on our site as positive and trouble-free as possible. In
order to assure this, InspoShops requires that each Seller follow these minimum
standards when listing items on our site. 1)Make sure that your items are an accurate description of the
product being listed and sold; 2) Ship orders in accordance with the stated
shipping description of the item; 3) Work with Buyer on all shipping and
product issues 4) Where possible, provide shipping which has a tracking number;
5) Remain professional with all customers and InspoShops representatives; and
6) Regularly and Promptly respond to Messages from your Buyers.
D. Engage in Fair Business Practices. InspoShops requires that each Seller
engage in Fair Business practices, thereby each Seller must refrain from the
following activities in managing its store and using our Service:
i.
Manipulating
sales rank or statistics
ii.
Attempting
to increase the price of a product after an order is confirmed
iii.
Attempting
to damage another Seller, their listings, or ratings
iv.
Artificially
inflating web traffic
v.
Attempting
to influence search results by inflating search ranking through keyword
manipulation or incentivizing customers’ searches to appear as organic behavior
vi.
Asking
customers to write only positive reviews or asking them to remove or change a
review
vii.
Reviewing
your own products or a competitor’s products
E. Engage in professional business
practices. InspoShops
requires that each Seller engage in professional business practice, thereby
each Seller must refrain from the following activities in managing its store
and using our Service:
i.
Damaging,
violent, or abusive behavior;
ii.
Intentionally
or Negligently interfering with Sellers, their listings or ratings;
iii.
Influencing
customers’ ratings, feedback, and reviews;
iv.
Sending
unsolicited or inappropriate communications; and
v.
Engaging
in conduct that violates price fixing laws.
3.
Non-Circumvention: While using
our Service we have the expectation that you will not engage in any activity
which serves to direct our Users to acquire your products from a site or means
other than through InspoShops. Each Seller therefore agrees to refrain from
attempting to take or failing to take any action that would reasonably be expected to have the effect of prohibiting
or otherwise interfering, with the performance of InspoShops process,
Services, or business, by diverting InspoShops customers to another website,
providing links or messages that prompt Users to visit any external website or
complete a transaction commenced on InspoShops elsewhere while subject to this
Policy, or Terms of Use.
4.
Not an agent of
InspoShops. Nothing in this Agreement shall be
construed to imply a joint venture, partnership, employment, or principal/agent
relationship between Seller and InspoShops, and neither party by this
Agreement shall have any right, power, or authority to act or create any
obligations, express or implied, on behalf of the other party. Seller shall
NEVER hold self or store out to be an agent of InspoShops, and InspoShops
assumes no liability for actions taken by Sellers while using our Service or
engaging in any related activity on our site.
5.
Sellers’
Tax Obligations on Sales.
All Users of this site and Service are solely responsible for collecting and/or
paying any and all applicable taxes for any purchases or sales you make through
our Services. Users agree to Indemnify
in any threatened or asserted action or claim against InspoShops for all unpaid
or uncollected taxes by any party, including but not limited to any
governmental, regulatory, or administrative body of any territory.
6. Product slots and
Banner Ads. InspoShops may offer Sellers,
product slots, and Banner ads which highlight their products. InspoShops does
not and cannot guarantee the end results of using either offering and makes no
guarantee as to sales outcomes as a result of such offerings.
7.
Reviews. The Consumer Review Fairness Act (CRFA) protects
people’s ability to share their honest opinions about a business’s products,
services, or conduct, in any forum, including social media. This act makes it
improper and illegal, for any company or person to include standardized
provisions that threaten or penalize people for posting honest reviews. Consistent with the CRFA, InspoShops permits
Buyers to post reviews on the Sellers’ store, and our site, and in no way seeks
to bar or restrict the ability of a Buyer to review your company’s products,
services, or conduct, nor shall you or your store seek to do the same. Seller agrees that InspoShops shall have no
liability for the reviews that are posted by Users of the site, nor any
obligation to remove, edit, or address any User's review left about your store. In rare instances, InspoShops, may in its sole discretion seek to, or
choose to remove any reviews and resulting responses which contains any of the
following:
A. Private information of any person
B. Obscene, racist, or harassing language
or imagery
C. Discriminatory averments
D. Advertisements
E. Spam
F. Threats of violence or illicit acts; and
G. any statement or actions otherwise
prohibited in this policy or Terms of Use.
7.
Intellectual property Rights. InspoShops reserves the
right, in its sole discretion, to remove any store, or item that is believed or
asserted to infringe on the intellectual property rights of a third party of
User of this site, without recourse against InspoShops. See Section 8 of our Terms of Use for further information.
8.
Tax Obligations. You hereby agree to comply with
any and all applicable tax laws and regulations in connection with your use of
the Service, including reporting and payment of any taxes arising from a
payment transaction or income received through sales made through the Service.
InspoShops may request certain information from you to comply with IRS
reporting requirements, including but not limited to, completing W-9 taxpayer
identification forms and submitting 1099-K sales reports when required to
facilitate InspoShops’ Tax obligations.
9.
Violation of this Policy. Seller
offenses, prohibited content, and violation of this Policy may result in
suspension of your InspoShops account. Violating this policy may result in
actions against your account, such as cancellation of listings, suspension or
forfeiture of payments, termination, and removal of selling privileges.
InspoShops BUYER Policy
This policy is a part of our Terms of Use.
By opening and maintaining an InspoShops store
for the purpose of purchasing products on our site, you are agreeing to this
Policy and our Terms of Use, and consistent with our Terms of Use, are deemed a
“Buyer” on our Site. All Buyers are expected to read, become familiar with, and
adhere to the following policies and information while using our site.
1.
What can you Buy on
our Site?
InspoShops is an online
marketplace which permits the buying and selling of handcrafted products.
Sellers are prohibited from selling any product which is not a handcrafted
product.
2.
What role does
InspoShops serve in your transaction?
InspoShops is simply an online marketplace for
handcrafted Sellers. IT IS IMPERATIVE TO UNDERSTAND THAT INSPOSHOPS IS
MERELY A PLATFORM FOR BUYERS TO PURCHASE PRODUCTS FROM INDEPENDENT SELLERS.
INSPOSHOPS IS NOT A PART OF ANY SALES TRANSACTION ON THIS SITE, DOES NOT
CREATE, COLLECT PAYMENT FOR, SELL, OR OFFER FOR SELL, ANY PRODUCTS LISTED ON
OUR SITE, DOES NOT SHIP OR OFFER SHIPPING FOR ANY PRODUCTS SOLD ON THIS SITE,
NOR OVERSEES ANY BUYING OR SELLING ACTIVITIES WHICH TAKES PLACE ON THIS SITE.
By using our Services, you agree that 1) you are not buying directly from
InspoShops; 2) Sellers on InspoShops are not agents, employees,
representatives, or any other associate of InspoShops; 3) InspoShops does not
screen Sellers or items sold by any Seller or store, nor do we have an
obligation to do so; 4) Sellers manage their own stores, and each purchase is
subject solely to the terms or policies of that Sellers store; 5) InspoShops
shall have no obligation to intervene, mediate, or resolve any issues between you
and any Seller or User of this site; and 6) InspoShops does not endorse any
Seller or store, and banner ads or product highlights shall not be construed as
an endorsement of any Seller. Refer
to Section 9 of the Terms of Use for further provisions.
UNDER NO CONDITION WILL INSPOSHOPS ISSUE
A REFUND OF ANY KIND TO ANY USER FOR ANY TRANSACTION ENGAGED IN BETWEEN A BUYER
AND SELLER.
3.
Purchasing Items
Problems with your purchase. InspoShops is NOT responsible for
processing refunds, chargebacks or payment reversals, or providing customer
service in relation to matters between Users. Payment to a Seller constitutes a
payment ONLY to that Seller, and not InspoShops. All problems with your
purchases, requests for refunds, exchange, or cancellations must be addressed
directly with the Seller. If you have questions, concerns, or disputes, email
the Seller directly at the email or contact number listed on their site. It is
therefore extremely important that prior to any purchase, you carefully read
the Seller’s store policies and item details. If the Seller does not have any
contact information, you should avoid purchasing from that Seller. We have
sought policies that are designed to help minimize issues, however, in the
unfortunate event that a dispute arises, you must address them directly with
the Seller. If you still are not satisfied with the Seller’s response, please
inform us of your position by contacting InspoShops customer support via email
at Info@InspoShops.com or the
InspoShops LLC contact page. Upon contacting us, we will attempt to reach out
to the relevant Seller and proffer a proposed strategy to resolve the dispute.
In the event our investigation validates your claim for a dispute, a ten (10)
day duration will be required to process your full refund. Please be aware that InspoShops permits a
three (3) business day window for Sellers to respond to any dispute claim.
Payment. Each Seller on InspoShops has agreed that it must
only accept PayPal, Stripe, or Square. Do not purchase any product from any
Seller offering a different purchase option, as it could be a scam or
fraudulent, but most importantly is a violation of our Terms and Policies.
10.
Tax Obligations. You hereby agree to comply with any and all applicable tax laws and
regulations in connection with your use of the Service, including reporting and
payment of any taxes arising from a payment transaction or income received
through sales made through the Service. InspoShops may request certain
information from you to comply with IRS reporting requirements, including but
not limited to, completing W-9 taxpayer identification forms and submitting
1099-K sales reports when required to facilitate InspoShops’ Tax
obligations.
4.
LIMITATION
OF LIABILITY
ANY LEGAL CLAIM OR RECOURSE RELATED TO A SALES
TRANSACTION, PRODUCT, OR DISPUTE REGARDING AN ITEM YOU PURCHASE MUST BE SOUGHT
AGAINST THE SELLER OF THE ITEM. YOU HEREBY RELEASE INSPOSHOPS FROM ANY AND ALL
CLAIMS RELATED TO ITEMS SOLD BY SELLERS THROUGH OUR SITE, INCLUDING BUT NOT
LIMITED TO, BREACH OF WARRANTY, DEFECTIVE ITEMS, MISREPRESENTATIONS, AND
PRODUCT LIABILITY CLAIMS. Review Sections 9
and 10 of the Terms of Use for additional Terms.
5.
Circumvention
All Sellers on InspoShops
have agreed not to sell items to InspoShops Buyers through the use of any other
website, email, or other method. As a
Buyer, you likewise agree not to engage in the purchase of a Seller’s product
listed on our site, by any other outside method.
6.
Conduct on Site
InspoShops seeks to be a community which is pleasant, professional, and
inviting. In order to accomplish this, we require each User of our site to
engage in a courteous, professional, non-harassing, non-abusive, civil manner
at all times, with all Users and agents of InspoShops. Failure to do so may result in InspoShops
terminating your use of our Service, at any time, at our sole discretion. Review
Section 5 of the Terms of Use for further conduct obligations.
7.
Reviews
The Consumer Review
Fairness Act (CRFA) protects people’s ability to share their honest opinions
about a business’s products, services, or conduct, in any forum, including
social media. This act makes it improper and illegal, any company or person to
include standardized provisions that threaten or penalize people for posting
honest reviews. Consistent with the CRFA, InspoShops permits Buyers to post
reviews on the Sellers’ store, and in no way seeks to bar or restrict the
ability of a Buyer to review your company’s products, services, or conduct, nor
shall you or your store seek to do the same. Buyer agrees that InspoShops shall
have no liability for the reviews it posts, and Buyer will Indemnify and hold
harmless InspoShops from any dispute which arises from a comment or review
provided. InspoShops, may however, in its sole discretion, remove any comments
or review which contains any of the following, and Buyer agrees not to
post any review which contains the following:
A.
Private information of any person;
B.
Obscene, racist, or harassing language or
imagery;
C.
Discriminatory averments;
D.
Advertisements;
E.
Spam;
F.
Threats of violence or illicit acts; or
G.
any statement or actions otherwise
prohibited in this policy or Terms of Use.
8.
Termination
InspoShops reserves the
right, in our sole discretion, AT ANY TIME AND FOR ANY REASON, without recourse
by you, to suspend or terminate your account. In such an event, membership fees
are non-refundable. You further agree to Indemnify InspoShops, as provided for
in our Term of Use Indemnification clause, to hold us harmless from any
asserted or threatened claims by any parties, including other Users of our
Services/site as a result of your breach of any provision of this policy.
