User Agreement
Last revised: January 3, 2008
Welcome to the EasyToMake User Agreement! This User Agreement sets forth the policies, terms and conditions applicable to your use of the EasyToMake sites, services, software and products. EasyToMake and Web Store Widget are brought to you by and wholly owned, copyrighted and trademarked by EASYTOMAKE, LLC (“EASYTOMAKE”).
ACCEPTANCE OF TERMS
Completion of the registration process acknowledges Member’s (“you”, “your” or “User”) acceptance of EASYTOMAKE’S (“Us” or “Our” or “Service Provider”) Terms of Service (“Terms”, “Terms of Use”, “User Agreement”, or “Agreement”) in its entirety. These Terms may be amended without notice at any time, and will take effect automatically fourteen (14) days after they are initially posted to the site. Your continued use of our services after that time constitutes your acceptance of the amended Terms.
MEMBERSHIP ELIGIBILITY
EasyToMake welcomes all parties over the age of eighteen (18) who may legally enter into and form contracts under applicable law. You are required to provide complete, current and truthful registration, billing and account information, and you are required to update said information within three (3) days subsequent to a change. Membership shall become active once accepted and acknowledged by EasyToMake. Memberships are not transferable.
PROPRIETARY RIGHTS
Software License. EASYTOMAKE hereby grants User a non-exclusive, non-transferable license to use the EasyToMake website and eCommerce platform for the sole purpose of buying and selling online through EasyToMake’s eCommerce platform. Once you list items for sale on the EasyToMake website, the website will generate a section of code that we call a “Snippet”. You are free to copy and paste this Snippet anywhere on the web, and thereby ‘open’ a Widget store, so long as your doing so does not violate any law, the terms of this User Agreement, or the terms of use of the place where you place the Snippet and open your Widget store. Users may only use the Snippet generated by the EasyToMake website in its entirety, and any modification of an EasyToMake website generated Snippet will be considered a violation of this User Agreement. User is not being granted any right to copy the EasyToMake website, eCommerce platform or to use it on computers other than a server controlled by EASYTOMAKE.
User also acknowledges and agrees that the platform and the Widget stores are intended for access and use by means of web browsing software, and that EasyToMake does not commit to support any particular browsing platform. EasyToMake reserves the right at any time to revise, upgrade or modify the application or platform, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the application or platform, without notice to User. Although we will try our best not to disrupt your Widget stores, these application or platform upgrades and modifications may affect the appearance and functionality of the Widgets, Snippets and scripts that You may already have in place. If any revision or modification to the application or platform materially changes User’s ability to conduct business, User’s sole remedy is to terminate the User Agreement pursuant to the section titled Account Termination below.
EasyToMake’s site and services are provided on an “as is” and “as available” basis. Your access and use of the EasyToMake site, products and services is governed by and must be in accordance with the then current published EasyToMake policies and procedures.
USER STORES
Venue. The EasyToMake platform Web Store Widget is simply a venue to negotiate and complete transactions. We are not involved in the actual transaction between buyers and sellers. Accordingly, EasyToMake has no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
Safe Trading. Because user authentication on the Internet is difficult, EasyToMake cannot and does not confirm each user’s purported identity. You may consider using third party escrow or insurance services or services that provide additional user verification. Please use caution, common sense, and practice safe trading when using our site. Please note that there are risks of dealing with underage persons or people acting under false pretense, or dealing with international trade and foreign nationals.
Release. Because we are not involved in the actual transaction between buyers and sellers, if you have a dispute with one or more users, you release EasyToMake (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. As applicable, you waive California Civil Code §1542 (and similar statutes in other jurisdictions), which provides: ‘A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.’
Sales/Use Taxes. If applicable, you will collect, report, and remit the correct tax to the appropriate tax authority. EasyToMake has no obligation to determine whether sales or use taxes apply and is not responsible to collect, report, or remit any sales or use taxes arising from any transaction.
Content. The products, services, information and material that you and your customers, buyers or users provide while accessing, using or conducting business with Web Store Widget or through EasyToMake, LLC’s websites or platform: (a) shall not be false, inaccurate or misleading; (b) shall not involve counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs or other harmful code or item that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) shall not link directly or indirectly to or include any products, services, information or materials that are prohibited under this Agreement.
User agrees to only use Widgets, the EasyToMake website and eCommerce platform for the purpose of buying and selling products though the Widget or EasyToMake, LLC website and Software. User agrees not to use Widgets, the EasyToMake eCommerce platform or EasyToMake website or server to store, upload or download data, images, communications or other materials for any purpose other than to advertise and sell or buy products through the Widget website and eCommerce platform, and other use will be considered a violation of this User Agreement.
Without limiting any other remedies, EasyToMake may suspend or terminate your account if EasyToMake suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with EasyToMake’s site. Additionally, EasyToMake retains the right to remove any and all content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, at any time, at our sole discretion.
You agree that you are solely responsible for the content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered through our site or platform, and you will indemnify and hold harmless EasyToMake and our employees, officers, directors, agents and suppliers against any claim arising out of or related to your content.
You agree that any data you upload or communications you transmit to us may be used by us for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting; and EasyToMake is free to use any ideas, suggestions or other such concepts for any purpose, including but not limited to developing, manufacturing, and marketing products or services using such information.
User represents and warrants that it has full power and authority under all relevant laws and regulations to offer and sell the goods and services offered at the Site, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods or services offered at the Site; and to copy and display the materials used or displayed at the Site.
Conduct. You agree that you will not offer for sale through the use of our services any items that: violate any laws or statutes; are prohibited in any way through these Terms; and/or, you do not have the legal right to offer. You agree that you will comply with any and all applicable laws, statutes and ordinances while you use our services. Users also agree to comply with the terms and policies of any site that may be involved in any EasyToMake generated transaction, such as PayPal or Ebay.
EasyToMake’s site and services are only intended for use for buying and selling through Our platform and websites, and shall not be used to: transmit or offer any unsolicited “spam” or unsolicited advertising; engage in fraud or other illegal activity; infringe on the intellectual property rights of others; upload, email or transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may interfere with or disrupt the normal flow and operation of any system. While using our sites or services, you shall not interfere, or attempt to interfere, with or disrupt our sites or services, and the servers or networks connected to our site, and shall not in any way interfere or attempt to interfere with any transaction conducted on our site. While using our sites or services, you shall comply with any and all applicable laws, statutes and ordinances and with any and all terms and conditions of your agreement(s) with EasyToMake and any and all third parties to the extent such are applicable. EasyToMake retains the right to block, suspend or deny access to the EasyToMake site, and/or our services, to any person or entity, in our sole discretion.
Third Party Agreements. User will comply with the terms and conditions of all agreements you have with third parties, including providers of marketplaces, as such terms and conditions relate to use of our services including terms and conditions related to types of items that may be sold or restrictions on concurrent sale.
TERM
The term of the Agreement shall be 30 days commencing on the date that User opens an account. The term shall automatically renew for successive monthly periods at renewal rates applicable at the time, unless notice of non-renewal is provided in accordance with the section entitled Account Termination below; provided, however, that to qualify for each renewal User must at the time of renewal be in substantial compliance with the material terms and conditions of the User Agreement. The Service Provider shall have the right, but not the obligation, to review any Account for compliance with the User Agreement as part of the renewal process, or at any time.
ACCOUNT TERMINATION AND CLOSING STORE
Termination. Either party, in its sole and absolute discretion, may give notice of termination with or without cause and without stating any reason therefore. Notice of termination can be given at any time. EasyToMake will then terminate your account within 5 business days or as soon as technically practical. Any transactions will be kept on record as long as the law requires. User may terminate the account by notifying EASYTOMAKE according to the instructions for account termination on the EasyToMake website.
Re-Activation. Without Guarantee, and with storage space permitting, EASYTOMAKE will store User’s Terminated Account files in backup storage for up to twelve (12) months. Re-Activation of User’s Account will be subject to any fees associated with opening a new EasyToMake account.
Closing a Store. User can close their store, immediately preventing shoppers from accessing User’s Store and Merchandise. CLOSING STORE DOES NOT TERMINATE ACCOUNT; account will continue to be charged, if any such charges apply, according to the Terms of the Agreement until User provides Notice through the Account Termination procedure described above.
PAYMENT FOR SERVICES
You agree to pay for all fees incurred on your account(s) through any of the payment options provided on the Widget website, in accordance with our current fee information provided on our fee schedule. You are responsible for paying all fees associated with using EasyToMake’s service and website and all applicable taxes. EasyToMake reserves the right to institute or modify fees and fee policies for service(s) rendered, fourteen (14) days subsequent to notice on our site.
PRIVACY
EasyToMake will strive to maintain the confidentiality of your account information. Content that you divulge in public forums through the use of our service may be collected and used by others. User agrees to allow EASYTOMAKE to contact them via the email address provided and to communicate with them or any party to a transaction initiated though Easytomake's platform regarding changes, updates or modifications to existing or new features, products and services available from Easytomake, account details and billing information. The email address that you provide to Easytomake will be available to buyers and sellers, to communicate regarding items for sale on Easytomake ecommerce platform. This user agreement expressly forbids the use of emails of users for any other purpose, and such use will be considered a violation of this User Agreement.
EASYTOMAKE will not otherwise voluntarily release your email or other account information without your permission, unless required to do so by law.
PASSWORD
User shall select a password when creating an account with EasyToMake to provide access to and use of the Software and EasyToMake’s services User is entirely responsible for any and all activities which occur under User’s account and password. User agrees to keep its password confidential, to allow no other person or company to use its account, and to notify the Service Provider promptly if User has any reason to believe that the security of its account has been compromised.
MAINTENANCE AND SUPPORT
User can obtain assistance with any technical difficulty that may arise in connection with User’s utilization of the website or platform by visiting the Support section of the EasyToMake website. EasyToMake reserves the right to establish limitations on the extent of such support, and the hours at which it is available.
User is responsible for obtaining and maintaining all of User’s domain names, computer hardware and other equipment needed for its access to and use of the the internet, Software and EasyToMake Services and User shall be responsible for all charges related thereto.
DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF USER ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE EasyToMake SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND USER MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS ITS REQUIREMENTS. USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE SERVICE PROVIDER, AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF THE SERVICE PROVIDER IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM USER USE OR INABILITY TO USE EasyToMake SERVICES OR THE SOFTWARE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF EasyToMake OR THE SOFTWARE. THE SERVICE PROVIDER’S LIABILITY TO USER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY USER TO THE SERVICE PROVIDER OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
USER AGREES TO HOLD HARMLESS EasyToMake FOR VIOLATION OR CONFLICT WITH EasyToMake’S SOFTWARE AND A THIRD PARTY’S SOFTWARE OR CONTRACTUAL OBLIGATIONS, WHETHER THE VIOLATION OR CONFLICT WAS IN EXISTENCE BEFORE OR AFTER THE DATE OF THIS AGREEMENT AND WHETHER VIOLATION WAS MADE BY USER OR BY EasyToMake ACTING ON USER’S BEHALF.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
INDEMNIFICATION
You agree to indemnify, defend and hold EasyToMake and our employees, officers, directors, agents and suppliers harmless from and against any loss, cost, damages, liability or expenses arising from or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to EasyToMake; (b) any fraud, manipulation, or other breach of these Terms by you; (c) any third-party claim, action or allegation brought against EasyToMake arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or EasyToMake’s provision of services or use of your account in transactions or data exchange with any third party.
FORCE MAJEURE
Neither party shall be liable to the other for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.
NOTICES
Any notices or communications under the Agreement shall be by electronic mail or in writing or through posting on the Web Site and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below or when posted. If to EasyToMake, such notices shall be addressed to:
legal@easytomake.com
or
EasyToMake, LLC
Suite 285
1498 Reisterstown Rd.
Pikesville, Maryland
USA 21208
If to User, such notices shall be addressed to the electronic or mailing address specified when User opens an account with EasyToMake, or such other address as either party may give the other by notice as provided above.
LIMITED AGENCY
You agree to authorize EasyToMake to access third-party marketplace(s) with which you have agreements, on your behalf, to retrieve and post information and materials necessary to provide our services to you, and you hereby appoint us as your agent for this limited purpose. You hereby permit us to use such retrieved information and materials to accomplish the foregoing, and to communicate with your customers on your behalf. You hereby acknowledge that our services may or may not provide all the information and functionality that you could obtain directly from the marketplace(s) or third-parties.
No Agency. You agree that except for the limited purpose stated above in the “Limited Agency” clause, you and EasyToMake are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
LICENSE
You agree to grant to EasyToMake a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but not other rights) you have in your content, in any media now known or not currently known, for the sole purpose of providing our services.
TRADEMARK INFORMATION
EasyToMake retains all right, title and interest in and to its trademarks, service marks and trade names worldwide (collectively, the “Marks”). You will only use EasyToMake’s Marks with the express permission of EasyToMake and then only in the manner authorized. Under no circumstances may you alter, modify, or change EasyToMake’s Marks.
INTELLECTUAL PROPERTY
All content included or available through our services and platform, including but not limited to images, iconography, graphics, buttons, scripting elements logos and software is the property of EasyToMake and/or third parties and is protected by copyrights, trademarks and/or other intellectual and proprietary rights. You may not sell, copy, alter or otherwise interfere with said content and software in any way other than that which is expressly allowed under these Terms or other agreement that User may have with EasyToMake, including, but not limited to a Resellers Agreement, an Affiliate Agreement or a Consignment Program Agreement.
Copyright Holders. If you are a copyright holder who believes that EasyToMake’s service is hosting infringing copies of your work, please let us know. Pursuant to 17 United States Code 512©(2) (Digital Millennium Copyright Act of 1998), our designated agent for notice of alleged copyright infringement appearing on our site is:
Administrator
EasyToMake, LLC
Suite 285
1498 Reisterstown Rd.
Pikesville, Maryland
USA 21208
Email Address: legal@easytomake.com
Notice of Infringement. To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The information that you should provide to us includes the following:
a) an electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder;
b) a description of the copyrighted work that is claimed to have been infringed;
c) the location on our web site of the material that you claim to be infringing;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use); and
f) a statement by you, made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
TERMS OF SERVICE VIOLATIONS
In the event of a violation of these Terms, EasyToMake reserves the right to delete any and all images or other content You provide or transmit through the site, to suspend or deny you access to the our site and our services, or to terminate your account, in our sole discretion.
REPORTING TERMS OF SERVICE VIOLATIONS
If you believe that a violation of our Terms has occurred, please provide the following information:
- your telephone number and email address associated with your EasyToMake account;
- a description of the content or action you believe to be a violation;
- the location on our site of the content or action you believe to be a violation.
GENERAL
These Terms will be governed by the laws of the state Delaware. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. These Terms are not assignable, transferable or sublicensable by you without EasyToMake’s prior written consent, and any such conveyance will be null and void. Should EasyToMake prevail in any action or proceeding to enforce rights under these Terms, EasyToMake will be entitled to recover from you its costs and attorneys’ fees. You agree that you are not entering into these Terms in reliance on any statements or representations other than those set forth herein. Should any term or condition be in conflict between these Terms and any document incorporated by reference into these Terms, these Terms will control. The use of headings is for convenience and will not affect the interpretation of these Terms.
Arbitration. Any controversy or claim in any way arising out of or relating to this Agreement will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or EasyToMake may seek any interim or preliminary relief from a court of competent jurisdiction in Delaware necessary to protect the rights or property of you or EasyToMake pending the completion of arbitration.
Waivers. A party’s failure to enforce any provision of this Agreement shall not be a waiver of the provision or the right to enforce it at a later time.
