THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP:// EPERDAZZLE.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY EPERDAZZLE.COM ON THE SITE.
By using the this Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. Eperdazzle.com is a Venue
Eperdazzle acts as a venue to allow users who comply with Eperdazzle’s policies to offer, sell and buy certain goods within a fixed-price format. Eperdazzle is not directly involved in the transaction between buyers and sellers. As a result, Eperdazzle has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Eperdazzle does not pre-screen users or the content or information provided by users. Eperdazzle cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Eperdazzle does not transfer legal ownership of items from the seller to the buyer.
Eperdazzle cannot guarantee the true identity, age, and nationality of a user. Eperdazzle encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Eperdazzle.com is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Eperdazzle.com. You use the Eperdazzle.com market service at your own risk.
2. Membership Eligibility
Eperdazzle.com services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Eperdazzle.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Eperdazzle.com services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Eperdazzle.com policies as stated in the Agreement and the Eperdazzle.com listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Eperdazzle.com, each of which is incorporated herein by reference and each of which may be updated by Eperdazzle.com from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Eperdazzle.com from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Eperdazzle.com of any unauthorized use of your password or any breach of security. You also agree that Eperdazzle.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Eperdazzle.com without Eperdazzle.com’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Eperdazzle.com you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Eperdazzle.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Eperdazzle.com’s services are not available to temporarily or indefinitely suspended Eperdazzle.com members. Eperdazzle.com reserves the right, in Eperdazzle.com’s sole discretion, to cancel unconfirmed or inactive accounts. Eperdazzle.com reserves the right to refuse service to anyone, for any reason, at any time.
The only fee you are liable for is a $0.04% hosting fee on each sale for more information on selling and fees and your liability click here.
4. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to Eperdazzle.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Eperdazzle.com.
Restricted Activities: Your Content and your use of Eperdazzle.com shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Eperdazzle.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a seller’s business or shop
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack Eperdazzle.com or modify another website so as to falsely imply that it is associated with Eperdazzle.com;
- Appear to create liability for Eperdazzle.com or cause Eperdazzle.com to lose (in whole or in part) the services of Eperdazzle.com’s ISPs or other suppliers
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on Eperdazzle.com.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Eperdazzle.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Eperdazzle.com-related communications. Eperdazzle.com has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Eperdazzle.com user to your email or physical mail list.
Re-Posting Content: By posting Content on Eperdazzle.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold Eperdazzle.com harmless for any dispute concerning this use. If you choose to display your own Eperdazzle.com-hosted image on another website, the image must provide a link back to its listing page on Eperdazzle.com.
Idea Submissions: Eperdazzle.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Eperdazzle.com shall not be liable for the disclosure or use of such Material. If, at Eperdazzle.com’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Eperdazzle.com will also consider that Material to be non-confidential and non-proprietary and Eperdazzle.com will not be liable for use or disclosure of the Material. Any communication by you to Eperdazzle.com is subject to this Agreement. You hereby grant and agree to grant Eperdazzle.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
6. Information Control
Eperdazzle.com does not control the Content provided by users that is made available on Eperdazzle.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Eperdazzle.com, you agree to accept such risks and that Eperdazzle.com (and Eperdazzle.com’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Eperdazzle.com. Please use caution, common sense, and practice safe buying and selling when using Eperdazzle.com.
Other Resources: Eperdazzle.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Eperdazzle.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Eperdazzle.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
7. Resolution of Disputes and Release
Disputes with Eperdazzle.com: In the event a dispute arises between you and Eperdazzle.com, please contact Eperdazzle.com. You and Eperdazzle.com agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Eperdazzle.com encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Eperdazzle.com, they may choose to participate in Eperdazzle.com’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Eperdazzle.com. Eperdazzle.com provides its dispute resolution process for the benefit of users. Eperdazzle.com does so in Eperdazzle.com’s sole discretion, and Eperdazzle.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that Eperdazzle.com attempts to resolve a dispute, Eperdazzle.com will do so in good faith based solely on Eperdazzle.com’s policies. Eperdazzle.com will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Eperdazzle.com (and Eperdazzle.com’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 disputes with one or more users, or an outside party.
8. No Warranty
EPERDAZZLE’S,OR LEES CRAFTS AND THINGS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM EPERDAZZLE.COM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
9. Liability Limit
IN NO EVENT SHALL EPERDAZZLE.COM OR LEES CRAFTS AND THINGS AND (AS APPLICABLE) SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, EPERDAZZLE.COM OR LEE CRAFTS AND THINGS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
EPERDAZZLE.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF EPERDAZZLE.COM’S SUBSIDIARIES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO EPERDAZZLE.COM’S IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD EPERDAZZLE.COM’S AND (AS APPLICABLE) EPERDAZZLE.COM’S, PARENT, SUBSIDIARIES, AFFILIATES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
11. No Guarantee
Eperdazzle.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Eperdazzle.com’s control.
12. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Eperdazzle.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Eperdazzle.com’s net income).
13. We Are Not An Agency
You and Eperdazzle.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14. Eperdazzle.com Service