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Terms of Use

The Creepy Crafters Terms of Use constitutes a legally binding contract between you and Creepy Crafters. This contract sets out your rights and responsibilities when you use CreepyCrafters.com and any other services provided by Creepy Crafters, referred to collectively as our “Services. 

By using any of our Services, including browsing our website, you’re agreeing to the Terms. If you don’t agree with the Terms, you should not use our Services.

Your Privacy

Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both Creepy Crafters and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Creepy Crafters, will be responsible for that unauthorized disclosure.  

If, however, Creepy Crafters and sellers are found to be joint data controllers of buyers’ personal information, and if Creepy Crafters is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Creepy Crafters for the expenses it occurs in connection with your processing of buyer personal information.

User Accounts

When creating an account to use Creepy Crafter Services, you agree to the following:

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 Creepy Crafters or the Services. You are responsible for any and all account activity conducted by a minor on your account.

Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity.

If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are non-transferrable.

These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Creepy Crafters.

Seller Fees

Creepy Crafters does not charge listing fees nor enforce free shipping. There is a 2.9% plus .30 cents per transaction merchant processing fee along with a 5% per transaction commission fee.

Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

By posting Your Content through our Services, you grant Creepy Crafters a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Creepy Crafters function and grow. For example, you acknowledge and agree Creepy Crafters may offer you or Creepy Crafters buyers promotions on the Site, from time to time, that may relate to your listings

By posting Your Content, you grant Creepy Crafters a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Creepy Crafters, your Creepy Crafters shop, or the Services in general, in any formats and through any channels, including across any Creepy Crafters Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

For example: if you upload a photo or video of a listing on your Creepy Crafters shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer via multiple channels and platforms; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a photo or video of your latest creation, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even and ad to help promote your business and Creepy Crafters.

Creepy Crafters has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact compliance@creepycrafters.com. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer.

Creepy Crafters is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and legal compliance. Creepy Crafters provides a venue but does not manufacture goods, hold inventory, or ship items on behalf of sellers. Content is generated by independent sellers who are not employees, agents, or representatives of Creepy Crafters. Sellers are responsible for ensuring they have all the necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
Creepy Crafters can’t speak on behalf of intellectual property owners, offer legal advice, or make legal determinations as to whether a shop’s content infringes someone else’s intellectual property. 

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. Creepy Crafters is a marketplace for handmade items. If you post any items that are not handmade, those products are subject to deletion without notification.

Use of Services

Creepy Crafters grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions:

You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you may not engage in fraud, inclusive of false claims or infringement notices, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Creepy Crafters, another Creepy Crafters user, or a third party.

You are responsible for paying all fees that you owe to Creepy Crafters. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Creepy Crafters will calculate, collect, and remit sales tax where applicable.

You agree not to crawl, scrape, or otherwise index, store or mine any page of the Services or to reverse engineer or attempt to obtain the source code of the Services

You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

The name “Creepy Crafters” and the other Creepy Crafters marks, phrases, logos, and designs that we use in connection with our Services (the Creepy Crafters Trademarks), are trademarks, service marks, or trade dress of Creepy Crafters in the US and other countries.

Any unsolicited ideas or other materials you submit to Creepy Crafters (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Termination

You may terminate your account with Creepy Crafters at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You are responsible for any outstanding fees incurred prior to account termination.

Creepy Crafters may terminate or suspend your account, as well as any other accounts Creepy Crafters determines are related to your account, and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. Generally, Creepy Crafters will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Creepy Crafters terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Creepy Crafters reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in Creepy Crafters’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

Creepy Crafters does not manufacture, store, or inspect any of the items sold through our Services. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Creepy Crafters from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Creepy Crafters is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Creepy Crafters is not a party to those agreements; they are solely between you and the third party.

Indemnification

If Creepy Crafters gets sued because of something that you did, you agree to defend and indemnify Creepy Crafters, including any of our employees, and hold us harmless from any legal claim or demand, inclusive of reasonable attorney’s fees, that arise from your actions, your use or misuse of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

Notwithstanding, we reserve the right to conduct our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Creepy Crafters

The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

You and Creepy Crafters agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration or mediation under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Creepy Crafters are each waiving the right to trial by jury or to participate in a class action or class arbitration.** Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Changes to Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

Enforceability

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Creepy Crafters regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

If you have any questions about the Terms, please email us at legal@CreepyCrafters.com.

Last updated on Jul 28, 2020

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