Terms and Conditions

This document spells out your relationship with iCraftGifts.com, and the terms and conditions under which iCraftGifts.com offers you access to our services. Before you may become a member of iCraftGifts.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement, Pricing Policy and the Privacy Policy.

This Agreement is effective on November 15, 2007, for current users, and upon acceptance for new users.

General Terms

You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
You are responsible for keeping your password secure.
You must not abuse, harass, threaten, impersonate or intimidate other iCraftGifts.com users.
You may not use the iCraftGifts.com service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the iCraftGifts.com service.
You must not modify, adapt or hack iCraftGifts.com or modify another website so as to falsely imply that it is associated with iCraftGifts.com.
You must not create or submit unwanted email to any iCraftGifts.com members ("Spam").
You must not transmit any worms or viruses or any code of a destructive nature.
You must not, in the use of iCraftGifts.com, violate any laws in your jurisdiction.
Violation of any of these agreements will result in the termination of your iCraftGifts.com account. While iCraftGifts.com prohibits such conduct and content on its site, you understand and agree that iCraftGifts.com is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the iCraftGifts.com service at your own risk.

General Conditions

iCraftGifts.com reserves the right to modify or terminate the iCraftGifts.com service for any reason, without notice at any time.
iCraftGifts.com reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, iCraftGifts.com will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at iCraftGifts.com's sole discretion, in good faith and using common sense and reasonable judgment.
iCraftGifts.com reserves the right to refuse service to anyone for any reason at any time.
iCraftGifts.com may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that iCraftGifts.com determine in iCraftGifts.com's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, the DOs and DON'Ts of iCraftGifts.com, or other policy documents and community guidelines as posted on iCraftGifts.com.
Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, avatars, and other non-photographic elements on external websites.
You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to iCraftGifts.com, you agree to allow other iCraftGifts.com users to view them and you agree to allow iCraftGifts.com to display the images and content on iCraftGifts.com (for example, on iCraftGifts.com's Homepage) and store the images, item description, profile and other content.
iCraftGifts.com, and other iCraftGifts.com graphics, logos, designs, page headers, button icons, scripts, and service names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on iCraftGifts.com before you may become a member of iCraftGifts.com. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference.

iCraftGifts.com may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on iCraftGifts.com. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on November 15, 2007 for all users.


Site Use

While using this Site, you will not:

• post content or items in an inappropriate category or areas on the Sites;

• violate any laws, third party rights, or our policies;

• use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;

• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms ;
   
• manipulate the price of any item or interfere with other user's listings;
   
• circumvent or manipulate our fee structure, the billing process, or fees owed to iCraftGifts.com;
   
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
   
• take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to iCraftGifts.com);
   
• distribute or post spam, chain letters, or pyramid schemes;
   
• distribute viruses or any other technologies that may harm iCraftGifts.com, or the interests or property of iCraftGifts.com users;
   
• copy, modify, or distribute content from iCraftGifts.com's copyrights and trademarks; or
   
• harvest or otherwise collect information about users, including email addresses, without their consent;
   

Membership Eligibility

iCraftGifts.com's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. iCraftGifts.com's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended iCraftGifts.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use iCraftGifts.com. Further, your iCraftGifts.com account (including feedback) and User ID may not be transferred or sold 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.

Fees and Services

Joining and setting up a "Creator Exhibit" page on iCraftGifts.com costs $25.00 CAD. iCraftGifts.com charges subscription fees for listing items for sale through iCraftGifts.com. When you list an item you have an opportunity to review and accept the fees that you will be charged. iCraftGifts.com's Pricing Policy is available and is incorporated into this Agreement by reference. iCraftGifts.com's Pricing Policy and the fees for iCraftGifts.com's services are subject to change. Changes to the Pricing Policy and the fees for our services are effective after iCraftGifts.com provides you with at least fourteen (14) days' notice of the changes by posting the changes on iCraftGifts.com. However, iCraftGifts.com may choose to temporarily change iCraftGifts.com's Pricing Policy and the fees for iCraftGifts.com's services for promotional events (for example, free listing days) and such changes are effective when iCraftGifts.com posts the temporary promotional event on iCraftGifts.com. iCraftGifts.com may, at iCraftGifts.com's sole discretion, change some or all of iCraftGifts.com's services at any time. In the event iCraftGifts.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian Dollars (CAD). You are responsible for paying all fees associated with using iCraftGifts.com's service and all applicable taxes.

Refunds & Cancellations

Our registration fee and our subscription fees are non-refundable. When you cancel your seller subscription, your account will be placed on hold at the end of the period for which you've paid already.

Fees for our services are described here.

iCraftGifts.com is a Venue

iCraftGifts.com is not a retailer. Instead, iCraftGifts.com acts as a venue to allow an individual who complies with iCraftGifts.com's Terms and Conditions to showcase, sell, and buy certain art, craft or fashion items, within a fixed price format. iCraftGifts.com is not involved in the actual transaction between buyers and sellers. As a result, iCraftGifts.com has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. iCraftGifts.com cannot ensure that a buyer or seller will actually complete a transaction. Consequently, iCraftGifts.com does not transfer legal ownership of items from the seller to the buyer.

Identity Verification

iCraftGifts.com uses many techniques to verify the accuracy of the information iCraftGifts.com's users provide to iCraftGifts.com when they register on iCraftGifts.com. However, because user verification on the Internet is difficult, iCraftGifts.com cannot and does not confirm each user's purported identity. Thus, iCraftGifts.com has established a user-initiated feedback system to help you evaluate with whom you are dealing. iCraftGifts.com also encourages you to communicate directly with potential transaction partners through the tools available on iCraftGifts.com. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Release

Because iCraftGifts.com is a venue, in the event that you have a dispute with one or more users, you release iCraftGifts.com (and iCraftGifts.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 such disputes.

Information Control

iCraftGifts.com does not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using iCraftGifts.com. Please note that 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 iCraftGifts.com, you agree to accept such risks and that iCraftGifts.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on iCraftGifts.com

Buying

A buyer is obligated to complete the transaction of a purchase of an item on iCraftGifts.com in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal check, certified check or money order. A buyer who pays by mail with a money order, certified check or personal check must send the seller an email to notify the seller that that the payment is in the mail, within three (3) days of the transaction.

A seller must abide by all of iCraftGifts.com's policies and the seller's own "Creator Exhibit" page policies and sell the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

Billing

Each iCraftGifts.com seller is responsible for paying the iCraftGifts.com fees incurred. At the beginning of the month each seller is emailed an invoice detailing the amount they will have to pay through PayPal. iCraftGifts.com doesn't process or keep sellers' credit card information on file.

Listing and Selling

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. 

All listings must adhere to the following Submission Criteria:

• you must be the designer, creator and/or producer of your art, craft or fashion
• ABSOLUTELY no product resellers are permitted
• iCraftGifts.com does not permit the selling of food, drinks, or any other consumables of any kind
• at a minimum, you must submit at least one product for your Creator Exhibit page
• you must submit at least one quality photo of your work
• you must only submit items that are not previously used
• your products must be available for sale or for custom orders/commissioned work
• your submitted work will be reviewed for quality, uniqueness, and presentation

iCraftGifts.com reserves the right to remove any item not in compliance with the above mentioned criteria. iCraftGifts.com maintains the right to manipulate product images and/or adjust product descriptions so as to remove inappropriate references to other websites, and irrelevant/inappropriate copy.

"Creator Exhibit" Policies: All sellers are urged to outline individual "Creator Exhibit" policies (in their Profile) for their iCraftGifts.com shop. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. iCraftGifts.com reserves the right to request that a seller modify an individual policy.

Linking to External Sites: You must not link your Creator Exhibit to any other online storefronts or use your Creator Exhibit for the sole purpose of driving traffic to another website. iCraftGifts.com reserves the right to remove any links not in compliance with our Terms & Conditions Policy.

Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Termination: Without limiting any other remedies, iCraftGifts.com, without notice, may suspend or terminate your account if iCraftGifts.com suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of iCraftGifts.com's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with iCraftGifts.com.

Manipulation: The price stated in each iCraftGifts.com Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, hacking into another's account and altering prices. Further, neither buyer nor seller may interfere with any other member's listings or transactions.

Prohibited, Questionable and Infringing Items

Definition: "Your Information" is defined as any information you provide to iCraftGifts.com or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and iCraftGifts.com acts as a passive conduit for your online distribution and publication of Your Information.

"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), Convos, and email.

Restricted Activities: Your Activities which results in Your Information (or any items listed) on iCraftGifts.com shall not:

(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the DOs and DON'Ts of iCraftGifts.com;
(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) 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); iCraftGifts.com also does not permit the listing of items that have been identified as hazardous to consumers and therefore subject to a recall;
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in the DOs and DON'Ts of iCraftGifts.com ;
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:

(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on iCraftGifts.com or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) you do not have a right to link to or include.

License: Solely to enable iCraftGifts.com to use the information you supply us with, so that iCraftGifts.com is not violating any rights you might have in that Your Information, you agree to grant iCraftGifts.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. iCraftGifts.com will only use Your Information in accordance with iCraftGifts.com's Privacy Policy.

Access and Interference

iCraftGifts.com may contain robot exclusion headers. Much of the information on iCraftGifts.com is updated on a real time basis and is proprietary or is licensed to iCraftGifts.com by iCraftGifts.com's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access iCraftGifts.com for any purpose without our prior express written permission. Additionally, you agree that you will not:

(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses as set out in the DOs and DON'Ts of iCraftGifts.com) from the Site without the prior expressed written permission of iCraftGifts.com and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to iCraftGifts.com.

Feedback

Integrity: You may not take any actions that may undermine the integrity of the feedback system. iCraftGifts.com may, without prior notice, limit the number of purchases and listings, which you may place on iCraftGifts.com based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by iCraftGifts.com. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between iCraftGifts.com users, you agree that you shall not market or export your iCraftGifts.com feedback rating in any venue other than an iCraftGifts.com operated website.

Import: iCraftGifts.com does not provide you with the technical ability to import feedback from other (non-iCraftGifts.com operated) websites to iCraftGifts.com because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

Breach

Without limiting other remedies available, iCraftGifts.com may, without prior notice, limit your activity, immediately remove your item listings, warn iCraftGifts.com's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

(a) you breach this Agreement, the Privacy Policy, the DOs and DON'Ts, or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) iCraftGifts.com is unable to verify or authenticate any of Your Information; or
(c) iCraftGifts.com believes that your actions may cause financial loss or legal liability for you, iCraftGifts.com's users or iCraftGifts.com.

Privacy

iCraftGifts.com does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and iCraftGifts.com only uses your information as described in the Privacy Policy. iCraftGifts.com views protection of users' privacy as a very important community principle. iCraftGifts.com understands clearly that you and Your Information is one of iCraftGifts.com's most important assets. iCraftGifts.com stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use iCraftGifts.com's services.

No Warranty

iCraftGifts.com, iCraftGifts.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND iCraftGifts.com'S SUPPLIERS PROVIDE iCraftGifts.com'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. iCraftGifts.com, iCraftGifts.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND iCraftGifts.com'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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.

Liability Limit

IN NO EVENT SHALL iCraftGifts.com, AND (AS APPLICABLE) iCraftGifts.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR iCraftGifts.com'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

iCraftGifts.com'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF iCraftGifts.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, 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 iCraftGifts.com 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.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD iCraftGifts.com AND (AS APPLICABLE) iCraftGifts.com'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, 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.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and iCraftGifts.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to ArtMyriad Inc., located at 720 King St. West, Suite # 122, Toronto, ON M5V 3S5, Canada. (in the case of iCraftGifts.com) or to the email address you provide to iCraftGifts.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, iCraftGifts.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to iCraftGifts.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

Resolution of Disputes

iCraftGifts.com's goal is to make you happy. In the event a dispute arises between you and iCraftGifts.com, please email iCraftGifts.com at Service@iCraftGifts.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

Disputes between you and iCraftGifts.com regarding iCraftGifts.com's services may be reported to Customer Support by emailing Service@iCraftGifts.com

Disclosures

The services hereunder are offered by ArtMyriad Inc., located at 720 King St. West, Suite # 122, Toronto, ON M5V 3S5, Canada

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of this Agreement.