CraftFoxes.com Terms and Conditions
Welcome to CraftFoxes.com (the “website,” “site” or “we”). By accessing or using this site in any manner you are acknowledging that you understand and agree to be bound by all of the following terms and conditions (“terms”) including all provisions located herein as well as those in our “Fee Policy” and “Privacy Policy”. Please read these terms and conditions carefully before using the website. THESE TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT.
1. Scope of Terms and Conditions.
This agreement is the complete and exclusive agreement between us concerning your use of this website and supersedes any prior agreements or other communications.
We reserve the right to change these terms at any time and for any reason by posting changes to the website. The changes will be effective immediately upon posting and by continuing to use the site after the changes have been posted, you consent to be bound to all new terms.
2. No Representations or Warranties Concerning Information or Products.
CraftFoxes allows members to offer products for sale, provided that such sales comply with accordance with these terms and conditions and with the terms of all CraftFoxes policies and procedures. We do not participate in sales transactions and do not screen any buyers or sellers, or any of the content posted by such buyers and sellers. We do not make any representations or warranties with respect to any of the products for sale or content posted on the website, including as to the quality, safety or legality thereof. We also do not represent or warrant that any information relating to any products, including the product descriptions, prices, colors or any other content posted by our members, is accurate, complete, reliable, current, or error free
3. Other Policies.
By using this site , you also agree to be bound by the terms of any other policies, as they are posted on our site, including our:
a. Privacy Policy. Please review our Privacy Policy here so that you may understand our privacy practices;
b. Fee Policy. Please go here for our Fee Policy. These are fees associated with selling handmade goods on Craftfoxes.com.
4. Use of the Site.
a. Eligibility. You must be 18 years or older, and legally able to enter into binding contracts, in order to use any of CraftFoxes’s services, including to list, buy or sell any products on the website. By buying and selling products on this site, you represent and warrant that you are at least 18 years old and that the registration information you submit is accurate. We retain the right to change the eligibility criteria at any time. Persons who are under the age of 18 may browse the, but may only use our services under the supervisions of a parent or legal guardian who shall, at all times, be responsible for all activities on our site.
b. License. CraftFoxes grants you a limited, revocable license to access and use this website solely for personal use. This license does not extend to any conduct prohibited by any of CraftFoxes policies.
c. Prohibited conduct.
You agree that you will not: (1) frame or utilize framing techniques to enclose the site, (2) modify or download any portion of the site (except as necessary to view site content); (3) use the site or its content for any reason other than for personal use; (4) create any derivative work based on the site or site content; (5) collect account information for the benefit of another party; (6) use personal information of another member of this site for commercial purposes or in any way unrelated to a CraftFoxes transaction, without the prior consent of that member; (7) use any meta tags or other "hidden text" using our trademarks; (8) use the site or site contents in a way that violates our intellectual property rights or the intellectual property rights of third parties; (9) use software robots, spiders, crawlers, or similar data gathering and extraction tools; or (10) reproduce, duplicate, copy, sell, resell, or exploit this site or any portion thereof for any commercial purpose, other than as permitted hereby.
d. Responsibility for account information and confidentiality.
It is your responsibility to keep your account information up to date. You are also responsible for ensuring the confidentiality of your account information and password and for restricting access to your computer. You agree to be solely responsible for all activities occurring under your account and to immediately notify us if you become aware of any unauthorized use. You further represent that if, in your use of this site, you are acting on behalf of another, you have the authority to bind that person as a principal to all of the terms herein and to any contracts entered into with other members or third parties on this site. You accept liability for any harm caused by your wrongful use of the site.
e. Our right to terminate or change your account.
We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
f. Fees and Services.
Registration and use of this website is free. However, there are fees associated with listing and selling an item on this site; these fees are explained in detail in our Fee Policy. Please review our Fee Policy in detail before listing or selling an item on this website. The Fee Policy is subject to change at anytime and you should consult it frequently.
g. Buying and Selling.
i. Time to complete transaction. If a buyer has not made payment for an item purchased on the website within three (3) days of the purchase, the seller shall have the right to re-list the item for sale.
ii. Retracting listings and purchases. A seller may delete or archive a listing at any time prior to the time that a purchase has been completed.
iii. Returns and exchanges.
A buyer may only return an item in accordance with the seller’s terms and conditions. Not all sellers accept returns or exchanges. Each seller sets his, her or their own shop policy. If there are any questions about the seller’s position on returns or exchanges, the buyer should contact the seller via onsite messaging or provided email. If issues are unresolved, you may reach out to info@craftfoxes.com.
-- REASONS FOR SALE CANCELLATION AND CANCELLATION PERIOD
Only a seller can cancel an order on CraftFoxes; a buyer who wants to request a cancellation, should contact the seller directly. The following circumstances constitute valid reasons for cancelling a sale. 1) The buyer’s payment wasn’t received. 2) The buyer and seller agree to cancel the transaction before an item ships. 3) The buyer never received the ordered item. 4) The buyer and seller agree the buyer can return the item to the seller for a refund.
-- REFUNDS
Method of refund will be agreed on between the buyer and seller. Refunding shipping is optional, and decided by individual sellers.
-- DAMAGED / INCORRECT / DEFECTIVE GOODS
Seller’s stipulations for damaged or defective goods should be posted under the store’s terms and conditions. If it isn’t, the buyer should ask the seller’s policy. Although CraftFoxes isn’t directly involved in a transaction between a buyer and seller, we will do our best to assist in the unlikely event the transaction doesn’t occur as expected. A buyer or seller may email info@craftfoxes.com.
iv. Shipping. A seller must ship items purchased on the website within five (5) days following receipt of payment. Prices for shipping are determined by the seller.
v. Feedback, complaints and disputes. Any disputes arising between a buyer and a seller are to be resolved directly between buyer and seller, and CraftFoxes does not take any responsibility for the actions of any buyer or seller on the website.
5. Intellectual Property.
a. Our Intellectual Property Rights. Except with respect to content posted to the site by members or other third parties, all content on this site (except), including, but not limited to, the name “CRAFTFOXES” and Craftfoxes text, graphics, logos, button icons, images, audio and video clips, data compilations, and software, and the compilation thereof, is our intellectual property or the intellectual property of our affiliates, partners or licensors, and is protected by United States and international copyright and trademark laws. Except as otherwise set forth herein, or as required under applicable law, no portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
b. Fair Use.
Notwithstanding the above, CraftFoxes has implemented guidelines to permit the use of our name:
You may:
• Make legitimate commentary about CraftFoxes, to review the website or our services.
• Include on your business card or any advertisement the location of any products or services which you provide on our website, and you may include a link to your services or products on our website, but you may not use our name or logo on your business cards or otherwise imply a relationship with CraftFoxes, without our express permission.
You may not:
• Use any of our marks or logos in a manner which implies that we have an affiliation with, or have endorsed, any product, business, organization or event, without our prior consent. You may CraftFoxes at info@craftfoxes.com to request a written license, consent, authorization or endorsement.
• Use any marks or logos which could be confusingly similar to any of CraftFoxes’s marks or logos.
c. Website Content that Infringes Your Copyright.
If you believe that material on this site infringes upon your copyrighted work, you must notify us using the proper notification procedure under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3), and also send us notice thereof at info@craftfoxes.com. After proper notification, as described below, we will promptly remove or disable access to the allegedly infringing material. We will also advise the alleged infringer of the DMCA Counter Notification procedure under 17 U.S.C. § 512(g)(2) and (3), by which the alleged infringer may respond to your claim and request that we restore this material.
FILING A FALSE NOTICE CONSTITUTES PERJURY. You may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing.
Proper notification under the DMCA requires that you provide the following information to our Designated Copyright Agent, located at P.O. Box 5458, Long Island City, NY 11105.
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the website.;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. 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.
d. Your Submissions to Us. Any content that you add to this website, and any ideas, feedback or information you provide to us (your “Submissions”), are non-proprietary and non-confidential. While we do not gain any ownership rights to your Submissions, subject to our Privacy Policy, you grant to us a non-exclusive, worldwide, irrevocable, perpetual and sublicensable right to use, reproduce, modify, adapt, publish, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. If you make a Submission, you represent and warrant that: (1) you own or otherwise control the rights to your Submission; (2) your Submission does not constitute or contain software viruses, commercial solicitation or "spam”; (3) your Submission does not violate any CraftFoxes policy or any legal rights of CraftFoxes, its members or any third party; (4) your Submission does not contain information that is false, inaccurate or misleading; (5) any product you offer for sale is illegal, stolen, or counterfeit, and is not hazardous to consumers, as identified by the U.S. Consumer Products Safety Commission; (6) your submission is not obscene or pornographic or otherwise violate any applicable law, statute or regulation; (7) you will not use a false e-mail address, impersonate another person or entity, or otherwise mislead us about any submission; and (8) you agree to indemnify us and hold us harmless for all claims arising from any submission.
e. Content of Other Users. You may obtain personal information, including email address and shipping information from other buyers and sellers during the course of transactions conducted through our website. You agree that any of such personal information shall only be used for the immediate transaction, and that you shall not use any of such information for any purpose without the express written consent of such other users, including adding any CraftFoxes user to any of your mailing lists.
6. Third Party Links.
This site may contain hyperlinks to outside websites. Craftfoxes is not affiliated with and does not approve or endorse any such outside site. We are not responsible for the content, accuracy or opinions expressed on any outside site. If you leave this site and access an outside site, you do so at your own risk. We encourage you to read the privacy policies, terms and conditions and all other policies of any outside site that you visit.
7. Disputes.
Any dispute relating to the subject matter of this agreement, the website, or arising out of your use of the website, shall be governed by the laws of the State of New York. You agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, located in New York County, for the resolution of any such dispute.
Any such dispute shall be determined by arbitration in New York, before one arbitrator in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
This clause shall not preclude parties from seeking injunctive or equitable relief from state and federal courts of the State of New York pending a decision of the arbitrator, or prevent us from seeking injunctive or equitable relief from state and federal courts of the State of New York if you have violated or threatened to violate our intellectual property rights. Judgment on the Award shall be binding and may be entered in any court having jurisdiction.
You hereby release Craftfoxes from any claims or liabilities arising out of or related to any disputes between users, or between any users and third parties.
8. Limitation on Liability.
THIS WEBSITE IS OFFERED "AS IS”. CRAFTFOXES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. WE DISCLAIM ANY AND ALL WARRANTIES RELATING TO THIS AGREEEMENT AND/OR OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NONINFRINGEMENT. INFORMATION ON OUR SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT CRAFTFOXES HAS NO LIABILITY WHATSOEVER FOR YOUR USE OR INABILITY TO USE OUR SITE, OR ANY PORTION THEREOF. YOU AGREE THAT THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY BUSINESS INTERRUPTIONS; INTERRUPTIONS OR DELAYS IN ACCESSING THE SITE; PROBLEMS WITH DELIEVERY OF DATA OR CORRUPTION OF DATA ON THE SITE; AND/OR COMPUTER VIRUSES OR OTHER SYSTEM MALFUNCTION.
YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR SIMILAR), THAT MAY RESULT FROM YOUR USE OF OR INABILITY TO USE OUR SITE, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AND USE OF OUR SITE WOULD NOT BE ALLOWED WITHOUT SUCH LIMITATIONS.
IN ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY TO YOU WILL NOT EXCEED $100.
9. Indemnification.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your use of the site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar tools, or any other action you take that imposes an unreasonable risk to us or burden on our infrastructure.
10. Miscellaneous.
a. No Agency Relationship. No provision contained herein creates any agency, partnership, or other form of joint enterprise between you and CraftFoxes. Any failure on our part to require your performance of a provision herein shall not affect our rights in the future to require your performance of that provision or to otherwise enforce that provision. Any waiver by us of a breach of a provision herein shall not be held to be a waiver of the provision itself. If any provision herein is deemed unenforceable or invalid under any applicable law, it shall not render these terms as a whole unenforceable or invalid; rather, we will amend or replace such provision with one that is valid and enforceable.
b. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the other provisions shall not be affected thereby, and this Agreement shall be reformed and construed as if such invalid or unenforceable had not been contained herein.
c. Termination of Service. We reserve the right to terminate the site or any of its features at any time. We also reserve the right to modify this Agreement or any our policies. Changes will be posted to the site.
d. Survival of Representations and Warranties. All representations and warranties described in this Agreement shall survive the termination of this Agreement.
e. Notices. All notices shall be given by first class registered or certified mail to Craftfoxes, c/o American Overload Inc., P.O Box 5458, LIC, NY 11105.
f. . In addition, we may also send any notices to the email address you provided to us.