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Terms and Conditions 2017-07-03T20:36:16+00:00

weCraft Terms and Conditions

Introduction

All policies and the privacy notice are incorporated into this User Agreement. You agree to comply with all of the below when accessing or using our Services.

The entity you are contracting with is weCraft LLC of, Mesa, AZ 85213

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

About weCraft

weCraft is an online community where inspiration and product development drive the marketplace.  It provides the medium where users can express their art, themselves and their passion amongst crafters worldwide.  Any actual contract for sale is directly between weCraft and buyer.

While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.  The information published about product is provided by our manufacturing partners.  Any discrepancy in product attributes will be addressed with the manufacture of the item.  Any other posted information made by participants in the weCraft community is not the responsibility of weCraft nor does weCraft support any statements not directly posted by weCraft.  If offensive, untrue or erroneous, weCraft reserves the right to pull any information deemed not appropriate or misleading.  At any time weCraft may pull any information for any reason from its website.

Using weCraft

In connection with using or accessing the Services you will not:

  • post, list or upload inappropriate content in any area of the site;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are temporarily or indefinitely suspended from using our site, services, applications or tools;
  • make purchases if you are under the age of 18;
  • fail to pay for items purchased by you;
  • interfere with any promotional or standard product offerings;
  • post false, inaccurate, misleading, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings systems
  • transfer your weCraft account/profile (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm weCraft, or the interests or property of users;
  • use any robot, spider, scraper, or other automated means to access our Services for any purpose;
  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any weCraft application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to weCraft, or that comes from the Services and belongs to another weCraft user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of weCraft and/or any other party holding the right to license such use;
  • commercialize any weCraft application or any information or software associated with such application;
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures we use to provide the Services.

If we believe you are abusing weCraft in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.

Policy Enforcement

When a transactional issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees

The fees we charge for using our Services are listed on our site.  We may change our user fees from time to time by posting the changes on the site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

You must have a payment method on file to have what is considered an active user account with weCraft. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel.  In addition, you will be subject to late fees.  WeCraft or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information weCraft reports to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at membersupport@wecraft.com.  If you wish to dispute the information a collection agency reported to a credit bureau regarding your weCraft account, you must contact the collection agency directly.

Listing Conditions

When posting inspiration or a product you agree to comply with

  • You are responsible for the accuracy and content of the Inspiration and/or product listing and item offered;
  • Your inspiration and/or product listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). weCraft can’t guarantee exact posting durations;
  • Content that violates any of weCraft policies may be deleted at weCraft’s discretion;
  • Some advanced upgrades will only be visible on certain Services.
  • Metatags and URL links that are included in an inspiration or product listing may be removed or altered so as to not affect third-party search engine results.
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated performance history of similar and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other users.

Purchase Conditions

When buying an item, you agree that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy.
  • You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
  • You agree to pay the shipping costs per either your choice of shipment method or the standard way an item is shipped which will always be determined by the most effective means possible.  If free standard shipping is offered, it does not cover the costs of special delivery or expedited services that a buyer selects in lieu of free shipping.

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

We may offer online catalogs and advertisements including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog and advertising content solely in connection with your weCraft inspirational uploads and product listings. The permission to use catalog and advertising content is subject to modification or revocation at any time at weCraft’s sole discretion.

While we try to offer reliable data, we cannot promise that the catalogs will always be available, accurate, and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. A point of emphasis at weCraft is respecting and policing items and content on our site or in our apps to make sure there is no infringement upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed on weCraft, please notify us through membersupport@wecraft.com and we will investigate.

Authorization to Contact You; Recording Calls

weCraft may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. weCraft may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, weCraft may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time within your account profile set-up.

weCraft may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by weCraft to carry out the purposes we have identified above.

weCraft may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with weCraft or its agents for quality control and training purposes or for its own protection.

Privacy of Others; Marketing

If weCraft provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Additional Terms

  • Returns

A buyer may return an unopened, unused product within 45 days of purchase.  The buyer bears the responsibility of the shipping cost back to weCraft for any returned merchandise.

For any used item or an item purchased over 45 days, the buyer must contact membersupport@wecraft.com for return authorization.  There are no money back guarantees for used product that is returned or products purchased more than 45 days prior to the return request.  Returns falling into these scenarios will be handled on a case-by-case basis.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Some applications and functionality may not occur in real time. Such functionality is subject to delays beyond weCraft’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by weCraft;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any weCraft Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Abusing weCraft Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
  • your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) to the price the item sold for on weCraft (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of weCraft’s Services or your breach of any law or the rights of a third party.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WECRAFT HAVE AGAINST EACH OTHER ARE RESOLVED.

You and weCraft agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the weCraft User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

  1. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Arizona, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and weCraft, except as otherwise stated in the User Agreement.

  1. Agreement to Arbitrate

You and weCraft each agree that any and all disputes or claims that have arisen or may arise between you and weCraft relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to weCraft’s Services, or any products or services sold, offered, or purchased through weCraft’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND WECRAFT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WECRAFT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

  1. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by a national arbitration association in with a minimum of 15 years of service without any pending lawsuits or claims against it.

A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”).  The Notice to weCraft should be sent to weCraft LLC., Attn: Litigation Department, Re: Notice of Dispute, 2336 E. Glencove Circle, Mesa, AZ 85213. weCraft will send any Notice to you to the physical address we have on file associated with your weCraft account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and weCraft are unable to resolve the claims described in the Notice within 60 days after the Notice is sent, you or weCraft may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the association’s site at www.akdljadljas.org. In addition to filing this form with the association in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to weCraft at the following address: weCraft LLC., Attn: Litigation Department, Re: Notice of Dispute, 2336 E. Glencove Circle, Mesa, AZ 85213. In the event weCraft initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your weCraft account. Any settlement offer made by you or weCraft shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Maricopa County, AZ or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or weCraft may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and weCraft subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or weCraft may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same weCraft user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the association’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, weCraft will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by weCraft should be submitted by mail to the association along with your Demand for Arbitration and weCraft will make arrangements to pay all necessary fees directly to the association. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse weCraft for all fees associated with the arbitration paid by weCraft on your behalf that you otherwise would be obligated to pay under the association’s rules.

  1. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

  1. Opt-Out Procedure

IF YOU ARE A NEW WECRAFT USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO weCraft LLC., Attn: OPT-OUT NOTICE, 2336 E. Glencove Circle, Mesa, AZ 85213.
You must complete and mail your opt-out notice of the Agreement to Arbitrate. You must complete the Opt-Out Notice by providing the following information including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the weCraft account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against weCraft prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and weCraft. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.wecraft.com at least 30 days before the effective date of the amendments and by providing notice through the weCraft Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

  1. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and weCraft must be resolved exclusively by a state or federal court located in Maricopa County, Arizona. You and weCraft agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.

General

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions

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 User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.wecraft.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days’ notice by posting the amended terms. Additionally, we will notify you through the weCraft Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an weCraft representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the weCraft site.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and weCraft and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.

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