Terms And Conditions
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms, conditions and policies referenced herein or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If we grant you an account to sell products through the Site (each such user, a "Seller"), you must also abide by the "Seller Guidelines", which are incorporated herein by reference and which may be updated from time to time without notice to you. The Seller Guidelines are available to you via hyperlink in the footer section of the Site after we approve and create your Seller account.
Effective Date: February 1, 2013.
1. Yarnbox is a Venue
Yarnbox acts as a venue to allow users who comply with Yarnbox's policies to offer, sell, and buy needlework yarn and certain related goods within a fixed price format. Yarnbox is not directly involved in the transaction between buyers and sellers. As a result, Yarnbox has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Yarnbox does not pre-screen users or the content or information provided by users. Yarnbox cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Yarnbox does not transfer legal ownership of items from the seller to the buyer. Yarnbox cannot guarantee the true identity, age, and nationality of a user. Yarnbox encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Yarnbox is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Yarnbox. You use the Yarnbox service at your own risk.
2. Membership Eligibility
Age: Yarnbox's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Yarnbox from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Yarnbox of any unauthorized use of your password or any breach of security. You also agree that Yarnbox cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Yarnbox without Yarnbox's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Account Transfer: You may not transfer or sell your Yarnbox account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Yarnbox's services are not available to temporarily or indefinitely suspended Yarnbox members. Yarnbox reserves the right, in Yarnbox's sole discretion, to cancel unconfirmed or inactive accounts. Yarnbox reserves the right to refuse service to anyone, for any reason, at any time.
3. Pricing and Services
Cancellation Policy: Month-to-month members can cancel their Yarnbox membership at any time. There are no cancellation fees. Contact us at email@example.com or 630-670-5776 to cancel.
Members who purchase gifts for three, six or twelve month periods are NOT eligible for cancellation. Likewise, members who purchase three, six or twelve month box packages are NOT eligible for cancellation. However, such members are able to change the shipping address and recipient of their purchase at any time.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Yarnbox's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Yarnbox shop. Your listings may include only text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Shop Policies: All sellers are urged to outline shop policies for their Yarnbox shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Yarnbox's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Yarnbox reserves the right to request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise 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 the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Yarnbox transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited Activities
You are solely responsible for your conduct and activities on and relating to Yarnbox and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Yarnbox.
Restricted Activities: Your Content and your use of Yarnbox shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Yarnbox staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Link directly or indirectly, reference or contain information about goods or services offered external to Yarnbox.
- Modify, adapt or hack Yarnbox or modify another website so as to falsely imply that it is associated with Yarnbox
- Appear to create liability for Yarnbox or cause Yarnbox to lose (in whole or in part) the services of Yarnbox's ISPs or other suppliers
Re-Posting Content: By posting Content on Yarnbox, it is possible for an outside website or a third party to re-post that Content. You agree to hold Yarnbox harmless for any dispute concerning this use. Images and other content provided to you by Yarnbox shall not be reproduced, posted or displayed on any other website or in any non-Internet media without the express written permission of Yarnbox.
Yarnbox Photographs: Yarnbox provides its business partners with professional photographs and other content for display on their Yarnbox storefront. Such content is owned by or licensed to Yarnbox Inc and shall not be reproduced, posted or displayed on any other website or in any non-Internet media without the express written permission of Yarnbox. It is understood that such content is provided at signficant expense to Yarnbox and that using such content without our express written permission shall cause us material harm.
Idea Submissions: Yarnbox considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Yarnbox shall not be liable for the disclosure or use of such Material. If, at Yarnbox's request, any member sends Material to improve the site (for example through the Forums or to customer support), Yarnbox will also consider that Material to be non-confidential and non-proprietary and Yarnbox will not be liable for use or disclosure of the Material. Any communication by you to Yarnbox is subject to this Agreement. You hereby grant and agree to grant Yarnbox, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Yarnbox does not control the Content provided by users that is made available on Yarnbox. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Yarnbox, you agree to accept such risks and that Yarnbox (and Yarnbox's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Yarnbox. Please use caution, common sense, and practice safe buying and selling when using Yarnbox.
Other Resources: Yarnbox is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Yarnbox does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Yarnbox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and Yarnbox, please contact Yarnbox.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Cook County, Illinois, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Illinois. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Yarnbox agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Yarnbox (and Yarnbox'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. Yarnbox encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Yarnbox, for the benefit of users, may try to help users resolve disputes. Yarnbox does so in Yarnbox's sole discretion, and Yarnbox has no obligation to resolve disputes between users or between users and outside parties. To the extent that Yarnbox attempts to resolve a dispute, Yarnbox will do so in good faith based solely on Yarnbox's policies. Yarnbox will not make judgments regarding legal issues or claims.
9. Yarnbox's Intellectual Property
Yarnbox, and other Yarnbox graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Yarnbox Inc in the U.S. and/or other countries. Yarnbox's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
Much of the information on Yarnbox is updated on a real-time basis and is proprietary or is licensed to Yarnbox by Yarnbox's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Yarnbox for any purpose without Yarnbox's prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Yarnbox's sole discretion, an unreasonable or disproportionately large load on Yarnbox's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior express written permission of Yarnbox and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Without limiting any other remedies, Yarnbox may, without notice, and without refunding any fees, delay or immediately remove Content, warn Yarnbox's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
13. No Warranty
YARNBOX, YARNBOX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND YARNBOX'S SUPPLIERS PROVIDE YARNBOX'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YARNBOX, YARNBOX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND YARNBOX'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YARNBOX SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability Limit
IN NO EVENT SHALL YARNBOX, AND (AS APPLICABLE) YARNBOX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR YARNBOX'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, YARNBOX'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YARNBOX'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF YARNBOX'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 YARNBOX IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD YARNBOX AND (AS APPLICABLE) YARNBOX'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.
16. No Guaranty
Yarnbox does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Yarnbox's control.
17. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Yarnbox service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Yarnbox's net income).
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.
19. No Agency
You and Yarnbox are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Yarnbox Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Pricing and Services), 6 (Content), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Yarnbox's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to 639 N 1st Bank Dr, Palatine IL 60193 (in the case of Yarnbox) or, in your case, to the email address you provide to Yarnbox (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Yarnbox may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Yarnbox. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Yarnbox Inc, located at 639 N 1st Bank Dr, Palatine IL 60193.
We take the issue of privacy very seriously here at Yarnbox. We will never send you spam, or sell your information to marketers.
This policy is effective on February 1st, 2013.
Information Collection and How it is Used
Yarnbox Inc collects personal information when you register to use Yarnbox Inc services or to post content on Yarnbox Inc. At registration you are asked for your email address and certain other optional information.
If you would like to obtain a Seller account, Yarnbox Inc will ask for your business address, phone number, payment information and other related information.
Yarnbox Inc automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request.
Yarnbox Inc uses information for the following general purposes: products and services provisioning, billing, identification and authentication, services improvement, contact, research, and anonymous reporting. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in Yarnbox Inc's user registration databases when you register with Yarnbox Inc. IP addresses may be used for various research purposes, and/or delivering unique functionality on the Yarnbox Inc Site.
Yarnbox Inc will send you a welcome email when you sign up for Yarnbox Inc's services.
Yarnbox Inc will send you service announcements on rare occasions when it is necessary to do so.
You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing firstname.lastname@example.org from the email address you signed up with.
Yarnbox Inc may periodically email you with administrative messages. Yarnbox Inc will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your information may be combined with information Yarnbox Inc collects from other companies and used to improve and personalize services, content and advertising. If you don't wish to receive administrative messages or participate in these programs, simply opt-out by emailing email@example.com.
If you no longer wish to receive administrative messages, you may opt-out by emailing firstname.lastname@example.org. Please note that if you do not wish to receive administrative messages from us, those notices will still govern your use of the Yarnbox Inc website and service, and you are responsible for reviewing such notices for changes.
Yarnbox Inc offers subscriptions to Yarnbox Inc email newsletters. To opt-in, Yarnbox Inc will ask for your email address and the newsletter(s) you wish to receive. This email address will be used for only this feature. You may change your subscription or unsubscribe at any time by following the instructions contained in the email.
A cookie is a small data file, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you may not be able to take full advantage of the Yarnbox Inc service. Yarnbox Inc uses its own cookies for a number of purposes, including to: Access your information when you "sign in"; keep track of preferences you specify while you are using Yarnbox Inc's services; display local product offerings; estimate and report Yarnbox Inc's total audience size and traffic; and conduct research to improve Yarnbox Inc's content and services. Yarnbox Inc cookies do not collect personal information, and Yarnbox Inc does not combine information collected through cookies with other personal information to tell us who you are or what your username or email address is.
Information Sharing and Disclosure
Yarnbox Inc is affiliated with a variety of businesses and works closely with them. These businesses may operate stores on the Yarnbox Inc website or sell items to you from the Yarnbox Inc website. Yarnbox Inc may also provide services or sell products jointly with affiliated businesses. Due to the nature of Yarnbox Inc's business model, when an affiliated business is associated with your transaction, you will share customer information that is related to such transaction with that affiliated business.
Yarnbox Inc employs other companies and people to perform tasks on our behalf and needs to share your information with them to provide products and services to you. Examples could include but are not limited to fulfilling orders, handling billing disputes, analyzing data, providing marketing assistance and providing customer service.
Editing and Deleting Account Information
You can change your Yarnbox Inc Account Information at any time. Yarnbox Inc may send you certain communications relating to the Yarnbox Inc service, such as service announcements and administrative messages that are considered part of your Yarnbox Inc account. You can delete your Yarnbox Inc account by emailing email@example.com. Please note that your identification, billing and contact information may remain in Yarnbox Inc's records for some period.
Yarnbox Inc limits access to personal information about you to employees who Yarnbox Inc believes reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your Yarnbox Inc Account Information is password-protected.
If your personally identifiable information changes you may correct or update it by making the change on your Yarnbox Inc account page. You may delete or deactivate your account by emailing Customer Support at firstname.lastname@example.org. Yarnbox Inc will respond to your request within 10-20 business days.
The security of your personal information is important to us. Your Yarnbox Inc account information is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by signing off once you have finished using a shared computer. When you enter sensitive information (such as credit card number) for registration Yarnbox Inc encrypts that information using secure socket layer technology (SSL). Yarnbox Inc follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Yarnbox Inc receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Yarnbox Inc strives to use commercially acceptable means to protect your personal information, Yarnbox Inc cannot guarantee its absolute security. If you have any questions about security on Yarnbox Inc's Web site, you can email Yarnbox Inc at email@example.com.
If you have questions or suggestions you can contact Yarnbox Inc via our contact form or by postal mail to Yarnbox Inc, 639 N 1st Bank Dr, Palatine IL 60067. You can also reach us at 630-343-9276.