Terms of Use

Comuiart’s Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY COMUNIART, INC. ("COMUNIART"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.COMUNIART.COM (THE "SITE") AND ALL SERVICES PROVIDED BY COMUNIART ON THE SITE.

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 and conditions and policies referenced herein and/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 you have any questions, please refer to the Help section of the Site.

1. Comuniart is a Venue

Comuniart acts as a venue to allow users who comply with Comuniart policies to offer, sell and buy certain handmade goods within a fixed-price format. Comuniart is not directly involved in the transaction between buyers and sellers. As a result, Comuniart 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 pay for items. Comuniart does not pre-screen users or the content or information provided by users. Comuniart cannot ensure that a buyer or seller will actually complete a transaction. Although there are safeguards in place like the 14 day cooling off period.

Consequently, Comuniart does not transfer legal ownership of items from the seller to the buyer.

Comuniart cannot guarantee the true identity, age, and nationality of a user. Comuniart encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that Comuniart 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 Comuniart. You use the Comuniart service at your own risk.

2. Membership Eligibility  

Age: Comuniart'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. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Comuniart may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Comuniart’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Comuniart’s policies as stated in the Agreement and the Comuniart’s policy documents listed below
(if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Comuniart, each of which is incorporated herein by reference and each of which may be updated by Comuniart from time to time without notice to you:

    * Fees Policy
    * Privacy Policy
    * API Terms of Use

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Comuniart from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this 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 Comuniart of any unauthorized use of your password or any breach of security. You also agree that Comuniart 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 Comuniart without Comuniart'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. To sell items on Comuniart you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your Comuniart 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: Comuniart services are not available to temporarily or indefinitely suspended Comuniart members. Comuniart reserves the right, in Comuniart's sole discretion, to cancel unconfirmed or inactive accounts. Comuniart reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Services

Joining and listing items for sale on Comuniart is free. Comuniart charges for a percentage of the sale price when the item sells. Comuniart Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Comuniart's services are effective after Comuniart provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Comuniart may choose to temporarily change the Fees Policy and the fees for Comuniart 's services for example for promotional events; such changes are effective when Comuniart posts the temporary promotional event on the Site. Comuniart may, at Comuniart's sole discretion, change some or all of Comuniart's services at any time. In the event Comuniart introduces a new service, the fees for that service are effective at the launch of the service.

You are ultimately responsible for paying all fees and applicable taxes associated with using Comuniart however to facilitate the process we collect payments and then pay sellers a percentage of the total. Comuniart keeps accepted payment information on file. When an item is sold, payments to sellers become ‘pending’ for a 14 day cooling period wherein customers can make returns. Once this cooling period has elapsed, payments to sellers will be made in the next payment cycle. Payment cycles resume at the beginning of each month. At the beginning of each month, sellers are paid their due amounts.

Fees and Termination: If Comuniart terminates a listing or your account, if you close your account, or if the payment of your Comuniart fees cannot be completed for any reason, you remain obligated to pay Comuniart for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Comuniart.

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 Comuniart’s published policies and that you consent to Comuniart selling listed items on your behalf in their capacity as agent. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale when uploading items for sale. Your listings may only include 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. If the "quantity available" is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Sale Policies: All sellers are urged to outline sale policies for their items. 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 policies must comply with Comuniart's site-wide policies. Sellers are responsible for enforcing their own reasonable sale policies. Comuniart reserves the right to request that a seller modify a sale 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 shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Comuniart transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Comuniart 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 Comuniart.

Restricted Activities: Your Content and your use of Comuniart shall not:

   1. Be false, inaccurate or misleading
   2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
   3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Comuniart 's Copyright and Intellectual Property Policy)
   4. Violate this Agreement, The DOs & DON'Ts of Comuniart, 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)
   5. 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
   6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Comuniart 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
   7. Be obscene or contain child pornography
   8. 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
   9. Host images not part of a listing
  10. Modify, adapt or hack Comuniart or modify another website so as to falsely imply that it is associated with Comuniart;
  11. Appear to create liability for Comuniart or cause Comuniart to lose (in whole or in part) the services of Comuniart's ISPs or other suppliers
  12. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, The DOs & DON'Ts of Comuniart, or other policy documents as posted on Comuniart.

Furthermore, you may not list any item on Comuniart (or consummate any transaction that was initiated using Comuniart service) that, by paying to Comuniart the final value fee, could cause Comuniart to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: Comuniart does not claim ownership rights in your Content. You grant Comuniart a license solely to enable Comuniart to use any information or Content you supply Comuniart with, so that Comuniart is not violating any rights you might have in that Content. You grant Comuniart 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 the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Comuniart to store or re-format your Content on Comuniart and display your Content on Comuniart in any way as Comuniart chooses. Comuniart will only use personal information in accordance with Comuniart’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Comuniart user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Comuniart -related communications. Comuniart has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Comuniart user to your email or physical mail list. For more information, see Comuniart’s Privacy Policy.

Re-Posting Content: By posting Content on Comuniart, it is possible for an outside website or a third party to re-post that Content. You agree to hold Comuniart harmless for any dispute concerning this use. If you choose to display your own Comuniart -hosted image on another website, the image must provide a link back to its listing page on Comuniart.

Idea Submissions: Comuniart 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 Comuniart shall not be liable for the disclosure or use of such Material. If, at Comuniart’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Comuniart will also consider that Material to be non-confidential and non-proprietary and Comuniart will not be liable for use or disclosure of the Material. Any communication by you to Comuniart is subject to this Agreement. You hereby grant and agree to grant Comuniart, 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

Comuniart does not control the Content provided by users that is made available on Comuniart. 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 pretence.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Comuniart, you agree to accept such risks and that Comuniart (and Comuniart’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Comuniart. Please use caution, common sense, and practice safe buying and selling when using Comuniart.

Other Resources: Comuniart is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Comuniart 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 Comuniart 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. Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Comuniart’s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Comuniart is not involved with user generated groups, the groups' requirements, or the Meetings.

Comuniart does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Comuniart does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on Comuniart may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. COMUNIART IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO COMUNIART; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY COMUNIART, AND COMUNIART HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT COMUNIART IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, COMUNIART USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. Breach

Without limiting any other remedies, Comuniart may, without notice, and without refunding any fees, delay or immediately remove Content, warn Comuniart’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:

Comuniart suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, The DOs & DON'Ts of Comuniart, or other policy documents and community guidelines incorporated herein; Comuniart is unable to verify or authenticate any of your personal information or Content; or Comuniart believes that a user is acting inconsistently with the letter or spirit of Comuniart's policies, has engaged in improper or fraudulent activity in connection with Comuniart or the actions may cause legal liability or financial loss to Comuniart's users or to Comuniart.

10. Privacy

Except as provided in Comuniart 's Privacy Policy Comuniart will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Comuniart stores and processes Content on computers located in the UK that are protected by physical as well as technological security.

11. No Warranty

COMUNIART, COMUNIART'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND COMUNIART'S SUPPLIERS PROVIDE COMUNIART'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMUNIART, COMUNIART'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COMUNIART'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 COMUNIART SHALL CREATE ANY WARRANTY.

12. Liability Limit

IN NO EVENT SHALL COMUNIART, AND (AS APPLICABLE) COMUNIART’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COMUNIART'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, COMUNIART'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD AND (AS APPLICABLE) COMUNIART'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.

14. No Guarantee
Comuniart does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Comuniart 's control.

15. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Comuniart 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 Comuniart 's net income).

16. 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.

17. No Agency

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

18. Comuniart Service

Comuniart reserves the right to modify or terminate the Comuniart service for any reason, without notice, at any time. Comuniart reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Comuniart makes a material change Comuniart will notify you here, by email, by means of a notice on our home page, or other places Comuniart deems appropriate. What constitutes a "material change" will be determined at Comuniart's sole discretion, in good faith, and using common sense and reasonable judgment.