Supermarket is an e-commerce marketplace that strives to provide an efficient mechanism for Buyers to find unique products (each, a "Product) offered by individual designers ("Sellers") and purchase them through Supermarket. Sellers are able to establish an account and list their products for sale on Supermarket.
Buyers and sellers accessing the site or entering into any transaction do so at their own risk and are solely responsible for all fees, taxes and expenses which may be incurred through use of the Website and the purchase and sale of any Products. As used herein, “you” refers any visitor to the Website, buyers and sellers as well as any prospective buyer or seller accessing the Website for any reason.
- You must be 18 years of age or older to use Supermarket, or you must have permission from your legal guardian.
- The Company may require you to register in order to use the Website, in which case it will assign you a username and password, and you shall be solely responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other Supermarket users or any Seller, as defined herein.
- You may not use Supermarket service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, images, photos, profiles, audio and video clips, links, opinions, descriptions, Product data or other text (“User Generated Content”) that you submit, post or display on the Website.
- You may not modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with Supermarket or Shop Curated.
- You may not create or submit unwanted email or Conversations ("Messages") to any Supermarket members ("Spam").
- You agree that you will not transmit any worms or viruses or any code of a destructive nature.
- You shall not violate any laws in your jurisdiction through your use of Supermarket.
Violation of any term of this Agreement may result in the termination of your Supermarket account. While Supermarket prohibits such conduct and content on its site, you understand and agree that Supermarket is a public venue and, as such, we shall not be responsible for User Generated Content or other content on the Website. You acknowledge and agree that you may be exposed to materials that you may find offensive or objectionable and that your use of Supermarket is at your own risk.
User Generated Content, together with items, item descriptions, information submitted in forum or review, and any other information provided by any seller or any user shall together be known as “Content”.
- We reserve the right to modify or terminate Supermarket service for any reason, without notice at any time.
- Supermarket reserves the right to refuse service to anyone for any reason at any time.
- By uploading Content to the Website, you agree to allow other Supermarket users to view such Content and you agree to allow Supermarket to (a) display the images and content on the Website (for example, in your Producs collection, on Supermarket Homepage and in Favorites); (b) replicate the Content to third-party websites; and (c) to store the Content. You hereby permit all such uses of Content created, developed or posted by you.
- Your account will be terminated, without prior notice, if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
- The Website, any and all Supermarket graphics, logos, designs, page headers, button icons, navigation, scripts, and service names are trademarks or trade dress (“Company IP”) of Company in the U.S. and other countries. Company IP may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner, without our prior express written consent. Furthermore, you are not authorized to make any use of any names, logos or taglines posted on the Website, whether or not designated by use of the SM, TM or ® symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.
- Visiting www.supermarkethq.com or sending emails to Supermarket constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Supermarket's services are available only to, and may only be used by individuals and entities who/which can form legally binding contracts under applicable law. Supermarket's services are not available to minors (persons under the age of 18) or temporarily or indefinitely suspended Supermarket members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Supermarket.
For your protection, we may require the use of encryption technologies for certain types of communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. In connection with your use of the Website, you may establish or otherwise receive from Supermarket user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Website. You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that the Company is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that we shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold us harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the website. We reserve the right to block access to the Website for any reason. You also agree to immediately notify us if you become aware of any loss or theft of your User Codes any unauthorized use of your User Codes.
Fees and Services
Supermarket is a retailer of products designer, manfactured, and fulfilled by Sellers. Supermarket is a virtual venue in which individuals and businesses can interact, offer, sell, and buy certain Products. A buyer's transaction is with Supermarket and the Seller is obligated to fulfill the transaction for the buyer.
Supermarket has no control over the quality, safety or legality of any of the products offered for sale through the website, the truth or accuracy of any listing. the ability of sellers to provide items or the ability of buyers to pay for items. Supermarket cannot ensure that any buyer or seller will actually complete any transaction ("Order") or that any product meets the specifications or requirements of any buyer.
Selling on Supermarket
Joining and listing products on Supermarket is free. Supermarket's Fees and the fees for Supermarket's services are subject to change without notice and shall become effective 5 days following posting of such change on the Website, provided that we may temporarily change Supermarket's Fees and the fees for Supermarket's services for promotional events, and such changes shall be effective when we post any such temporary promotional event on the Website. Supermarket may, in our sole discretion, change some or all of Supermarket's services at any time. In the event Supermarket introduces a new service, the fees for that service are effective upon the launch of such service. Unless stated otherwise, all fees shall be payable in United States Dollars (“USD”). You are responsible for paying all taxes, charges, and fees associated with your purchase or sale of any Product and your use of the Website for any reason.
We may use various techniques to verify the accuracy of any information provided by Supermarket’s users to Supermarket upon registration. However, Supermarket does not vouch for or confirm the identity of any user. We encourage you to communicate directly with potential transaction partners through the tools available on the Website.
In the event that a dispute arises between any users of the Website, you release Supermarket and Shop Curated Inc. (and their affiliates, officers, directors, agents, subsidiaries, joint venture partners and employees) from and against 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.
Furthermore, you agree to release Supermarket (and Supermarket's affiliates, officers, directors, agents, subsidiaries, joint venture partners and employees) from any and all liability and obligations whatsoever in connection with, or arising from, your use of Supermarket. If at any time you are not happy with the Website or the services provided therethrough or object to any Content, your sole remedy is to cease using them.
Supermarket does not control the information provided by you or any other user of the Website. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using Supermarket. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Supermarket, you agree to accept such risks and that Supermarket (and our officers, directors, agents, subsidiaries, joint venture partners and employees) is not responsible for any and all acts or omissions of users on Supermarket. Your use of Supermarket services is at your own risk.
A seller must abide by all of Supermarket's policies and the seller's own individual terms and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.
Payments to Sellers
Each seller on the Website will be paid for the products they fufill (package and ship) for a transaction. When an order is fulfilled and marked as such in the Seller's Account, payment to the Seller will be initiated within 24 hours. Payment will be made according to the seller's preference, via Dwolla or PayPal. If a seller is paid by Supermarket for an order that did not ship, was refunded, or cancelled, the seller's must return the payment to Supermarket within 24 hours. The Company shall be entitled to all of its costs of collection of any unreturned payments, including the reasonable fees of its attorneys.
If you have a question, email email@example.com.
Listing and Selling
You must be legally authorized to sell the item(s) that you list for sale on the Website and each of your listings shall include only text descriptions, graphics, pictures and other Content relevant to the sale of such item. All listed items must be listed in the appropriate category and must accurately and completely describe the item/items for sale in such listing.
All sales are binding. If you, as a seller, receive an order, you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. Supermarket shall not be responsible for the failure of any party to complete any transaction.
The price stated in each Product description must be an accurate representation of the value of such item. "Manipulation" refers to activities whereby the price no longer accurately represents the monetary value of the transaction. Neither buyer nor seller may manipulate the price of any item for any reason. Further, neither buyer nor seller may interfere with any other member's listings or transactions.
Notice to Sellers:
You warrant and agree that all information that you submit is true, current and accurate. You agree to fulfill orders directed to your account or notify Supermarket that the order cannot be fulfilled so Supemarket can cancel the order.
Prohibited, Questionable and Infringing Items:
"Your Information" means as any information you provide via Supermarket or to any sellers or users through the selling or buying items or through the registration or listing process, and information posted by you in any public message area (including the Reviews or comments areas) or through any email feature. You are solely responsible for Your Information, and Supermarket acts as a passive conduit for the online distribution and publication of Your Information.
"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or comments), messages, and email.
Your Activities which result in Your Information (or any items listed) on Supermarket 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 any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Supermarket also does not permit the listing of 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 or unlawfully harassing;
- be obscene or contain child pornography;
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- link directly or indirectly to or include descriptions of goods or services that:
- are identical to other items you have for sale but are priced lower;
- are concurrently listed for sale on a web site other than Supermarket's (this does not prevent linking to or advertising your Supermarket items on another web site); or
- you do not have a right to link to or include.
Solely to enable Supermarket to use the information you supply us with, so that Supermarket is not violating any rights you might have in Your Information, by posting Your Information on the Website, you thereby grant Supermarket a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through one or multiple tiers) right to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, and edit any of Your Information which you may provide, in any media now known or not currently known. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with Your Information. By submitting Your Information, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign or license to the Company all rights, title and interest as set forth herein in and to Your Information. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with Your Information.
Access and Interference
Supermarket may contain robot exclusion headers. Much of the information on Supermarket is updated on a real time basis and is proprietary or is licensed to Supermarket by Supermarket's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Supermarket for any purpose without our prior express written permission. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses) from the Website without the prior expressed written permission of Supermarket and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Supermarket.
Without limiting other remedies available, we may, without prior notice, limit your activity, immediately remove your item listings, warn Supermarket's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
- Supermarket is unable to verify or authenticate any of Your Information; or
- Supermarket believes that your actions may cause financial loss or legal liability for you, Supermarket's users or Supermarket.
THE WEBSITE AND PRODUCTS PROVIDED THROUGH SUPERMARKET ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES PROVIDED HEREUNDER IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER.
TO THE EXTENT THAT ANY GOVERNING JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE THROUGH THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES PROVIDED HEREUNDER ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THE WEBSITE OR ENTERING INTO ANY TRANSACTION FOR PRODUCTS, HEREUNDER, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD COMPANY, OR ITS AFFILIATES, PARENTS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT AND SERVICES PROVIDED HEREUNDER (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF Shop Curated’S USE OF YOUR INFORMATION OR ANY CONTENT PROVIDED BY YOU, ANY PRODUCTS, THE WEBSITE OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. COMPANY SHALL NOT BE LIABLE EVEN IF IT OR ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUPERMARKET’S MAXIMUM LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF SUPERMARKET’S AFFILIATES, PARENTS, 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 SUPERMARKET IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS 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 SUPERMARKET AND (AS APPLICABLE) SUPERMARKET'S AFFILIATES, PARENTS, 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 ANY DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. FURTHERMORE, THE SELLER OF ANY PRODUCT PROMOTED, MARKETED, OR SOLD THROUGH THE WEBSITE AGREES TO INDEMNIFY AND HOLD SUPERMARKET HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE PURCHASE, OPERATION OR USE OF ANY SUCH PRODUCT PROMOTED, MARKETED OR SOLD THROUGH THE WEBSITE.
Not all of the products and services offered through the Website are available in all geographic areas, and we reserve the right to restrict any user from purchasing any product made available through the Website at any time, without notice. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Company or its affiliates to any registration requirement within such jurisdiction or country.
The Digital Millennium Copyright Act of 1998 (“DMCA”).
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Site;
- The name, address, telephone number, and email address of the complaining party;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
- A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
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.
A seller and Supermarket are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Resolution of Disputes
In the event a dispute arises between you and Supermarket, please email Supermarket at firstname.lastname@example.org and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Disputes between you and Supermarket regarding Supermarket's services may be reported to Customer Support by emailing email@example.com.
Changes to Terms
Supermarket reserves the right, in its sole discretion, to change the Terms under which www.supermarkethq.com is offered. The most current version of the Terms will supersede all previous versions. Supermarket encourages you to periodically review the Terms to stay informed of our updates.
Shop Curated Inc.
679 S Dupont Highway #100
Dover, Delaware 19901
This Agreement is effective upon your first use of the Website.