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Terms of Service.
Last revised on April 10th, 2016
Welcome! Spreesy LLC (referred to as “us”, “our”, “we”, or “Spreesy” in these terms of service) is the owner and operator of the www.spreesy.com website (the “Site”), as well as the platform we developed to allow independent social media users to list and sell their goods or promote the goods of third parties via social media (the “Services”).
1. Acceptance of the Terms
Please read these terms for using the Services (these “Terms”) carefully. As used in these Terms, “you” or “your” refers to you as an individual authorized user of Spreesy or the entity on whose behalf you are accessing the Site and Services. These Terms form a contract between you and Spreesy and contain the terms and conditions that govern your use of the Site and Services. The Terms also describe your rights and responsibilities and what you can expect from the Services.
Using the Services constitutes your acceptance and agreement to these Terms.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trial or class action, and limit the remedies available to you in the event of a dispute. Please see Sections 15 and 16, below, for more information.
2. Changes to the Terms
Spreesy reserves the right to add, delete, or modify any term or condition in these Terms at any time and in its sole discretion. If we make a change to any term or condition, we will notify you by posting a change notice on the Site or within the Services. In the event we determine that a change is substantive, you may be notified of the change by email. If any modification is unacceptable, you should immediately stop using the Services.
Your continued use of the Services following notice of a change in the Terms will constitute your binding acceptance of the changes.
3. Use of the Site and Services
Subject to these Terms, Spreesy hereby grants you a non-transferable, non-exclusive right to access and use the Services for the purpose of promoting your goods or another’s goods through your valid social media accounts.
3.2 Permissible and Acceptable Uses
You may only use the Services as expressly permitted by us. Your right to access and use the Services is limited to your personal use or exclusive use by your organization and is not transferrable by you to any person or entity. You may only access and use the Services for lawful purposes.
You agree that you will not do any of the following:
- Use any robot, spider, script, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithm or methodology to access, acquire, copy or monitor any portion the Site or Services without our prior written consent, which consent may be withheld for any reason;
- Use the Site or Services in any manner that could damage, disable, overburden, disrupt or impair any Spreesy server, the networks connected to any Spreesy server, or interfere with anyone else’s use and enjoyment of the Site or Services;
- Disobey any applicable policies or regulations of networks connected to the Site or Services;
- Modify, adapt, translate or reverse engineer the Site or Services;
- Frame or reformat the Site or Services in any way;
- Collect information about any third parties by using the Site; or
- Promote a third party’s goods using any automated means or under false pretenses.
Through either the Site or the Services, you will be able to interact with other users and third parties through posts and other communications, whether you are a Registered User (as defined below) or not. By accessing and using the Site and Services you agree that you will not post or upload anything to the Site or Services that:
- Is sexually explicit or pornographic, exploits or presents minors in a sexual way, or promotes adult sexual services;
- Creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm;
- Promotes self-harm, eating disorders or hard drug abuse;
- Attacks, bullies or harasses nonpublic people;
- Includes hate speech;
- Is gratuitously violent or gory;
- Infringes anyone's intellectual property, privacy or other rights;
- Is fraudulent or deceptive;
- Is someone else's personal information or requests a minor's personal information; or
- Contains any information or content that’s illegal
Spreesy disclaims any perceived, implied, or actual duty to monitor the contents of the Site or Services and specifically disclaims any responsibility or liability for information provided within the Services. Spreesy intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
3.3 Ownership of Site and Services
Spreesy solely and exclusively owns all intellectual property and other rights, title, and interest in and to the Site and Services or is using such rights with permission, except as expressly provided in these Terms.
You will not acquire any right, title, or interest to the Site or Services or to any intellectual property owned by us by virtue of using the Site or Services, except as otherwise specified in these Terms. We reserve all rights not expressly granted in these Terms. Any violation of this requirement may result in copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
3.4 Your Content
The Site and Services allow you to post content, material, and information to the Services. Anything that you post or otherwise make available on the Services is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to the Site or while using the Services.
You grant Spreesy a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Site and Services solely for the purposes of operating, developing, providing, and using the Site and Services. Nothing in these Terms shall restrict other legal rights Spreesy may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our other posted policies.
You hereby represent and warrant that you: (a) own all rights, title and interest in and to any and all User Content you submit, or are otherwise authorized to grant the rights provided to us under these Terms, (b) have written consent, release, and/or permission of each and every identifiable individual person in any User Content you submit to use the name and likeness of each and every such identifiable person in the User Content; and (c) will not submit any User Content that does not fully comply with these Terms or other posted policies.
By sending or submitting messages to Spreesy about the Site or Services, including but not limited to images, feedback, suggestions, ideas, or any other commentary you have generated (“Feedback”), you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display, distribute, sublicense, prepare derivative works of, or incorporate the Feedback into other works, the Site, or the Services.
4. Registered Accounts
4.1 Creation; Maintenance
In order to access and use the select components of the Services, you must register for a user account with us (become a “Registered User”) and provide certain information about yourself as required by our registration form (create an “Account”). However, you do not need to become a Registered User to make purchases through the Services.
As a Registered User you are able to, among other things, market and sell goods through your social media account(s). As a Registered User, you must keep your Account information complete, accurate, and current at all times. You agree to maintain the security of your Account information and that you are responsible for all activity in connection with your Account. In the event you become aware of any unauthorized use of your Account or you suspect unauthorized use of your Account, you agree to immediately notify us. You also warrant that your use of Paypal account information in connection with your Account is authorized and that all information you provide to us is true and accurate. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.2 Promotions, Offers, Loyalty Programs
We may from time to time provide certain promotions, offers, or loyalty programs to our users via the Services. We reserve the right to place expiration dates and usage limits on any such promotions, offers, or loyalty programs that are available through the Services.
4.3 Listing and Selling on the Services
All items offered through the Services must be for sale. By listing an item through the Services, you warrant all aspects of the item comply with these Terms, any other posted policies, and any applicable law. You also warrant that you may legally sell the item listed. You must accurately describe all items listed and all terms of sale in your listing. Your listing may only include text descriptions, graphics, and pictures relevant to the sale of that item. If multiple quantities of an item variant are made available through a single listing, all items in that listing must be identical. Each unique item you sell on the Services must have its own listing on the Services.
We strongly encourage you to outline the terms of sale for your listings on the Services. These terms may include, for example, shipping, return, payment, and selling terms. You must create reasonable terms in good faith and abide by such terms. All listing terms must comply with these Terms, any other posted policies, and any applicable law. You are responsible for enforcing your own reasonable policies and we reserve the right to request that you modify your policies.
All sales are binding. You are obligated to ship orders or otherwise complete transactions with any other third party purchasing your goods through a listing on the Services in a prompt manner, unless there is an exceptional circumstance.
You agree that any price stated in each of your listing description will be an accurate representation of the sale. You agree that it is solely your obligation to identify, collect, and remit any sales or other tax resulting from any sales facilitated through the Services. You may not misrepresent an item's location, charge excessive shipping fees, or alter an item's price after a third party completes a transaction through your listing.
4.4 Partners Program
The Services allow any Registered User to act as a promoter (a “Promoter”) for any other Registered User that has opted to make their goods available for promotion in the Partners Marketplace (a “Supplier”). The Partners Marketplace is accessible while logged in to the Site and contains those goods that Registered Users have elected to make available for promotion in the Partners Marketplace. As a Promoter, you have the option of promoting a Supplier’s goods through your social media accounts or any other platform or service using a unique affiliate URL generated for you (a “Promo Link”). A “Promoted Sale” occurs when a customer purchases the goods identified by the Promo Link after clicking through a Promo Link.
If you elect to become a Promoter, you may become eligible to receive a percentage of the amount generated by your Promoted Sales after deductions for returns, allowances for damaged or missing goods, any discounts allowed, and any taxes (“Net Sales”). The total percentage of Net Sales available to you as a Promoter (your “Commission”) will be that percentage described in the promotional materials provided to you when you became a Registered User or thereafter changed by notice to you by Spreesy. The Commission payable to you will be transferred to the Paypal account associated with your Account upon successful completion of an applicable sale.
As a Promoter, you will have the ability to contact Suppliers directly with questions or comments. You hereby agree that any interactions with Suppliers will comply with the permissible uses found in Section 3.2. Further, as a Promoter, you will not make any public statements with respect to the relationship between you and Spreesy that would misrepresent the relationship between you and us.
As a Spreesy user, you have the opportunity to earn money by referring friends to act as a Supplier or Promoter on the Services (be a “Referrer”). As a Referrer, you can earn money if: (i) a referred friend clicks on your referral link and creates a valid Spreesy Account that complies with our Terms; and (ii) the referred friend completes a Valid Sale (as defined below) as a Supplier or Promoter using the Services. A Valid Sale is defined as a transaction facilitated by Spreesy that is not subject to a chargeback or refund request.
As a Referrer, you will be credited with the percentage of Net Sales that is described in the accompanying promotional materials provided to you when you became a Registered User or thereafter changed by notice to you. The percentage of Net Sales payable to you as a Referrer will be transferred to the Paypal account associated with your Account upon completion of a Valid Sale. As a condition of these Terms, you agree not to register multiple times for an Account using multiple names, addresses, email addresses, or other means. Any such action shall constitute a violation of these Terms and may result in the termination of your Account.
6. Purchases, Payments, and Transaction Fees
If you elect to purchase goods using our Service, you agree and acknowledge that such transaction will result in a charge to the credit or debit card you supply to Paypal or the Paypal account you supply during the checkout process. By using the Service to checkout via Paypal’s services, you warrant that your use of the Paypal account information and/or the credit or debit card information is authorized and that all information you provide during the checkout process is true and accurate.
At no time does Spreesy handle any funds resulting from a transaction through the Service and Spreesy only acts as an intermediary to facilitate payments and remittances through select Third Party Service (as defined in Section 13 below). As such, Spreesy does not offer any refunds for any transactions made through the Service. In the event of any dispute regarding a purchase or sale, you agree that the terms and conditions of such Third Party Service will control.
6.3 Transaction Fees
If you elect to sell your goods using our Service, Spreesy will charge you a fee equal to 3% of the sale price of such goods (the “Fee”). Spreesy may, from time to time, offer discounts or promotional offers that may decrease the Fee. The requirements for a special promotion or offer will be stated at the time such promotion or offer is presented. The Fee will be charged on the credit or debit card you supply to Paypal or the Paypal account you have supplied to Spreesy. By submitting your credit card, debit card, or Paypal account information to Spreesy, you are authorizing Spreesy to charge such payment method the Fee for each sale made through the Service. Unless otherwise specified, the Fee shall be in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the Fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Spreesy reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your Paypal account or credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
7. Warranty Disclaimers and Exclusions
SPREESY PROVIDES THE SITE AND THE SERVICES ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, OR USE OF EITHER: (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
8. Spreesy’s Relationship with Third Parties and Registered Users
Spreesy does not endorse or recommend the products or services of any particular Registered User or any other individual or entity accessing the Site or Services not affiliated with Spreesy (collectively “Spreesy Users”). Further, Spreesy does not (i) screen any Spreesy Users, (ii) inquire into the background of any Spreesy Users, or (iii) review or verify the statements of any Spreesy Users.
You agree that Spreesy will not be responsible for any loss or damage incurred as a result of your interaction with any Spreesy Users. In addition, you agree that Spreesy is under no obligation to become involved with any dispute between you and any other Spreesy User.
Further, by becoming a Registered User or by providing your name or email address through the Site or Services, you hereby consent to receive electronic communications, including but not limited to email, text messages, instant messages, video conferencing, and other personal messages from other Spreesy Users.
9. Limitation of Liability
SPREESY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE OR THE SERVICES OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY DOLLARS ($50) OR THE AMOUNTS PAID TO US HEREUNDER IN THE SIX MONTHS PRIOR TO THE CLAIM, WHICHEVER IS LESS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
You agree to indemnify and hold us (and our officers, employees, agents, successors, and assigns) (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any provision of these Terms through any act or omission. If you must indemnify us, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
11.1 Access Limitation; Cancellation by Spreesy
We may, in our sole discretion, with or without notice to you (i) suspend, limit your access to, or terminate your use of the Site or Services, (ii) suspend, limit your access to, or terminate your Account, or (iii) prohibit you from using the Site or Services. Notwithstanding this Section 11, these Terms will survive indefinitely unless and until we choose to terminate them.
11.2 Registered User Account Cancellation
If you are a Registered User, you may cancel your Account for any reason at any time by following the account termination procedures on your account settings page while logged in to the Services or by sending an email to firstname.lastname@example.org. In the event your Account has pending transactions or payments, we will make reasonable efforts to ensure such transactions are completed but we are under no obligation to do so.
All notices required or permitted under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) email.
To provide notice to us, you must use the following mailing address: Attn: Legal, Spreesy LLC, 2121 6th Avenue #S2012, Seattle, WA 981212, or use the following email address: email@example.com.
If we provide notice to you, we will use the email address associated with your Account.
All notices will be deemed received as follows: (i) if by delivery by U.S. mail, two (2) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by email, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated.
If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.
13. Third Party Sites and Services
Spreesy may use third parties to provide certain services accessible through the Services (such as payment processing) or provide links to third party websites or services (collectively, “Third Party Services”). We do not control those Third Party Services or the services provided, and you agree that we will not be liable to you in any way for your use of such services or any charges incurred by you while using such Third Party Services. These Third Party Services may have their own terms of service and other policies. When you use those Third Party Services, you must comply with such terms and policies, as well as these Terms. You should make whatever inquiry you believe necessary and appropriate before proceeding with any transaction in connection with any Third Party Services. For example, the Services are currently designed to facilitate transactions through the Paypal checkout process. Paypal’s terms and conditions of use can be found here: https://www.paypal.com/webapps/mpp/ua/useragreement-full
Spreesy and the Spreesy logo are trademarks of Spreesy LLC, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Other trademarks and company names used on the Site or in connection with the Services are used with permission and may be trademarks of their respective owners.
15. Consent To Receive Electronic Communications From Spreesy Partner Marketers
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The parties to these Terms agree that the non-prevailing party to any arbitration shall pay any costs related to arbitration, including arbitrators’ fees and administration costs, and reasonable attorney’s fees. Judgment on any award may be entered in any court having jurisdiction.
Notwithstanding the foregoing, claims of infringement or misappropriation of another party’s patent, copyright, trademark, or trade secret shall not be subject to this agreement to arbitrate. Such claims shall be brought exclusively in the state or federal courts of King County, Washington. Additionally, notwithstanding this agreement to arbitrate, the parties shall not be precluded from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
16. Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND SPREESY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF AN ACTION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
If you do not wish to be bound by the class action waiver or individual arbitration provisions in this section, you must notify Spreesy in writing within 30 days of the date that you accept these Terms, unless otherwise required by law.
Your written notification must be sent to Attn: Legal, Spreesy LLC, 2121 6th Avenue #S2012, Seattle, WA 98121, or by email to firstname.lastname@example.org with “Arbitration” as the subject line, and must include: (i) your name, (ii) your mailing address, (iii) the email address included in your Account, and (iv) a clear statement that you do not wish to resolve disputes with Spreesy through individual arbitration.
17. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In appropriate circumstances and at the discretion of Spreesy, Spreesy may terminate your Account if you become a repeat copyright infringer. If you believe in good faith that any content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov for details).
Currently, an effective notice must contain the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site; (iii) identification of the claimed infringing material or subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your address, telephone number, and, if available, your email address; (v) a statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter notices with respect to the Services should be sent to Attn: DMCA, Spreesy LLC, 2121 6th Avenue #S2012, Seattle, WA 98121, or by email to email@example.com.
18.1 Successors and Assigns; Governing Law
These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Washington, without reference to conflict of law principles.
18.2 Entire Agreement
These Terms (including all of the policies and other agreements described in these Terms, which are incorporated herein by this reference) contain all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
18.3 No Waiver
No failure or delay by a party in exercising any right under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise of any such right.
18.4 No Partnership or Joint Venture
You and Spreesy are independent entities, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.
The headings used throughout these Terms are merely descriptive and are therefore not operative and have no legal or contractual effect.
18.7 Modification of Site and Services
We reserve the right to modify, restrict access to, or discontinue the Site or Services (or any portion of the Site or Services), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Site or Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Services shall be subject to these Terms.
19. Comments and Questions
If you have any comments or questions, you may address them to Spreesy LLC, 2121 6th Avenue #S2012, Seattle, WA 98121, or by email to firstname.lastname@example.org.