Indiemart Terms of Use

By using the Indie Mart website or other related websites where this agreement appears, you (the "user" or "you") are agreeing to the following terms and general principals of the website. If you have any questions please refer to the help section of the site. Before you may become a member of Indiemart, you must read and accept all the terms and conditions in the User Agreement and Privacy Policy. The Agreement is effective April 8, 2010, for current users, and upon acceptance for new users.

Liability

Indie Mart is a venue to allow users, who comply with Indiemart's policies, to offer, sell and buy certain items posted on the Indiemart site. Indiemart is not directly involved in the transactions between buyers and sellers. In no event shall Indie Mart, or (as applicable) Indie Mart's subsidiaries, employees, directors or suppliers be liable for any damages whatsoever, or be responsible for another user's content, actions or inactions or items that they list or ship. The site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere in a variety of pricing formats. Indiemart is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, legality, or safety of any items listed. Furthermore we can not guarantee the truth and accuracy of users' content or listings or the sellers' ability to sell items, ship them on time or the buyers' ability to pay for items. Indiemart can't ensure that a buyer and seller actually complete a transaction. As a result Indiemart does not transfer legal ownership of items from the seller to the buyer.

When purchasing digital files on the Indie Mart website, Indie Mart doesn't guarantee the safety of the files or their accuracy of content. Sellers may have uploaded files with viruses in them. You agree not to hold Indie Mart responsible for the content in the files. You understand that Indie Mart is a facilitator of the transaction and can not and will not be held responsible for the contents of any files uploaded onto its site for purchase.

You agree that Indiemart is a venue and as such is not responsible or liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our site. You use the Indiemart service at your own risk. Indiemart does not guarantee continuous, uninterrupted access to Indie Mart and operation of Indie Mart and may be interfered with by numerous factors outside Indiemart's control.

Regardless of the previous paragraph, if we are found liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees you paid to Indie Mart prior to the action giving rise to liability, and (b) $100.

Indie Mart's Policies

While using Indie Mart, you agree to the following:

You will comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition you must abide by Indiemart's terms of use.

You are 18 years of age or older. Individuals under the age of 18 will be suspended from the use of our site

You will keep your account information up to date at all times. To sell on Indiemart you must have a valid credit card on file with Indiemart at all times.

You will keep your password secure. You are responsible for all activity and liability and damage resulting from your failure to maintain password confidentiality. You agree to notify Indiemart immediately of any unauthorized use of your password. You also agree that Indiemart can not and will not be held responsible for your failure to keep your password secret.

All items will be posted in the appropriate category or areas of the site.

You will not post for sale or anywhere else on the site items which are illegal, counterfeit or stolen. Your content will not be misleading or inaccurate or infringe upon any third party's copyright, patent, trademark, trade secrets or other proprietary or intellectual property rights or rights of publicity or privacy.

You will not post content which is defamatory, harassing, or unlawful or distribute or post spam, chain letters, or pyramid schemes.

You will not distribute viruses or any other technologies that may hurt Indie Mart or Indie Mart users.

You may not transfer or sell your Indie Mart account. Furthermore any action created to undermine our vendor rating system is strictly prohibited and may be subject to termination or suspension from the use of Indie Mart.

You will deliver items within a specified period of time unless the buyer fails to meet the posted terms. Failure to deliver the item in a specified time could result in suspension or termination from Indie Mart.

You will pay any fees owed to Indie Mart during a specified time period. Failure to pay fees could result in immediate termination or suspension of the account.

When a digital file (any audio, video or electronic file downloaded on the site) is downloaded, it can not be replaced if lost for any reason. Once a product is purchased and downloaded it is your responsibility not to lose, destroy or damage the digital content. Indie Mart will be without violation to you in the event you lose damage or destroy the digital content.

Listing Requirements

You must be legally able to sell the item(s) on our site. You must accurately describe your item and all items on the Indie Mart site. Your items must be registered in the proper category. Your listings may only include text descriptions, video, audio or graphic descriptions of the items for sale. You must have a valid credit card on file at all times unless you are selling only digital content and no physical goods.

Fees and Services

You agree that Indiemart exclusively reserves the right to, and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. Indiemart shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. Indie Mart shall have no responsibility or liability for the interactions between users or the outcomes of these interactions, regardless of if these outcomes occur on or off the Indiemart website. Indiemart reserves the right, at its sole discretion, to disable or delete your Account and deny you access to Indiemart. If you paid for a premium account, Indie Mart will refund the prorated amount which you have paid for already. If Indie Mart terminated your account due to a violation of Indie Mart's policies, you acknowledge that any refund owing to you will be forfeited. If your account has been disabled, it constitutes an official notice that you are to no longer access or use Indie Mart. If you continue to use or cause access to Indie Mart, or create additional Account(s), after having your account disabled or receiving such notice, this will constitute a criminal breach of this agreement, and your activity will be deemed as trespassing and illegal. Indie Mart will, at its sole discretion, if Indie Mart deems it necessary, take appropriate legal action, for which the trespassing person will be required to cover all reasonable legal fees, including, but not limited to, attorney's fees.

To join and create an online shop on Indie Mart is free. In order to create a store on Indie Mart, Indie Mart has to have your credit card information on file. There are two types of selling structures on Indie Mart both of which contain different fees. Fees on the Indie Mart website will be listed in US Dollars (USD). If you don't have an American bank account, you will be charged an exchange rate fee in the event that IndieMart sends you money from the sale of your digital items.

You can sell either physical items or digital files which can be anything from music, video or text files, or you can have a store which sells both physical items and digital files. Paypal has been integrated on the Indie Mart website to allow our merchants to collect payments from their customers when they sell physical items.

As of the moment the payment gateway will only be used for the purchase of digital content on the Indie Mart site, as a way to collect payment for monthly fees from "Premium Membership" on Indie Mart and to collect % of sales transactions owed to Indie Mart. When fees are owed to Indie Mart, Indie Mart will send an invoice to the merchant, who is responsible to remit the fees. If the fees aren't paid within 10 days, Indie Mart will automatically charge the amount owing to them on the merchant's credit card on file with Indie Mart. If the total amount owing to Indie Mart is under $1, Indie Mart may choose not to collect payment until the fees are higher

As a merchant on Indie Mart selling physical items, you can list unlimited items free of charge. In addition a merchant selling on Indie Mart can choose to upgrade to a "Premium Membership" for a monthly or yearly fee. The benefits that are provided to premium members that regular members don't get include but aren't limited to, increased search rankings on the IndieMart website when customers search for items in specific categories, a decrease in the fees paid for selling physical items (non digital files). The perks and benefits of both free Indiemart shops and premium memberships are subject to change at any time. If changes occur to premium memberships that negatively impact the value of the membership, a refund will be given prorated to the remaining time on the membership. Changes to the fees will be incorporated fourteen (14) days after Indie Mart provides you with notice by posting it on the Indie Mart site. Indie Mart may wish to temporarily change its fee policies for special events and promotions, which would take effect immediately after posting the policies on the Indie Mart website.

Here is a list of Indie Mart's fees for free online store selling physical items:

There is a 2.9% sales fee that Indie Mart charges on the total of sales made. The total sales will include any fees for shipping which have been added to the product.

Here is a list of Indie Mart's fees for Premium Membership:

A premium member pays a set monthly fee which is subject to change and currently is $7.95 per month exclusive of any promotional discount. The $7.95 is deducted monthly unless the merchant has prepaid for a predetermined time frame. Premium Memberships when signing up for a yearly plan and prepaying for the entire year have a fourteen (14) day period after their initial sign to ask for a refund. If a premium member signs up for a monthly rate, they may cancel anytime and their premium membership will expire at the end of there monthly term. For example if a merchant pays for a monthly premium membership on September 24th and cancels the following week, the premium membership will expire on October 25th.

A premium membership gets unlimited listings. There is a no fee that Indie Mart charges on sales made by premium memberships.

The digital files sold on IndieMart can be text, audio or video. These files are uploaded onto the Indie Mart website by the merchant and then downloaded by buyers who purchased it. Indie Mart charges the merchants' fees every time one of their digital files is sold. Merchants do have the option to sell their digital files free of charge, in this case no fee will be charged to the merchant. Indie Mart charges a 15 cent per transaction fee and 5% of the purchasing price fee on all digital files sold. If the merchant sells a song for $1, the merchant portion of the revenue would be 80 cents; Indiemart would keep 20 cents (15 cents for the transaction and a 5% which is in this example 5 cent selling fee). If the selling price is $3, Indie Mart's fees would be 30 cents, (15 cents for the transaction and 5% of the sale price which is another 15 cents.) Any fee greater them 0 requires a transaction and has a 15 cent selling fee attached to it.

In the event that a merchant will sell an item and a fraction of a penny is owed to Indie Mart, Indie Mart will automatically round the fee up to the nearest cent.

Indie Mart will remit the money to merchants once there is a balance owing of $25 or more and only when the merchants request it. Any fees for transferring money from Indie Mart to the merchant will be paid in full by the merchant.

CONTENT

Indie Mart does not claim ownership rights in your Content. When you post content on our site, you grant us a non-exclusive, worldwide, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. Our right will continue until you delete such content from your store or delete your account. Indie Mart has the right to post your products and text in any format we see fit anywhere on our site. This may create a link back to your shop which will not have any cost associated with it unless you pay us for an ad campaign such as pay per click or cost per impressions. By posting content on Indie Mart it is possible for a third party to repost that Content. You agree to hold Indie Mart not at fault in this issue. If you display your Indie Mart hosted content on another website, you agree to provide a link back to the listing page on Indie Mart. Indie Mart undergoes different promotional activities on websites it doesn't own. By uploading your videos or songs onto the Indie Mart website, you agree that Indie Mart may use such content as promotional material in order to drive traffic to your site on Indie Mart and the Indie Mart website as a whole. The formats in which we may use your content includes, but are not limited to, blogs which we create, videos we upload on YouTube and any social networking site where we will try to showcase your website or product on Indie Mart.

RELEASE

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

GENERAL

If any provision of this Agreement is held unenforceable, then all remaining provisions of this Agreement shall remain in full force and effect. We do not guarantee we will take action against all breaches of the Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. If we amend the Terms of Use or any other important alterations to the Indie Mart site, you will be given email notification except as stated elsewhere, all amended terms shall be automatically effective 30 days after they are initially posted. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this agreement: Liability, Indie Mart's Policies and Fees and Services.