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 11th 2011 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.
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.
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 or graphic descriptions of the items for sale. You must have a valid PayPal account on file at all times.
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 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, you must sign up with a current active PayPal account.
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 30 days, Indie Mart has the right to shut down the sellers account and ban the seller from opening up any future accounts. 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 you can list unlimited items free of charge. 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:
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
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 products 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.