Please read these terms and conditions carefully before accessing or using this website and the Propped services (the “Site” and/or “Services”).
ACCEPTANCE OF TERMS
While Propped strives to link buyers with sellers of carefully curated vintage or handmade culinary products, Propped does not guarantee the quality or authenticity of any products sold or listed on the Site. Propped accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website. Propped is not directly involved with any transaction made between parties who engage in the buying and/or selling of goods on the site.
As used herein, “Seller” shall mean any party who opens a shop on the Site, and “Buyer” shall mean any party who registers with the Site to shop online. “You” will collectively refer to any party who accesses and/or utilizes the Site in any manner.
To access and utilize this Site you must comply with the following restrictions: Propped Services are only available to users who are 18 years of age or older. Site users who under 18 years of age must be supervised by a parent or legal guardian over the age of 18 in order to participate. The parent or legal guardian assumes responsibility of all activities carried out by the user. Site users hereby agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.
SELLER’S REPRESENTATIONS AND COVENANTS
1. By registering with and using the Propped Site and Services, Sellers represent that:
a. You have the authority to enter into legal contracts;
b. You have legal title to and ownership of the products and the content included on the Site, including all intellectual property rights; and
c. The information you have provided us during the registration process and thereafter, including all information relating to your items for sale, whether or not posted on the Site, is to the best of your knowledge complete, truthful and accurate;
d. You agree to the terms of the Propped Vendor Agreement, provided to you upon your registration as a Seller.
2. Sellers further agree to the following general principals in dealings with Propped and Propped Buyers:
a. Deal with Propped and its Buyers in good faith;
b. Honor the terms of sale and comply with all Propped policies posted on the Site;
c. Refrain from any offensive conduct while using our Site or engaging with ay Buyer;
d. Provide your real, verifiable name, and allow us to check periodically your identity by requesting for verification as may be reasonable and appropriate, at our sole discretion;
e. Refrain from any disruptive practices such as spamming, hacking, improper harvesting and use of user information, or distributing viruses or any technology that may harm the Site or any Seller or Buyer;
f. Refrain from the violation of any laws, third party rights, or any of our policies posted on the Site.
3. Propped may, at our sole discretion, and without notice, terminate this Agreement, the Propped Vendor Agreement, and restrict or terminate your access to the Site and to any Buyer, upon your breach of any of the above representations and covenants.
Propped requires a PayPal account for all payment processing. PayPal is a certified Level 1 PCI credit card payment processor. They process payments and transfer the funds directly to your bank account. PayPal charges separate credit card processing fees. Propped is not responsible for any disputes relating to, or arising out of the purchasing/payment process.
Propped maintains sole authority and discretion to operate and maintain the Propped site. Propped reserves the right to remove any item, image, or posting from the site at any time for any reason, without notice to any Seller.
Propped is not responsible for addressing or assisting with any disputes or complaints between Sellers and Buyers. In the event of a claim or dispute, the Seller shall communicate directly with the aggrieved party in resolving such concern.
In the event we receive a complaint concerning a Seller, Propped will investigate the complaint at its sole discretion and reserves the right to refuse service to anyone or reject any to discontinue any Seller’s membership. Propped also reserves the right to sever the relationship with any Seller due to unprofessional conduct or practices, Buyer complaints, listing components or items that do not meet site listing requirements, and/or any other issues which Propped considers, at its sole discretion, to be inconsistent with the business and reputation of our business and Site.
RELEASE OF CLAIMS
Propped acts as the venue for Sellers to conduct sales and for Buyers to purchase items offered by the Sellers. We are not involved in the actual transaction between Buyers and Sellers. In the event you have a dispute with a Seller or with a Buyer, you hereby release Propped, LLC (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes.
INTELLECTUAL PROPERTY RIGHTS
“Propped” is a trademark of Propped, LLC. This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.
Propped takes intellectual property rights very seriously. We comply with intellectual property laws and best practices in order to maintain the integrity of our marketplace.
If you would like to submit a notification of alleged infringement, please send an email to firstname.lastname@example.org entitled “NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT,” providing the following information: (1) the intellectual property right(s) at issue, including proof of ownership, (2) identity of the Seller at issue, and (3) description of the alleged infringing activity.
Propped deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). Please also direct any notices under DMCA to email@example.com.
Propped strives to respond quickly upon receiving a notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Propped removes or disables access in response to a notice, Propped makes a reasonable attempt to contact the allegedly infringing party. Propped may also provide a copy of the notice to the allegedly infringing party.
When you provide Propped with content, you grant Propped a non-exclusive, worldwide, perpetual, irrevocable, royalty-free 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.
Propped reserves the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Propped, its parent, affiliates, subsidiaries, or agents other than pursuant to these Terms and Conditions.
This Agreement is terminable at any time by any party.
LIMITATION OF LIABILITY
Propped does not manufacture, store or inspect any of the items sold through its Site, Propped merely provides the venue. The items on the Site are produced and sold directly by independent sellers, so Propped cannot and does not make any warranties about their quality, safety or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Propped from any claims related to items sold through our Site, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Propped is not responsible for the actions or inactions of any Buyer or any Seller on the Site. Propped is not involved in the actual transaction between Sellers and Buyers and does not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated.
To the extent not prohibited by law, in no event shall propped be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use our Site and Services, however caused, regardless of the theory of liability (contract, tort or otherwise).
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of our Site and Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Our Site and Services are provided “as is” and with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to our Site and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of our Site and Services, that the functions contained in our Site will meet your requirements, that the operation of the Site will be uninterrupted or error-free, or that any defects in the Site will be corrected. No oral or written information or advice given by Propped or a propped authorized representative shall create a warranty.
You will indemnify and hold Propped (and our 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 use of this Site or breach of this Agreement, or your violation of any law or any rights of a third party. You release Propped from any claims, demands and damages arising out of disputes with other users or parties.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
NON-UNITED STATES RESIDENTS
Propped makes no representation that any materials in the Site, including any copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
GOVERNING LAW; SEVERABILITY
This Agreement will be governed by and construed in accordance with the laws of the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
You agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in New York County, New York, except as otherwise agreed by the parties.
Unless specifically provided otherwise, all notices under this Agreement will be provided via email. Our address for notices is: Propped, LLC, 1012 Grand Street Hoboken NEW JERSEY 07030, Attn: Legal Department; email: firstname.lastname@example.org. Notices from us to you shall be sent to the email address you provided to us during your registration process.
This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.
In addition to this Agreement, there are other policies governing the buying and selling which we may provide to you in connection with the registration process. Our policies may be changed from time to time and such changes take effect when we post them on the Site, or when they are emailed to the email address you provide. When using the particular services on the Site, you are subject to any posted policies applicable to services you use through the Site, which may be posted from time to time. You agree to observe and act in accordance with the policies during the term of this Agreement.
Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.