CONDITIONS THAT ARE LEGALLY BINDING REGARDING YOUR USE OF THE WEBSITE
FOR BUYING AND/OR SELLING PURPOSES, AS WELL AS ANY OTHER WEBSITE
PARTICIPATION THAT YOU CHOOSE. ALL SERVICES PROVIDED BY DRIFTWOOD MALL
ON THIS WEBSITE ARE AGREED TO BY YOURSELF, ONCE YOU TICK THE 'AGREE' BOX
By using this website in any manner, including but not limited to
visiting, browsing, buying, selling or interacting with others, you (the "user") agree that you are always bound by this Agreement, including any and all terms, conditions
and policies referenced in this document and available at all times by link from the website. This
Agreement applies to any and all users of the website, including without limitation
users who define themselves as, or are defined by us as vendors, sellers, customers, buyers, merchants, browsers, contributors or participants in any other services offered by this site. If you are signing up as a buyer or seller on behalf of a business, company or other entity, you agree that you are responsible for any use of the website on behalf of that business, company or other entity and throughout this agreement where 'you' or 'the user' is referenced, this will apply to the business, company or entity you represent.
1. Driftwood Mall is a Marketplace
is not directly involved in any transaction between those who sell and those who buy.
Because of this, Driftwood Mall has no control over and will not legally pursue any transactions that result in liability for either party. We have no involvement in quality, safety, morality, accuracy or
legality of any aspect of the items listed. We do not monitor the abilities of any user to accurately list, describe, create or sell items, and we likewise, we have no involvement in the ability of buyers
Driftwood Mall has no involvement in the transfer of legal ownership of any items from the seller to the buyer of that item.
Driftwood Mall cannot and does not guarantee any aspect or trait of any user, including but not limited to his or her true identity, age, nationality or ability to buy and sell on the site. Driftwood Mall encourages direct communication between parties regarding potential transactions. Driftwood mall offers contact tools on the site, and if necessary, you may wish to consider using third-party services that may provide additional verification of user details and identity.
2. Content and Product
You agree that Driftwood Mall is a marketplace and as such is not responsible or
liable for any content or products listed or posted by yourself, any other user or any outside party.
For the purposes of this agreement, 'Content' is defined as, but is not limited to information, usernames,
graphics, images, photographs, profiles, audio, video, items, links
posted by you, other users, or outside parties and any other data provided by any user. You agree to use and understand the content provided by Driftwood Mall at your own risk.
For the purposes of this agreement, 'Product' is defined as, but is not limited to any item listed in any category on the site. Examples of product may include art, clothing, edibles, furniture, supplies and other handcrafted items. You agree to understand representation of any product posted by any user at your own risk.
2. Eligibility for Marketplace Use
warrant that you are 18 years of age or older, and that all registration
information you submit is truthful, accurate and up-to-date. Driftwood Mall may, in its sole
discretion, refuse to offer access to or use of the website to any person
or entity, and we may also change eligibility requirements or criteria at any time. This
provision is void where prohibited by law and the right to access this website is revoked in any applicable jurisdictions. Any individual who is under the age of 18 and wishes to use our services must, at all times, be under the supervision of or use the site in conjunction with a parent or legal guardian who does meet the age requirements. When this is the case, the adult shall be deemed the responsible user and as such, is responsible for any and all activities that take place on the website under the account name.
You agree to comply with all local laws
regarding online conduct and acceptable content. You are responsible for
all applicable taxes as required by law. Additionally, you must abide by all policies as
herein by reference. Any of these terms, policies, procedures or operating rules may be updated by Driftwood Mall at any time without prior or subsequent notice to you.
In addition to the above, certain and particular services offered through the website may be subject to
additional terms and conditions. Your use of these services is subject to those additional terms and
conditions, which are incorporated into this Agreement by this
3. User Registration and Account Information
It is your responsibility to keep your password secure. You are fully
and solely responsible for all activity, liability and damages resulting from your
failure to keep your website and account passwords confidential. You agree that Driftwood Mall cannot and will not be liable for any
loss or damage resulting from loss of account integrity.
Driftwood Mall will never ask for your username and password information, and as such, you should never provide this information to other parties in any form, including but not limited to verbally, written or via email, forum participation, signature use, etc. If you suspect a breach of account security, please contact the site administrators immediately.
information, including a valid
email address and contact info, must be kept accurate and up-to-date at all times. To sell items on the Driftwood Mall website, you must provide and maintain valid
payment information, which consists partially of a valid
PayPal account. This is how you will be paid for your transactions. PayPal is a free service upon signup, with fees charged only when money is accepted.
You may not transfer or sell your Driftwood Mall account or User ID to another party. If you are registering using a business name or entity, you agree to personally guarantee that you have the authority to
available to temporarily or indefinitely suspended or blocked members. We
reserve the right, in our sole discretion, to cancel unconfirmed or
inactive accounts. Driftwood Mall also reserves the right to refuse service to anyone,
for any reason, at any time.
4. Site Fees and Account Termination
Joining the Driftwood Mall and setting up your own shop or listing products or services on the site is free of charge. There are also currently no fees for listing items on the site. Driftwood Mall charges a percentage fee of the sale price of an item, once the transaction sale of that item is complete. Driftwood Mall's fee policy is subject to change and is incorporated into this Agreement by
reference. If changes are made to our fees policy, they will become effective, at minimum, 15 days after providing notice by posting the changes on the site. If a new service is offered by Driftwood Mall, fees for that service will be
effective at the launch of the service, and updates to the policy will be immediately disclosed. Unless otherwise stated, all
fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes
associated with using our services. Driftwood Mall keeps your PayPal account information on file, and payments are made directly at the time of each sale. Buyers shall pay using a credit card via the PayPal service, and each transaction amount will be split between the seller and Driftwood Mall, as per the current fees policy. There are no monthly fees and sellers will not be billed for any transactions.
Fees and Termination: In the event that Driftwood Mall terminates your account and there is any outstanding balance remaining, you are obligated to
pay all outstanding fees plus penalties, if applicable. If you have any questions or wish
to dispute any charges, please contact us.
4. Buying, Listing and Selling
'Buyers' are designated as such when they become users of the site who make a purchase of any item listed for sale. Buyers are obligated to complete all purchases by following through with the checkout process on the website and facilitating payment once a sale is complete.
'Sellers' are designated as such when they become users who list, promote, market and/or sell items or products on the site. Sellers are obligated to complete all transactions by following through with acceptance of the final payment and shipping or mailing items purchased by any buyer.
To become a seller, you must signup for a free Driftwood Mall user account and then click 'Apply for a Shop'. Your application will be reviewed and you will receive notification if you are approved. At that point you will be eligible to begin listing and selling your items in the marketplace.
By listing any item on the website, all sellers agree that all aspects of the item comply with the published policies of Driftwood Mall and any applicable local, state and/or federal laws.
You are required to describe the item accurately, as well as all terms of each sale. These descriptions and terms must be published in each item's description upon creation of the item listing. Your listings may only include text descriptions, graphics,
pictures and other content relevant to the sale of that item. All items
must be listed in the most fitting category and must be titled appropriately, avoiding spam or any content deemed inappropriate. Each
listing must accurately and completely describe the item/items for sale
in that listing. You are welcome to offer custom listings, ensuring that potential customers understand that contact with you is required to make choices and decisions on qualities such as color, size and other factors.
All sellers are urged to outline their own policies, terms and conditions for their shop at Driftwood Mall. At this time, policies must be included in each listing. Your personal shop policies may include, for example,
shipping terms, returns policies, payment policies and selling conditions. Sellers must create
reasonable policies in good faith and must abide by those policies. All
your personal shop policies must comply with site-wide policies stated by Driftwood Mall. Sellers are
responsible for enforcing their own reasonable shop policies. Driftwood Mall
reserves the right to request that a seller make changes to his or her personal shop policy.
Once a sale is final and payment has been received, the seller is
obligated to ship the item/items or otherwise complete the transaction with
the buyer in a prompt manner. Likewise, the buyer is obligated to deliver payment for items purchased in a prompt manner, usually directly after the order is completed.
The price stated in each seller's item listing
description must be an accurate representation of the sale. Sellers may
charge reasonable fees for shipping and handling which are used to cover mailing and packaging costs. Sellers may not charge excessive
or inflated shipping fees or otherwise avoid fees on the Driftwood Mall site. You may not alter the item's
price after a sale for the purpose of avoiding transaction fees. You agree that you will not misrepresent the item's location or use any other another user's information without
Sitewide policy at Driftwood Mall includes no additional item shipping fees. You must include any shipping fees in the sale price of each item. You have the option, when creating a listing, to choose which countries you are willing to ship to.
There will be no refunds made by Driftwood Mall. The commission you pay upon final sale of an item is automatically transferred to the Driftwood Mall account. In the event that your customer requests a refund, for any reason, it is up to you to work with that customer fairly and in good faith. Driftwood Mall will not refund any commission fees.
5. Prohibited, Inappropriate and Infringing Items and Activities
You are solely responsible for your conduct and activities on the Driftwood Mall site, and any and all activities that take place outside of the website, but are regarding your Driftwood Mall shop. This includes any and all data, text, information, usernames,
graphics, images, photographs, profiles, audio, video, items, and links that you submit, post, and display on the website.
- You will not post false, inaccurate or misleading information anywhere on the site, including but not limited to your user account, your product or content listings, comments, forum posts or otherwise.
- You will not interfere in any way with others' enjoyment or use of the Driftwood Mall site.
- You will not selling any items or services which are illegal, counterfeit, stolen or otherwise fraudulent
- You will not infringe upon any copyright, patent, trademark, trade
secret or other proprietary or intellectual property rights or rights of
publicity or privacy or any other individual, business, company or entity.
- You will not violate these Terms and Conditions in any way.
- You will not list and/or sell any items that have been identified as hazardous or subject to a recall
- You will not including any defamatory, trade libelous, unlawfully threatening, unlawfully
harassing, impersonating or intimidating words, phrases, descriptions or images in any listing.
- You will not falsely impersonate any person or falsely state or otherwise misrepresent your
affiliation with any other person. This can include but is not limited to the use of similar
email addresses, nicknames, or creation of false account(s) or any other
- You will not use, list or refer to obscenities or pornography.
- You will not use, contain, transmit or be involved in the transmission of any code of a destructive nature that may
damage, interfere with or involve in any way system data, website content or user information or accounts.
- You will not store, collect, disclose or sell any personal or user information, except where it specifically applies to your involvement in a particular transaction.
- You will not host images that are not part of your seller listings and items.
- You will not modify or hack the Driftwood Mall website or use another website to falsely imply that it is associated with the Driftwood Mall site.
- You will not appear to create liability for Driftwood Mall or cause Driftwood Mall any loss or liability in regards to accounts, services or partner obligations, including but not limited to ISPs, hosting or other suppliers
- You will not link directly or indirectly, or referencing any items that contain descriptions of
goods or services that are prohibited under this Agreement or other terms set forth by Driftwood Mall
- You will not list any item on Driftwood Mall, or involve yourself in any transaction initiated by our services, that could cause Driftwood Mall to violate
any applicable law, ordinance, regulation or related statute, or that violates
- You will not post, list, sell, attempt to sell, advertise, reference or link to any of the following:
- content that promotes or references illegal activity
- content that involves pornography of any kind, including but not limited to adults, children or animals
- content that is proprietary, confidential or infringes on copyright, trademark or registration rights
- content that is objectionable in any way, including but not limited to abuse, hate, harassment, racial, sexual, obscene, vulgar, etc.
- content that requires any fee or membership above and beyond the final payment price of the product listing
- content that specifies or references spam, chain letters, pyramid schemes, solicitation or unauthorized advertising
- content that links to, references or lists outbound links to any other website
- content that references, lists or attempts to market, advertise or sell firearms, explosives, weapons, controlled substances, fake or counterfeit items, stolen items, dangerous items, or items that are illegal or would cause Driftwood Mall to violate any local, state or federal laws
6. Site Content and Site Use Licenses
Driftwood Mall does not claim ownership rights to any content submitted via the website. You agree to grant Driftwood Mall a license enabling us to use any
information, content or images you supply, in keeping with any rights you might have to that Content. You grant Driftwood Mall a
perpetual and non-exclusive, worldwide, irrevocable right that is royalty-free and sublicensable through multiple tiers. You grant us this right to exercise the copyright,
publicity, and database rights you have to said content, in any media with respect to said content. You agree to allow Driftwood Mall to store or re-format your content
on the website and to display said content in in any way chosen.
As part of a transaction, you may obtain record of other party's personal information,
including email addresses and shipping information. This
personal information shall only be used for that particular transaction or for
other communications related to the website or sales. Driftwood Mall does not grant you a license to use any information for unsolicited commercial messages. You are not
licensed to add any user to your email lists or physical mailing list.
By posting content on the Driftwood Mall website, it
is possible for a third party to repost that content. You agree to hold Driftwood Mall harmless for any disputes concerning this
use. If you choose to display your own Driftwood Mall images on another
website, or invite other parties to display those images, the images must provide a link back to the original listing page on the Driftwood Mall site.
7. Control of Information
Driftwood Mall does not control any content provided by users that is made
Additionally, there may also be risks dealing with international
trade and foreign nationals. By using the Driftwood Mall website, you agree to accept such
risks and that Driftwood Mall and any associated parties are not responsible for any
and all acts or omissions of users on the site. Please exercise caution, common
sense, and practice safe buying and selling when using Driftwood Mall and its services.
Driftwood Mall is not responsible for any resulting consequences arising from linking to other outside websites or resources referenced on
the website. Driftwood Mall does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available
from such websites or resources. You agree that Driftwood Mall shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through
any such websites or resources.
8. Resolution and Release of Disputes
In the event a dispute arises between you and Driftwood Mall, please contact us for resolution.
Should you have a dispute with one or more users, or an outside
party, you agree to release Driftwood Mall and any associate parties from any and all claims,
demands and actual or consequential damages of every kind and nature. This may include but is not limited to claims, demands and damages that may or may not be
known, may or may not be currently suspected and may or may not be currently disclosed. Driftwood Mall is released from any claims, demands and damages arising from or connected in any way with said disputes.
Driftwood Mall encourages users to report any applicable dispute to your local authorities, including law enforcement officials, postmaster general, or any certified mediation or arbitration
For the benefit of all involved, Driftwood Mall may attempt to get involved to assist with dispute resolution. Driftwood Mall does so at our sole discretion, and are under no
obligation to resolve any aspect of disputes between users or between users and
outside parties. Driftwood Mall may attempt to resolve a dispute to any extent and if this is the case, we may offer a good faith effort based on our policies and desire to provide a safe, exciting and forward-progressing marketplace. Driftwood Mall will not make judgments regarding legal issues or claims.
9. Site Access and Interference
Additionally terms that you agree to follow include:
- You will not copy, recreate, reproduce, change, modify, create derivative works from, sell, distribute or
publicly display any other user content from the website except where expressly permitted by and in compliance with these Terms.
- You will not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.
10. Breach of Terms
Driftwood Mall may, without prior notice, and
without refunding any fees, delay or immediately remove content, display warnings of a user's actions, issue warnings to particular users,
temporarily or permanently suspend or block particular users, temporarily or indefinitely suspend a user's
account privileges, terminate a user's account, prohibit access to the website, and/or take technical and legal steps to keep a user off the website and
refuse to provide services to a user if suspicion of breach of this agreement or other company policies arises.
protected by up-to-date technological security.
12. No Warranty
DRIFTWOOD MALL AND ANY PARTNERS OR ASSOCIATED PERSONALS PROVIDE THIS SERVICE AND WEBSITE TO YOU ON AN "AS IS" BASIS WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SPECIFICALLY, DRIFTWOOD MALL DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN
ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU
FROM DRIFTWOOD MALL SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL DRIFTWOOD MALL OR ANY ASSOCIATED PERSONS, PARTIES OR PARTNERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER, RELATING TO OR ARISING FROM CONDUCT BY YOURSELF OR ANYONE IN CONJUNCTION WITH USE OF THE DRIFTWOOD MALL SITE. THIS INCLUDES BUT IS NOT LIMITED TO DIRECT DAMAGES, INDIRECT DAMAGES, GENERAL CONSEQUENCES, SPECIAL CIRCUMSTANCES, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD DRIFTWOOD MALL 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 THE DOCUMENTS IT INCORPORATES BY REFERENCE,
OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. No Site or Access Guarantee
Driftwood Mall does not guarantee continuous, uninterrupted access to the website. Operation of the website may be interfered with by numerous factors
outside our control.
16. No Partnership
You and Driftwood Mall are each independent contractors and imply no contracts other than Terms stated in this document. There is and will be no agency, partnership,
employee/employer relationship, joint venture, franchiser/franchisee relationship intended or created by this Agreement.
18. Driftwood Mall Services
Driftwood Mall reserves the right to modify or terminate the services for
any reason, without notice, at any time. Driftwood Mall reserves the right to
review the policies frequently. If a material change is made, you will be notified here, by email, by means of a notice on our home page,
or other places deemed appropriate. What constitutes a "material
change" will be determined at our sole discretion, in good faith, and
using common sense and reasonable judgment.
19. Choice of Law
This Agreement shall in all respects be interpreted and construed
with and by the laws of the State of Oregon, excluding its conflicts
of laws rules, and the United States of America.
Effective Date: March 30, 2012
Updated: March 30, 2012