Welcome and thank you for your interest in GlobeIn World, Inc. (“GlobeIn”), and our website located at www.globein.com (the “Site”).
Returns and exchanges
We hope that you love your new GlobeIn products! As GlobeIn products are unique, handcrafted, and/or specially designed by artisans, we do not offer refunds or exchanges for most products. Please carefully read the following information here:
Acceptance of the Terms
You must be an individual at least 13 years old to use the Service and must not have previously been removed or suspended from the Service for any reason. Certain plans or activities presented through the Service may have other age restrictions. By using the Service, you represent that (i) you are at least the minimum required age (in no case less than 13 years old) or and in any case that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and (ii) have not previously been removed or suspended from the Service. Further, by using or registering for the Service, you agree to abide by and comply with these Terms, and you acknowledge that you are accepting the benefit of the Service, subject to these Terms.
GlobeIn grants you permission to access and use the Service as set forth in these Terms and consistent with the intended features of the Service, provided that you do not reproduce, modify, publicly display, publicly perform, or distribute any part of the Service, including any materials obtained from or included within the Service and you do not engage in any of the prohibited uses described below.
Account Information & Responsibilities Of Registered Users
In order to access some features of the Service, you will have to create an account. You hereby represent and warrant that the information you provide to GlobeIn upon registration (including information provided through your linked Facebook account, as applicable, or other third party Linked Accounts, as defined below), and at all other times, will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
As a registered User, you will have login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify GlobeIn by e-mail to firstname.lastname@example.org. You are solely responsible for your own losses or losses incurred by GlobeIn and others (including other users) due to any unauthorized use of your account that occurs prior to notifying GlobeIn that your account was compromised.
Ownership; Proprietary Rights
The Service is owned and operated by GlobeIn. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Service provided by GlobeIn ("Site Content") are protected by the United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Site Content is the copyrighted property of GlobeIn or its subsidiaries or affiliated companies and/or third parties, except for User Content, to which you retain your copyrights. You agree and understand that Site Content may include Third Party Content, as set forth in further detail in Section 6, below. All trademarks, service marks, and trade names are proprietary to GlobeIn or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Site Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of GlobeIn or any third party.
Third Party Content
GlobeIn may contain or display through the Services various information, and other materials or content from third parties, including User Content (“Third Party Materials”). The display on or through the website and Services of such Third Party Materials does not in any way imply, suggest, or constitute any sponsorship, endorsement, or approval of GlobeIn by any such third party or any affiliation between any such third party and GlobeIn. Furthermore, in using and accessing the Service, you agree that GlobeIn is in no way responsible for the accuracy, timeliness, or completeness of Third Party Materials. GlobeIn’s display of specific Third Party Materials does not suggest a recommendation by GlobeIn of the third party or any products, plans or service offered. Your interaction with any third party accessed through the Service (whether online or offline) is at your own risk, and GlobeIn will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the third party.
The Service may contain references or links to third-party materials and services not controlled by GlobeIn or its suppliers or licensors. GlobeIn provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that GlobeIn is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service.
User Content and Intellectual Property
The Service allows Users to submit, post, and share content such as text, photos, audiovisual content, and other media content, including any materials submitted in connection with the posting of Artisan Profiles (defined below) (“User Content”). You retain all your rights in User Content, but if you choose to provide any User Content to GlobeIn, we require a license to such User Content.
While GlobeIn may now or in the future provide certain tools to aid you in controlling access by others to your User Content, GlobeIn cannot guarantee any anonymity or confidentiality with respect to any User Content, and strongly recommends that you think carefully and use good judgment about what you submit to the Service. You understand that all User Content is the sole responsibility of the person who generated such User Content. This means that you, and not GlobeIn, are entirely responsible for User Content that you make available through the Service.
You retain all of your ownership rights in original aspects your User Content. By providing User Content to GlobeIn you hereby grant GlobeIn and its affiliates, sublicensees, partners, designees, and assignees of the Service (collectively, the “GlobeIn Licensees”) a non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, transferable, worldwide license, without obligation, to use, reproduce, distribute, modify, adapt, publicly display, publicly perform, and otherwise exploit your User Content and derivatives thereof in connection with the Service and GlobeIn’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Service (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
You grant GlobeIn the right to use your name and/or likeness and/or any name and/or likeness that you submit in connection with your User Content if GlobeIn should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, or in connection with a fictional name or persona or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You hereby grant GlobeIn a non-exclusive, perpetual license to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for the purpose of operating and promoting the Service.
You are solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize GlobeIn to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable the use of User Content in the manner contemplated by these Terms, and to grant the rights and license set forth herein, and (ii) your User Content, GlobeIn’s or any GlobeIn Licensee’s use of such User Content pursuant to these Terms, and GlobeIn’s or any GlobeIn Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity of any other person; (c) violate any applicable law or regulation, or constitute any false or misleading advertising or unfair business practice; or (d) require obtaining a license from or paying royalties to any third party for the exercise of any rights granted in these Terms. User Content Prohibited Uses. In connection with your User Content, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage GlobeIn or any third party; (ii) use any copyrighted content owned or controlled by a third party without obtaining the necessary permissions, licenses and authorizations for the use of such third-party content; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business, or any “shill” or otherwise financially motivated reviews or other User Content related to any listings or information available through GlobeIn, or any rating, review, or feedback; (v) impersonate another person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity or the source of any information you submit; (vi) post User Content that would be harmful to minors in any manner; or (vii) reproduce, distribute, publicly display, publicly perform, adapt, or otherwise publish or cause to be published any other user’s User Content except as permitted by these Terms and the features of the Service.
GlobeIn makes no representations that it will publish or make available any User Content on the Service, including without limitation any Artisan Profiles, and reserves the right, in its sole discretion, to reject or remove any User Content at any time with or without notice. Without limiting the generality of the preceding sentence, GlobeIn complies with the Digital Millennium Copyright Act, and will remove User Content upon receipt of a compliant takedown notice (see Section 10 titled “Digital Millennium Copyright Act”, below).
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU WILL BE EXPOSED TO USER CONTENT AND THIRD PARTY CONTENT FROM A VARIETY OF SOURCES, AND THAT GLOBEIN IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT OR THIRD PARTY CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT AND THIRD PARTY CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST GLOBEIN WITH RESPECT THERETO. GLOBEIN DOES NOT ENDORSE ANY USER CONTENT OR THIRD PARTY CONTENT, OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN. UNDER NO CIRCUMSTANCES WILL GLOBEIN BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY USER CONTENT OR THIRD PARTY CONTENT.
Monitoring User Content; Removal of Content
GlobeIn does not control User Content and does not have any obligation to monitor such User Content for any purpose. GlobeIn may choose, in its sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so GlobeIn nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content, and GlobeIn assumes no responsibility for the conduct of the User submitting any User Content. You acknowledge that GlobeIn may or may not pre-screen User Content, but that GlobeIn and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Service. Without limiting the foregoing, GlobeIn and its designees may, at any time and without prior notice, remove any User Content that in the sole judgment of GlobeIn violates these Terms or is otherwise objectionable, or for any other reason, with or without notice and with no liability of any kind. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Content. You should exercise your independent discretion and judgment before downloading any other User Content.
Digital Millennium Copyright Act Compliance
GlobeIn respects the rights of copyright owners and expects its users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Service or used in, whole or in part, in any User Content.
B. User Content If you upload User Content that contains any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, then you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Service and grant the rights granted herein. In addition to being grounds for removal of your User Content, termination of your account, and any other remedy GlobeIn may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability, the damages for which can be significant.
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing GlobeIn’s Designated Copyright Agent with the following information in writing:
(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 on the Service are covered by a single notification, a representative list of such works on the Service;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GlobeIn to locate the material;
(iv) information reasonably sufficient to permit GlobeIn to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is GlobeIn’s policy to respond to notices of alleged infringement that comply with the DMCA. In addition, GlobeIn will promptly terminate without notice the accounts of Users that are determined by GlobeIn to be “repeat infringers.” If GlobeIn receives more than three takedown notices regarding a User’s User Content, then that User will be considered a repeat infringer and their account will be terminated.
GlobeIn’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Copyright Agent, GlobeIn World, Inc., 799 Castro St, San Francisco, CA, 94114, or by electronic mail at email@example.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to GlobeIn customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Buying and Selling Items
GlobeIn provides a venue where Artisans can sell items directly to Buyers. GlobeIn merely provides a platform to enable such sales over the Internet, and is not a party to the sales transactions that occur between Users, which are directly between the applicable Artisan and Buyer. As such, GlobeIn makes no representations as to the accuracy of any item description, or the quality, safety or legality of items sold on the Site, the ability of Buyers to pay for items ordered or the ability of Artisans to fulfill orders, or the true identity of any Artisan, Artisan Helper, Buyer or other User, and expressly disclaims any and all warranties with respect thereto. By using the Site to conduct a transaction whether acting as an Artisan or a Buyer, you agree that any such transactions are conducted at your own risk.
GlobeIn currently has paid staff (“Country Managers”) in the following countries: Kyrgyzstan, Mexico, Moldova, Russia, and Uzbekistan (a single country a “Supported Country”, collectively “Supported Countries”). Country Managers are available to provide Artisans with Fulfillment Services as well as assist Buyers wanting to communicate directly with Artisans. An Artisan residing in a Supported Country is not required to utilize the assistance of a Country Manager, so long as the Artisan agrees to comply with Section 14(B) of these Terms.
All Artisan Profiles created for Artisans living in Supported Countries, regardless of whether or not Artisans waive the Fulfillment Services (defined below), must be approved by a Country Manager before the Artisan Profile can be posted to the Site. A Country Manager may accept or reject any Artisan Profile in its sole discretion, or remove an Artisan Profile after having previously accepted it at any time. GlobeIn takes no responsibility for such decisions effects, financial or otherwise, on Artisans
Payment Processing and Fees
Artisans and Artisan Helpers may create an “Artisan Profile” (i.e. a posting on the Site featuring pictures and/or videos of the Artisan and the items the Artisan is offering for sale) for free. Artisans in Supported Countries have the option of either handling their own shipping and fulfillment for orders placed through the Site or utilizing a Country Manager to handle shipping and fulfillment (“Fulfillment Services”). For Artisans utilizing Fulfillment Services (“Supported Artisans”) GlobeIn will add a 25% listing premium to every item sold through the Site. By way of example, if a Supported Artisan lists an item for $10 on the Site, GlobeIn will add a $2.50 premium to listing price, so that potential Buyers will see a list price of $12.50. If a Buyer purchases the item, the Supported Artisan will receive $10 and GlobeIn will receive $2.50. For Artisans who waive GlobeIn’s Fulfillment Services or live outside a Supported Country (collectively “Unsupported Artisans”) GlobeIn will add a 5% listing premium to every item the Unsupported Artisan lists on the site. These premiums will be accumulated and collected by GlobeIn on a monthly basis by sending a bill to the Unsupported Artisans. GlobeIn reserves the right to change or modify its service fees at any time and for any reason.
When a Buyer purchases an item on the Site from a Supported Artisan, a single, direct payment is made to GlobeIn for the total amount of the sale. After receiving payment GlobeIn will distribute amounts owed to Supported Artisans in a manner of GlobeIn’s choosing, which may include, without limitation, cash, electronic delivery, direct deposit, or physical check. GlobeIn will not accept payments on behalf of Unsupported Artisans for any reason. Unsupported Artisans are responsible for their own payment processing and must set up individual accounts with PayPal or other similar services to facilitate sales through the Site.
Unsupported Artisans are responsible for all customer refunds and any chargebacks incurred as a result of disputed transactions involving the Unsupported Artisan. A chargeback occurs when a credit cardholder contacts their bank to dispute a charge. A Buyer may contact his or her bank to initiate a chargeback if the Buyer is dissatisfied with the purchase (i.e. the items never arrived or when they arrived the items weren’t as advertised) or when the purchase was unauthorized (i.e. made by someone other than the cardholder). For each chargeback that occurs, GlobeIn will charge the Unsupported Artisan a $25 USD fee. This fee will be deducted from any amounts owed to the Unsupported Artisan or if no amounts are due the Unsupported Artisan will be sent an electronic invoice, payable upon receipt. GlobeIn will handle all refunds and chargebacks for Supported Artisans.
Artisan Requirements and Responsibilities
By listing items on the Site you represent that you are at least 18 years of age and will (i) maintain accurate, up to date GlobeIn user account information that includes your true identity, physical address, and where applicable, e-mail address and phone number; (ii) accurately describe the item(s) you are offering for sale and refrain from making any deceptive, misleading or false claims about the item (including without limitation the condition or utility of the item); (ii) not offer or sell any item which is illegal, controlled, or regulated, or is on our list of Prohibited Items [Link to Prohibited Items List]; and (v) not list any item for sale on the Site with a list price of over $100 USD without prior approval from GlobeIn. Artisans may create only a single Artisan Profile, and may not have more than ten (10) items listed for sale at any given time without permission from GlobeIn. You represent that you own and have the right to sell and transfer to third parties the item(s) you have listed for sale. By listing an item for sale on the Site you represent that you are able to fulfill any order placed by a User, if not with the exact item the User ordered, then with a comparable item approved by the User.
If you waive Fulfillment Services by checking the waiver box during the creation of your Artisan Profile or you do not reside in a Supported Country as described in Section 12(A), then you represent that you (i) are capable of shipping your item(s) to any User located anywhere in the world; (ii) are able to receive money transfers from GlobeIn via wire or standard post; and (iii) have the means to communicate directly with Users via e-mail, Skype or telephone.
Artisan Helper Requirements and Responsibilities
By registering as an Artisan Helper on the Site you represent that you are at least 18 years of age and you will (i) maintain accurate, up to date GlobeIn user account information that includes your true identity, physical address, e-mail address and phone number; (ii) accurately describe the item(s) the Artisan is offering for sale and refrain from making any deceptive, misleading or false claims about the item (including without limitation the condition or utility of the item); (iii) not offer or sell any item which is illegal, controlled, or regulated, or is on our list of Prohibited Items [Link to Prohibited Items List]; and (iv) not list any item for sale on the Site with a list price of over $100 USD without prior approval from GlobeIn. You may create only one Artisan Profile per Artisan, and may not list more than ten (10) items for sale at any given time without permission from GlobeIn.
Artisan Helpers are not employees of GlobeIn and do not receive any compensation for interacting with Artisans or other Users. By registering to become an Artisan Helper you agree to volunteer your time by assisting Artisans in the creation of Artisan Profiles and/or responding to Assistance Requests (defined below). The amount of time you choose to volunteer is within your sole discretion. As an Artisan Helper, you agree that any assistance, services, or help you may provide to GlobeIn, Artisans, or other Users is performed gratis.
Before creating any Artisan Profile you agree that you will obtain the consent of the Artisan to take photos and/or videos of the Artisan and/or the Artisan’s items before posting photos or videos of either to the Site. GlobeIn will not be responsible for any claims by Artisans or other third parties that you have violated their rights of privacy, publicity, or any similar rights. To avoid any misunderstandings, where possible, you agree to communicate with Artisans in the Artisans’ native language(s) either directly or through the use of an interpreter.
By becoming an Artisan Helper you agree not to request money, favors or free items from Artisans, withhold payment from or delay payment to Artisans, misrepresent your relationship to GlobeIn (i.e. by pretending to be an employee) or otherwise engage in any type of fraudulent behavior with respect to Artisans. GlobeIn may terminate the account of any Artisan Helper it knows or suspects to be engaged in any of the aforementioned activities.
From time to time GlobeIn may request Artisan Helpers assist with transactions or take photos and video of Artisans or Artisans’ items for posting on the Site (“Assistance Request”). Whether or not an Artisan Helper responds to an Assistance Request is within the sole discretion of the Artisan Helper. Responding to an Assistance Request could require travel to foreign countries which involves inherent risks and dangers such as theft, kidnapping, illness, property damage, personal injury or death. By answering an Assistance Request you agree to assume any and all risk associated with providing the assistance. GlobeIn will not be liable for any damage, loss, or injury you may suffer in connection with your responding to the Assistance Request. For the sake of clarity, any activities you choose to undertake as part of an Assistance Request are performed solely at your own risk.
Disputes with Other Users
GlobeIn does not have any control over the actions of Users, nor can we ensure that any User will comply with these Terms, or with any separate terms on which Users may interact with each other. If you have a dispute with another User, including any dispute with an Artisan, that dispute is directly between you and the other User, and you release GlobeIn (and our officers, directors, agents, subsidiaries, joint ventures 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. If you are a California resident, you waive California Civil Code §1542, which says:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
California Civil Code §1542
Any rating and feedback features GlobeIn may make available are solely for use for the bona-fide purpose of submitting feedback regarding the experience you had with the recipient of your rating or review. Any other use, misuse, or abuse of such rating and feedback systems is strictly prohibited. Without limiting the generality of the foregoing, i) you may not threaten to submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which you are entitled (such as goods or services beyond those listed and purchased), ii) You may not condition performance of any obligation you incur through your use of the Service (such as the completion of any sale) on submission of positive feedback, and iii) You may not submit feedback or ratings for the purpose of manipulating another User’s rating.
Rating and feedback information submitted by a User may be made available through the Service to other Users.
Without prejudice to any rights or remedies you may have vis a vis any third party, submission of a negative rating or review is the sole remedy you have with GlobeIn for any dissatisfaction you may have with a transaction.
Prohibited Uses Of the Service
You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party, or to engage in any fraudulent, illegal, unethical or otherwise improper transaction. Without limiting the proceeding sentence, you agree that you will not, do or attempt to:
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, or features that enforce limitations on the use of the Service or any content therein;
Use any manual or automated means to extract and/or compile content from the Service for any purpose;
Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message;
Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of all or part of the Service, Site Content, Third Party Content, or User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation (commercial or otherwise); or
Use the Service in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.
Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on GlobeIn's net income).
Modification of the Terms
GlobeIn, in its sole discretion and for any reason or no reason, may terminate your account on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. You agree that GlobeIn shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, GlobeIn may terminate your account in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GlobeIn may have at law or in equity.
If you are dissatisfied with the Service, then please let us know by e-mailing us at email@example.com. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of GlobeIn in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account and discontinuing your use of any and all parts of the Service, or by providing GlobeIn with notice of termination at firstname.lastname@example.org.
Within thirty days following any termination by an Artisan, GlobeIn will remit any amounts payable in connection with sales of items, as set forth below.
You agree to indemnify and hold harmless GlobeIn and its parent, subsidiaries, affiliates or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, and contractors, and other GlobeIn users who use any User Content you upload to the Service or other users, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to (i) your use or misuse of the Service (including your use or misuse of Third Party Materials); (ii) your User Content, and in the case of Artisans, the items you sell through the Service; (iii) your breach or other violation of these Terms including any representations, warranties and covenants herein; (iv) your violation of the rights of any other person or entity, including, but not limited to claims that any User Content infringes or violates any third party intellectual property rights. GlobeIn reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You may not settle any matter without the prior written consent from GlobeIn.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE, SITE CONTENT, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION PROVIDED BY GLOBEIN), USER CONTENT, THIRD-PARTY CONTENT, AND ANY OTHER SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, USEFULNESS, THAT USE OF THE SERVICE WILL RESULT IN ANY INCOME OR PAYMENT, OR OTHERWISE. GLOBEIN MAKES NO WARRANTIES WITH RESPECT TO ANY ITEMS SOLD BY ARTISANS, USER CONTENT, OR FOR THE ACTIONS OF ANY USERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GLOBEIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY GLOBEIN.
Limitation of Liability
IN NO EVENT WILL GLOBEIN, ITS OFFICERS OR DIRECTORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICE, SITE CONTENT, THIRD PARTY MATERIALS OR THE SITE; (II) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT; OR (III) PLANS MADE OR INFORMATION ACQUIRED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, (I) ANY FEES OR COSTS ASSOCIATED WITH CANCELLED, INTERRUPTED OR DELAYED PLANS; (II) ANY FEES OR COSTS RESULTING FROM MISINFORMATION OR FAILURES IN COMMUNICATION; (III) AND ANY ACCIDENTS OR UNEXPECTED EVENTS OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF GLOBEIN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GLOBEIN, ITS OFFICERS OR DIRECTORS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN FIVE HUNDRED DOLLARS ($500).
Limitations; Basis of the Bargain
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GLOBEIN, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GLOBEIN, GLOBEIN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT GLOBEIN WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and GlobeIn in the most expedient and cost effective manner, you and GlobeIn agree that any and all disputes arising in connection with this Agreement shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and GlobeIn are each waiving the right to a trial by jury or to participate in a class action.
Notwithstanding subsection (A), we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and GlobeIn will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting GlobeIn.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). GlobeIn's address for Notice is: GlobeIn World, Inc., 799 Castro St, San Francisco, CA, 94114. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or GlobeIn may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or GlobeIn shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, GlobeIn shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by GlobeIn in settlement of the dispute prior to the arbitrator’s award.
In the event that you commence arbitration in accordance with these Terms, GlobeIn will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Santa Clara County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse GlobeIn for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND GLOBEIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GlobeIn agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event that GlobeIn makes any future change to this arbitration provision (other than a change to the GlobeIn's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to GlobeIn's address for Notice, in which case your account with GlobeIn shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
If only Subsection F of this Section 24 or the entirety of this Section 24 is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described elsewhere in Section 26 shall govern any action arising out of or related to these Terms.
GlobeIn may provide you with notices by electronic mail, regular mail or postings on the Service, and you agree to electronic delivery of all such notices. If Notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless GlobeIn is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and GlobeIn agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes. This is the entire agreement between you and GlobeIn relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and GlobeIn with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in Section 18, above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of GlobeIn to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GlobeIn as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and GlobeIn other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GlobeIn without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement.
GlobeIn World, Inc. · 1045 17th St. Suite 201 ·
San Francisco · CA, 94107