Terms & Conditions

Terms & Conditions

Set back and relax. Our Terms Of Service and Use are simple and direct. WOW, that’s new! We are opening access to the world of creativity.

1. Simple Terms

This document and the other documents that we reference below make up our Community Rules, or what we officially call our Terms of Service and Use (the “Terms” for short).

The Terms are a legally binding contract between you and Eclectic Creations. If you live in North America the contract is between you and Eclectic Creations, Inc. Eclectic Creations are kicking off in the United States only. Depending on how this experiment evolves, we may open to other areas of service in the future but now. Eclectic Creations are for home grown, diverse, multi cultural creators. 

Please note that Section 11. Disputes with Eclectic Creations, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Eclectic Creations.com, and the other services provided by Eclectic Creations (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing our websites), you’re agreeing to the Terms. If you do not agree with the Terms, you may not use our Services. Each member is responsible for his or her own pages, sales, items and customer satisfaction. Too many complaints from buyers, or members will lead to turning off your pages and access.

2. Those Other Documents We Mentioned

Eclectic Creations Services connect people all over the United States of America, both online and offline, to make, present, sell, and buy unique goods. A short cut to how we work with people is:

1. Our Community Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.
2. Our Community Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. Detailed below.
3. Our Community Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. Please see details below.
4. Our Community Rules for Third Parties. These policies apply to intellectual property owners, Eclectic Creations API users, affiliates, and anyone requesting information from Eclectic Creations.
5. All of these policies are a part of our Terms, so don’t stop here, read all of this document to make sure the individual Terms are or are not applicable for you. Most of the terms apply to everyone.

3. Your Privacy

We at Eclectic Creations are as concerned as you are about protecting personal information. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you are also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

Both Eclectic Creations and seller members are responsible for personal information (for example, buyer name, email address, and shipping address) they gather and are therefore considered separate and independent data controllers of buyers’ personal information under US law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Eclectic Creations, will be responsible for that unauthorized disclosure.  

If, however, Eclectic Creations and sellers are found to be joint data controllers of buyers’ personal information, and if Eclectic Creations is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Eclectic Creations for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Eclectic Creations.

4. Your Account with Eclectic Creations

You’ll need to create an account with Eclectic Creations to use some of our Services. Here are a few rules about accounts with Eclectic Creations:

1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Eclectic Creations or the Services. You are responsible for any and all account activity conducted by a minor on your account. For more information, see Eclectic Creations's Minors Policy.
2. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
4. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.
6. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Eclectic Creations.

1. This detailed Help article should answer any questions you may have about registering an account with Eclectic Creations.

5. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
2. Permission to Use Your Content. By posting Your Content through our Services, you grant Eclectic Creations a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Eclectic Creations function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree Eclectic Creations may offer you or Eclectic Creations buyers promotions on the Site, from time to time, that may relate to your listings
3. Rights You Grant Eclectic Creations. (Here’s the legalese version of the last section). By posting Your Content, you grant Eclectic Creations a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Eclectic Creations, your Eclectic Creations shop, or the Services in general, in any formats and through any channels, including across any Eclectic Creations Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
4. That sounds like a lot, but it’s necessary for us to keep Eclectic Creations going. Consider these examples: if you upload a photo of a listing on your Eclectic Creations shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Eclectic Creations’s.
5. Reporting Unauthorized Content. Eclectic Creations has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
6. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Eclectic Creations’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy,  , or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

6. Agreement to Use of Our Services

You are permitted to use our Services under the following conditions. Eclectic Creations grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the Terms and the following restrictions in particular:

1. DO NOT DO ANYTHING ILLEGAL. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, or federal, copy write or trade mark laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Eclectic Creations, another Eclectic Creations user, community member or a third party.
2. Pay Your Bills. You are responsible for paying all fees that you owe to Eclectic Creations. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
3. Stealing is a Crime. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Service and Use.
4. Be a Good Member. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code that will render Eclectic Creations and it’s members  vulnerable to hackers, spam, and trolls.
5. Trademark Infringement. The name "Eclectic Creations" and the other Eclectic Creations marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Eclectic Creations in the US. If you’d like to use our trademarks, please follow our Trademark Policy.
6. Communicate your thoughts and ideas. We grow when we get constructive feedback from caring people who want to help. This  venture will adapt and improve as your experience and participation help us develop a firm foundation for Eclectic Creations and you through our Services. Any unsolicited ideas or other materials you submit to Eclectic Creations (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7. Put It In Writing.  From time to time, Eclectic Creations will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

1. Closing your Account

Your decision. Closing your account is as easy as going to your account settings and closing. Closing your account will not affect the availability of some of Your Content that you posted through the Services prior to Closing. But! you will still have to pay any outstanding bills.

Eclectic Creations closing your account. We may close or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, to sell or buy on our website. Eclectic Creations may refuse service to anyone, at any time, for any reason.

If you or Eclectic Creations terminate your account, you may lose any and all information associated with your account, including Your Content. If you disrespect or demean anyone because of race, creed, sexual orientation, color, or religious preference. We are ONE community and we appreciate our differences as well as our joint passions. Open conversations and working out differences is great. But always be respectful

We May Discontinue the Services. Eclectic Creations reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Continuation of Terms and liability. The Terms will remain in effect even after your access to the Services and account is closed, or your use of the Service ends.