Terms & Conditions
1. ACCEPTANCE OF TERMS. The following terms and conditions ("Agreement") govern access to and use of the goimagine website located at www.goimagine.com (the "Website") and the services and software available on and/or through the Website (the "Website", services and software shall be referred to collectively as the "Service"). The Service is owned and operated by goimabine PBC ("goimagine"). The Service is offered subject to your acceptance of all of the terms and conditions in this Agreement and all other operating rules, policies and procedures that may be published from time to time on the Website by goimagine and modified from time to time, including without limitation the Handmade Guidelines, Buyer & Return Policies and each individual seller’s Maker’s policies (found on each Maker’s shop). BY USING AND/OR ACCESSING ANY PART OF THE WEBSITE AND/OR SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT; IF YOU DO NOT AGREE TO ANY TERMS OR CONDITIONS IN THIS AGREEMENT, DO NOT USE OR ACCESS THE SERVICE AND LEAVE IMMEDIATELY. This Agreement applies to you and your access to and use of the Service regardless of whether you are a seller (“Seller”), buyer (‘Buyer”) or other user of the Service (collectively, “Users”). Users may be referred to in this Agreement as “you”, “your” and/or “yours”.
3. MODIFICATION, SUSPENSION OR DISCONTINUATION OF THE SERVICE. goimagine may modify, suspend or discontinue, temporarily or permanently, the Service or any portion thereof, in its sole and exclusive discretion, at any time, without prior notice. goimagine will not be responsible to you for a refund, in whole or part except for pre-paid, unused subscription fees. You agree that goimagine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4. DESCRIPTION OF GOIMAGINE. goimagine is an ecommerce marketplace that allows people to buy and sell handmade goods within a fixed-price format. goimagine takes steps to ensure that goods sold on the Website are handmade in the USA; however, goimagine is not directly involved in the transaction between Users. Consequently, goimagine does not transfer legal ownership of goods between Users. As a result, goimagine does not control the quality, safety, morality or legality of any goods sold on or through the Service; and goimagine cannot verify the truth or accuracy of the listings, the ability of Sellers to sell goods or the ability of Buyers to pay for goods. goimagine does not pre-screen Users, the information about the goods being offered for sale, or the goods sold on goimagine. goimagine cannot guarantee the true identity, age, and nationality of any User. goimagine cannot ensure that a Buyer or Seller will actually complete a transaction. For these reasons, Users access and use the Service solely at their own risk. By accessing and/or using the Service, you agree that goimagine is not responsible or liable, and you hereby release goimagine from any and all liability, for content, including without limitation data, text, information, usernames, descriptions, logos, graphics, marketing collateral, images, photographs, profiles, audio, video, items, and links (“Content”) uploaded by Users of the Service and/or the goods sold through the Service. goimagine encourages you to communicate directly with other Users through the tools available on the Website. You may also wish to consider using a third-party escrow service or services that provide additional User verification.
5. YOUR USE OF THE SERVICE. You shall access and use the Service only for purposes that are permitted by this Agreement and applicable laws, rules and regulations (foreign and domestic). You shall: (a) provide true, accurate, current and complete information as prompted by the Service registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or goimagine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, goimagine has the right, in its sole and exclusive discretion, to suspend or terminate your account. If it is determined or suspected by goimagine, in its sole and exclusive discretion, that you are misusing or attempting to misuse the Service, or are using or attempting to use the Service for any inappropriate, infringing, illegal or fraudulent purpose, goimagine reserves the right, in its sole and exclusive discretion, to immediately suspend or terminate your access to the Service without notice and to initiate legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions and other equitable remedies.
6. AGE OF MAJORITY. You must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority to register for an account and/or use the Service. The Service and Website are not intended for use by anyone under 18 years of age.
7. ACCOUNT, PASSWORD AND SECURITY. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device. You agree to immediately notify goimagine of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. goimagine shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised information. Further, goimagine cannot and will not be liable for any loss, damage or other liability arising from your failure to maintain the confidentiality of your account and password and for restricting access to your device. goimagine uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to goimagine. When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us. We cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure,100% of the time, we periodically update and test our technology in order to improve the protection of customer information. goimagine makes no representations or warranties with regard to the sufficiency of these security measures and, goimagine shall not be responsible for any actual or consequential damages that result from a security breach.
8. CONDUCT. You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to other Users. You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harmful to any Users or third parties in any way;
- impersonate any person or entity, including, but not limited to, a goimagine representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
- upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of goods (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or stalk or otherwise harass any person or entity.
9. MONITORING. You acknowledge that goimagine does not pre-screen any Content provided or made available by any Users in connection with the Service, but that goimagine shall have the right (but not the obligation) in its sole and exclusive discretion to: (i) monitor alter, edit, or remove any of your Content, in whole or in part, or (ii) suspend and/or terminate your right to use the Service for any reason or no reason at all. You acknowledge and agree that goimagine may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of goimagine, its Users and/or the public. You understand that the technical processing and transmission of the Service, including your Content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
10. SOFTWARE. You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for time sharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling products through the Service as a Seller); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service. If you are allowed to download any software in connection with the Service ("Software"), subject to the terms and conditions of this Agreement, goimagine grants you a personal, nontransferable, nonsublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with this Agreement and the written instructions/directions (if any) provided by goimagine. For clarity, the Software will be deemed a part of the "Service".
11. RATINGS AND REVIEWS. goimagine reserves the right, but not the obligation, to refuse to post or to remove any review or rating of any user of the Service if goimagine determines (in its sole and exclusive discretion) that it contains or features any of the following: (a) offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and/or hate speech (e.g., racist/discriminatory speech); (b) references to illegal activity; (c) reviews that do not address the goods or reviews with no qualitative value; (d) language that violates the standards of good taste or the standards of goimagine; (e) information or statements that are or appear to be false; or (h) comments that disparage goimagine. Ratings and reviews of Users reflect the opinions of others, and do not reflect or represent the opinions or representations of goimagine, nor the views of goimagine or its affiliated companies, its employees, officers, directors and/or shareholders. goimagine does not assume responsibility or liability for any review or rating and, further, goimagine disclaims, and you hereby release goimagine from, and and all liability associated with ratings and reviews..
14. SERVICE CHARGES. goimagine charges Sellers subscription fees to sell products on the Website. goimagine charges Sellers a percentage of the sale price when products sell. Changes to the fees for goimagine's services are effective after goimagine provides you with at least fourteen (14) days' notice by email. However, goimagine may choose to temporarily change the fees for goimagine's services for promotional events (for example, discount days); such changes are effective when goimagine posts the temporary promotional event on the Website. goimagine may, at goimagine's sole discretion, change some or all of goimagine's services at any time. In the event goimagine introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). Seller agrees to keep a valid credit card and/or bank information on file with goimagine in order for goimagine to charge Sellers monthly for the Fees incurred by Seller. Seller is liable for all service charges incurred, even for goods sold and then subsequently cancelled by Buyer or refunded by Seller. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
15. TAXES. Sellers are responsible for (and will indemnify goimagine against) all taxes associated with the sale of products through the Service (excepting taxes based on goimagine's income). goimagine reserves the right to withhold the payment of any amounts owed to you hereunder if goimagine suspects or determines that such amounts have been generated in: (a) a fraudulent manner; (b) violation of this Agreement; or, (c) violation of any applicable laws, rules or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by goimagine).
16. GOIMAGINE CONTENT. You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by goimagine on the Website (collectively, "Website Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. goimagine may own the Website Content or portions of the Website Content may be made available to goimagine through arrangements with third parties. Except as expressly authorized by goimagine in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Website Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of goimagine. You shall use the Website Content only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
17. TRADEMARK INFORMATION. The trademarks, service marks, and logos of goimagine (the "goimagine Trademarks") used and displayed in connection with the Service are owned by goimagine. Trademarks, trade names or services marks used in connection with the Service that are not otherwise goimagine Trademarks (the "Third Party Trademarks" may be owned by third parties . Third Party Trademarks and goimagine Trademarks shall be referred to collectiveley as "Trademarks". Nothing contained in this Agreement, nor your use of the Service, shall constitute or be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the prior written consent of goimagine specific for each such use. You further agree not to use any Trademark to disparage goimagine, the Service, or any third party, or third party products or services, in any manner that, in goimagine's sole and exclusive judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless goimagine approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Trademark shall inure to the benefit of such Trademark’s owner.
18. USER CONTENT You acknowledge and agree that if you contribute, provide or make available any Content through the Service, whether as a Seller, Buyer or otherwise, you hereby grant to goimagine a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow goimagine to store, translate, or reformat your Content on goimagine and display your Content on goimagine in any way goimagine chooses without compensation to you or any other provider of your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your Content: (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (b) complies with all applicable laws, rules and regulations (foreign and domestic). goimagine reserves the right to remove any of your Content from the Service at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to your Content) or no reason.
19. THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. In accordance with the DMCA and other applicable laws, goimagine may in its sole and exclusive discretion limit access to the Service and/or terminate the accounts of anyone who infringes any intellectual property rights of others. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted or made accessible through the service in a way that constitutes copyright infringement, please provide goimagine’s designated agent (as set forth below) with the following information:
- An electronic of physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location within the Service where the infringing material is located. Include enough information to allow goimagine to locate the material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Name of Designated Agent to receive notification of claimed infringement: Jon Lincoln, Founder Full address of Designated Agent to which notification should be sent: 44 Portland St. Floor 4 Worcester MA 01608 Telephone of Designated Agent: 617-221-7180 Email address of Designated Agent: firstname.lastname@example.org
20. SUB-DOMAINS. If you are using the Service as a Seller, goimagine may provide you with the right to use a sub- domain within the Website (e.g., goimagine.com/[subdomain]). All such subdomains are the sole property of goimagine. In the event goimagine provides you with a subdomain, your right to use such subdomain may be terminated by goimagine at any time (with or without notice) for any reason or no reason at all.
21. INDEMNITY. You agree to defend, indemnify and hold goimagine, and its affiliates, and their officers, directors, employees, agents, co-branders and other partners, harmless from and against any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to, arising out of and/or in any way related to: your Content; (a) your use of, contribution to or connection with the Service (including the Referral Software); (b) your violation of this Agreement; and (3) your violation of any rights of another person or organization. goimagine shall provide notice to you of any such Claim. goimagine reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting goimagine's defense of such matter.
22. TERMINATION. goimagine, in its sole discretion, may terminate your use of the Service, and remove and discard any and all of your Content within the Service, for any reason or no reason at all, including, without limitation, for lack of use, failure to timely pay any fees or other monies due to goimagine, or if goimagine believes, in its sole and exclusive discretion, that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your right to use the Service may be effected without prior notice. Further, you agree that goimagine shall not be liable to you or any third party for any termination of your right to use or otherwise access the Service. All provisions of this Agreement that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
23. LINKS. The Service may provide, or third parties may provide, links to other Internet websites or resources. Because goimagine has no control over such websites and resources, you acknowledge and agree that goimagine is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that goimagine shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
24. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOIMAGINE HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY RELEASE GOIMAGINE FROM, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. GOIMAGINE MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIX TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of Users in connection with the Website or the Service to goimagine and goimagine may, in its sole and exclusive discretion, investigate the claim and take necessary action.
25. LIMITATION OF LIABILITY. GOIMAGINE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE WEBSITE, SERVICE, OR IN ANY WAY RELATED TO THIS AGREEMENT, FOR ANY: (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOIMAGINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (c) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00l AND/OR (d) ANY MATTERS BEYOND GOIMAGINE 'S REASONABLE CONTROL. GOIMAGINE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
26. RELEASE. IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE GOIMAGINE (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, JOINT VENTURES AND PARTNERS) FROM ALL 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 DISPUTES. 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."
28. NOTICE. Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is: goimagine PBC, 23 Patricia Dr, Grafton, MA 01519 USA
30. ENTIRE AGREEMENT. This Agreement, along with the Handmade Guidelines, Buyer & Return Policies and each individual seller’s Maker’s policies (found on each Maker’s shop and product sold) constitute the entire agreement between you and goimagine and governs your access to and use of the Website and Service, superseding any prior agreements or contemporaneous communications between you and goimagine. You also may be subject to additional terms and conditions that may apply when you access third-party services.
31. CHOICE OF LAW AND VENUE. This Agreement and your access to and use of the Website and Service are governed by the laws of the Commonwealth of Massachusetts, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Massachusetts. All claims, controversies and/or disputes arising out of or relating in any way to this Agreement, the Website or the Service shall be brought in the state and federal courts in Boston, Massachusetts, U.S.A.
32. GOVERNING LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
33. INVALID PROVISIONS. The failure of goimagine to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
34. TIME TO FILE CLAIM. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.