Marketplace Participation Agreement

 

BY ACCEPTING THIS AGREEMENT AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL OTHER TERMS, POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.

 

Escalet reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Participation Agreement will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you.

 

YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING ESCALET'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

 

Escalet provides the Artist Presentations Marketplace as a venue for third-party sellers ("Sellers") and buyers ("Buyers") to negotiate and complete commercial transactions. Escalet is not involved in the actual transaction between Sellers and Buyers and is not the agent of and has no authority for either Seller or Buyer for any purpose.

 

Escalet retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion.

 

 

Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.

 

By entering into this Participation Agreement and posting an item for fixed price sale, you agree to complete the transaction subject to this Agreement. 

Seller will list items at a fixed price, and will be obligated to sell and deliver the items at the listed price to Buyers who meet the Seller's terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell the item, and that the item’s description is accurate, current, and complete and is not misleading or otherwise deceptive.

 

You will stop and/or cancel orders of your products if Escalet asks you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Participation Agreement) that has been charged for an order that we stop or cancel.

 

You will provide your customer return and refund policies for display on the Site and accept and process returns, refunds and adjustments relating to your products in accordance with this Participation Agreement.

 

You agree to provide refunds and adjustments (that you are obligated to provide under applicable return and refund policies or as required by law) promptly, but in no case later than thirty (30) days following the close of the sale.

 

You agree that it is the Seller's responsibility to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that Escalet is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction.

 

YOU ACKNOWLEDGE THAT BY NOT FULFILLING THESE OBLIGATIONS, YOUR ACTION OR INACTION MAY BE LEGALLY ACTIONABLE.