Teachers Craft™ Terms Of Service
By using the website and services offered by Teachers Craft™ (aka "TC" a subsidiary of Teachers Activities, Inc.), you agree to the following terms with Teachers Craft™, Inc. This agreement sets forth the legally binding terms and conditions for your use of the website at http://teacherscraft.us (the "Site") and all services provided by Teachers Craft™ on the site. If you have any questions, please refer to our Help & FAQs page.
Scope:
Before you become a member of Teachers Craft™, you must read and accept all of the terms in, and linked to, this User Agreement and the Teachers Craft™ Privacy Policy. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. By accepting our Terms and Conditions, you agree that this User Agreement and Privacy Policy will apply whenever you use the Teachers Craft™ site as well as any tools we make available to interact with the Teachers Craft™ site.Teachers Craft™ as a Venue:
Teachers Craft™ acts as a venue to allow users to offer, sell and buy original teaching resources and new/used teaching materials/supplies within a fixed-price format. Teachers Craft™ is not directly involved in the transaction between the buyers and the seller. As a result, Teachers Craft™ has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Teachers Craft™ does not pre-screen users or the content or information provided by users. Teachers Craft™ cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Teachers Craft™ does not transfer legal ownership of items from the seller to the buyer. Teachers Craft™ cannot guarantee the true identity, age, and nationality of a user. Teachers Craft™ encourages you to communicate directly with potential transaction partners through the tools available on the Teachers Craft™ site. You may also choose to consider using a third-party escrow service or services that provide additional user verification. You and Teachers Craft™ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You agree that Teachers Craft™ is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Teachers Craft™. You use the Teachers Craft™ service at your own risk.Using Teachers Craft™:
While using the Teachers Craft™ site, Teachers Craft™ services and tools, you will NOT:- Post content or items in an inappropriate category or areas on our sites and services;
- Violate any laws, third party rights or Teachers Craft™ policies, such as the Acceptable Use Policy.
- Use our site, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools.
- Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you have purchased or a clear typographical error is made.
- Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms
- Manipulate the price of any item or interfere with other users’ listings.
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Teachers Craft™;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information).
- ‘Stalk’ or otherwise harass anyone
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Teachers Craft™).
- Transfer your Teachers Craft™ account (including feedback) and User ID to another party without our consent.
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
- Post, email, or otherwise make available content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
- Distribute viruses or any other technologies that may harm Teachers Craft™, or the interests or property of Teachers Craft™ users.
- Collect personal data or user email addresses without their consent.
Listing Conditions:
By listing an item on the Teachers Craft™ site, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:When you list an item on Teachers Craft™ site, your listing will be posted on the Teachers Craft™ site and can be viewed in your Dashboard. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Teachers Craft™ can not guarantee exact listing durations. You also warrant that you and all aspects of the item comply with Teachers Craft™’ published policies and that you may legally sell the item. You must accurately describe your item and all terms of sale in your Teachers Craft™ store. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
As a User of our Services, you are required to follow our Seller Guidelines which are incorporated as part of our Terms of Service.
Abusing Teachers Craft™:
If Teachers Craft™ users are found abusing the Teachers Craft™ site, services, and tools we may limit, suspend or terminate our service and user accounts, prohibit access to our site and the content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We may also, at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We reserve the right to cancel unconfirmed accounts as well as accounts that have been inactive for a long period of time, or to modify or discontinue the Teachers Craft™ site, services or tools. Teachers Craft™ also reserves the right to refuse service to anyone, for any reason, at any time.
Please report and problems, offensive content, and policy violations to Teachers Craft™ immediately.
Limitation of Liability:
You will not hold Teachers Craft™ responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. We do not transfer legal ownership of items from the seller to the buyer. New Jersey Title 12a Commercial Transactions – “Uniform Commercial Code” and Uniform Commercial Code 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services or tools, and operation of our site, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use or your inability to use our site, services and tools.
Release:
If you have a dispute with one or more users, you release us (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 disputes.No Agency:
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.Fees and Services:
Teachers Craft™ has a free membership and premium membership with an annual fee for setting up a store. Teachers Craft™ Fee Policy is subject to change at any time and is incorporated into this Agreement by reference. Changes to the Fee Policy and the fees for Teachers Craft™’ services are effective after Teachers Craft™ provides you with at least fourteen (14) days’ notice by posting the changes on the Site. Teachers Craft™ may choose to temporarily change the fees for promotional events such changes are effective when Teachers Craft™ posts the temporary promotional event on the Site. Teachers Craft™ may, At Teachers Craft™’ sole discretion, change some or all of Teachers Craft™’ services at any time. In the event Teachers Craft™ 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).You are responsible for paying all fees and applicable taxes associated with using Teachers Craft™. Teachers Craft™ keeps accepted payment information on file.If Teachers Craft™ terminates a listing or chooses to terminate your account, if you close your account, or if the payment of your Teachers Craft™ fees cannot be completed for any reason, you remain obligated to pay Teachers Craft™ for all unpaid fees plus any penalties, if applicable. If the storekeeper’s account is not paid in full and becomes past due, The storekeeper risks suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Teachers Craft™.
Seller Commission Tiers:
Teachers Craft™ utilizes a 'sliding scale' of differing seller commission percentages. This varies according to the price of the item(s) sold. The full commission tier list can be found here. By registering for this site you agree to these seller commission tiers whether you become a premium member or not. The reason for the 'sliding-scale' of seller commission tiers is because of the Paypal transaction fees and Teachers Craft™ not enforicing a minimum purchase to the buyers of the site.
Content:
The Teachers Craft™ site may provide you and others with the opportunity to participate in blogs, groups, feedback, and other communication functionality and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Teachers Craft™, including, without limitation, photographs, writings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).Teachers Craft™ does not claim ownership rights in your Content. You grant Teachers Craft™ a license solely to enable Teachers Craft™ to use any information or Content you supply Teachers Craft™ with, so that Teachers Craft™ is not violating any rights you might have in that Content. You grant Teachers Craft™ 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 Teachers Craft™ to store or re-format your Content on Teachers Craft™ and display your Content on Teachers Craft™ in any way as Teachers Craft™ chooses. Teachers Craft™ will only use personal information in accordance with Teachers Craft™ Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Teachers Craft™ user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Teachers Craft™-related communications. Teachers Craft™ has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Teachers Craft™ user to your email or physical mail list. For more information, see Teachers Craft™’s Privacy Policy.
By posting content on Teachers Craft™, it is possible for an outside website or a third party to re-post that content. You agree to hold Teachers Craft™ harmless for any dispute concerning this use. If you choose to display your own Teachers Craft™-hosted image on another website, the image must provide a link back to its listing page on Teachers Craft™.
Information You Submit:
Teachers Craft™ considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Teachers Craft™ shall not be liable for the disclosure or use of such Material. If, at Teachers Craft™’ request, any member sends Material to improve the site, Teachers Craft™ will also consider that Material to be non-confidential and non-proprietary and Teachers Craft™ will not be liable for use or disclosure of the Material. Any communication by you to Teachers Craft™ is subject to this Agreement. You hereby grant and agree to grant Teachers Craft™, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.Furthermore Teachers Craft™ is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Teachers Craft™ does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Teachers Craft™ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Privacy:
We do not sell your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Teachers Craft™ Privacy Policy. Users’ privacy is very important to us. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide by signing-in to your account. For a complete description of how we use and protect your personal information, see the Teachers Craft™ Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.Legal Disputes:
If a dispute arises between you and Teachers Craft™, you and Teachers Craft™ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at support@madebyteachers.com to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.(Law and Forum for Legal Disputes) This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Teachers Craft™ must be resolved exclusively by a state court located in San Francisco, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the court located within San Francisco, California for the purpose of litigating all such claims or disputes.
(Arbitration Option) For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.?(Improperly Filed Claims) All claims you bring against Teachers Craft™ must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Teachers Craft™ may recover attorneys’ fees and costs up to $1000, provided that Teachers Craft™ has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Teachers Craft™ will not make judgments regarding legal issues or claims.