The FestivalNet Marketplace Terms of Service and User Agreement
PLEASE READ THIS AGREEMENT AND ACCEPTANCE OF TERMS OF USE FOR THE FESTIVALNET MARKETPLACE BEFORE USING THIS SITE AND THE SERVICES OFFERED BY FESTIVAL NETWORK (FestivalNet). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE FESTIVALNET MARKETPLACE AND ALL SERVICES PROVIDED THEREIN.
All users must agree to and comply absolutely with the terms and conditions set forth by this document. By accessing this site, using any functions or services, logging into an account, visiting or browsing, you (the user) agree to be bound by this document, including all additional terms and conditions and policies referenced herein and/or hyper-linked and you agree to be bound by the FestivalNet Site Terms of Service and you accept that this is a legally binding document between yourself and Festival Network (FestivalNet, Festivalnet.com).
The FestivalNet Marketplace functions as a venue to allow users to sell and buy certain goods. Festival Network is not directly involved in the transaction between buyers and sellers and does not transfer legal ownership of items from the seller to the buyer and cannot ensure that a buyer or seller will actually complete a transaction. FestivalNet cannot guarantee the true identity, age, or nationality of a user. We encourage you to communicate directly with and evaluate all potential transaction partners before completing a transaction. You may also consider using a third-party escrow service or services that provide additional user verification. FestivalNet accepts no responsibility, nor shall FestivalNet be held liable for the transactions that occur as a result of using the FestivalNet Marketplace.
Sellers may only list products that they are legally able to sell and do not fall within the Prohibited Items listed in this document. FestivalNet may remove any item that, in our judgment, does not meet the guidelines of this document. FestivalNet reserves the right to review a user's account at anytime and without notice and reserves the right to refuse service to any member and suspend any users account at its sole discretion. FestivalNet reserves the right to remove any content which is deemed to be inappropriate or that could lead to legal action.
User Eligibility
All functions and services of the FestivalNet Marketplace are only available to users who are 18 years of age or older and can legally create a binding contract for buyer and seller transactions. Individuals under the age of 18 can only use the FestivalNet Marketplace under the direct supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the user and is responsible for any and all related activities. FestivalNet shall not be held responsible for any damages incurred by non-compliance to this policy.
Users hereby agree to act accordingly with local, national, and international laws regarding acceptable content, commerce and conduct. You are responsible for all applicable local, state, and federal taxes.
Please review the
FestivalNet Site Terms of Service for more
information on general site Terms of Use, Password Protection and
Account violations.
Shop
Setup and Listings
General Selling Policy - Sellers may only list and conduct sales transactions for items that they are legally allowed to sell. Any item in violation of this criteria can be removed at anytime at FestivalNet’s discretion. FestivalNet reserves the right to review a user's account at anytime and subsequently, without notice terminate any user in violation of the FestivalNet Marketplace Terms of Service. FestivalNet also reserves the right to remove any items deemed to be inappropriate at anytime and for any reason.
Setting up a Shop - As a FestivalNet Marketplace seller, you are encouraged to provide accurate and descriptive information about yourself and the products offered in your FestivalNet Member Profile. You should clearly explain your shop's policies regarding shipping, payments, refunds and exchanges in the Shop Policies box on the Shop Settings Page.
Required when setting up your shop:
The seller of an item may not misrepresent the item to be sold in any way and must guarantee the condition of the item.
Do not make illegal use of photographs, graphics, images, music, video or written text which may be subject to copyright infringement.
Use of mature, profane and/or racist language or images anywhere in the FestivalNet Marketplace will NOT be tolerated. Possible areas include your user ID, Member Profile, listing information, or any other sections within the FestivalNet Marketplace or the general FestivalNet Community.
Requiring minimum purchase amounts from buyers is not allowed.
You must keep your FestivalNet account in good standing with respect to commissions due, monthly or annual membership fees, or any other fees that may apply. Termination of your account and your listings will result for any seller not in compliance. Suspended or terminated members still remain obligated to pay FestivalNet for all unpaid fees.
Commission due from sales made in the Marketplace will not be charged until you've reached $5.00 or more in commissions due.
You cannot engage in any activity that would be considered “Fee Avoidance”. Example (but not limited to) is: completing a transaction outside of the FestivalNet Marketplace once it has been initiated within the site.
Listing Items in General - It is crucial that all FestivalNet Marketplace listings be clear, accurate and detailed with respect to all photos, descriptions, and titles.
Required when listing your items:
You may not create a listing for an item that is not for sale, is sold out, or is for rent or lease only.
A listing may NOT be created solely for advertisement purposes.
Listing prices and shipping costs must be reasonable. Charging higher than necessary shipping costs in order to make more profit or to cover “fees” will not be tolerated.
Each unique item must have its own listing. If the "in stock" quantity is indicated to be more than one, all items in that listing must be exactly identical. Multiple items can be only listed together if they are being sold and shipped together as a set.
Directing shoppers to another online selling venue to purchase the same items as listed in your FestivalNet Marketplace shop is not allowed and could result in termination of your account. This includes posting any links/URLs within your listing for that purpose.
The above guidelines apply to ALL listings in general. Please review the specific rules and policies that apply to Listing Items as Handmade, Fine Art, or Fine Craft, and also review Prohibited Items.
Listing Items as Handmade, Fine Art, or Fine Craft
The FestivalNet Marketplace wants to give genuine artists and crafters the ability to showcase their hard work apart from mass produced items. For that sole purpose we have created the categories; Handmade, Fine Art, and Fine Craft. In order to list items here, all sellers must comply with the following rules:
The term “Handmade” also applies to all listings in the Fine Art and Fine Craft categories. Handmade items must be created by the seller(s) operating that specific FestivalNet Marketplace shop where the item is being listed. Handmade, fine art or fine craft items not made by the seller must be listed in the Import/Commercial category.
Selling commercial or mass-produced items in the Handmade, Fine Art, or Fine Craft categories is not permitted and could result in termination of your account..
Creatively re-packaging items into gift sets or gift baskets does not constitute handmade and is not allowed to be listed as such.
Reselling a handmade item NOT made by the seller is prohibited in these categories. Please list those items in the Import/Commercial category.
Items that are also considered to be “handmade” include those that are drastically “hand altered”, up-cycled, or re-constructed. Restoring or repairing an item does not constitute as “handmade” and cannot be listed in these categories.
Listings that that are not in compliance with the FestivalNet Marketplace’s policies may be flagged by other members for review or removal. If FestivalNet removes an item listing for violating the “handmade” policy, the seller is still obligated to pay any applicable fees due for that item.
Buyer and Seller Transactions
The FestivalNet Marketplace operates solely as the venue to bring together buyers and sellers who create binding contracts between themselves through the listing and purchasing of items. The FestivalNet Marketplace does not represent either party in the transaction.
A transaction is created when a buyer completes the checkout process and initiates payment.
A transaction is considered “completed” when the buyer payment is received by the seller and the seller then ships the item. Payment transmittal options are set up in the sellers Shop Settings. i.e. Paypal, personal check, money order, etc)
Good communication is vital for ensuring a smooth transaction for both the buyer and seller. All buyer questions regarding transactions, payment arrangements and cancellations, should be directed to the seller not FestivalNet. The FestivalNet Marketplace encourages communication about transactions within the FestivalNet Community messaging system. Sellers are encouraged to keep adequate records of shipping for all transactions. This includes: delivery confirmation or tracking numbers, shipping payment receipts, and customs forms.
In the unfortunate event that a dispute arises between a buyer or seller, please view our policies in the Dispute Resolution section for more information.
Each party is expected to follow standard rules of conduct concerning a transaction in the FestivalNet Marketplace. They are as follows:
Buyer Policies & Conduct-
The buyer must pay at the time the transaction is created, according to the terms in the seller's Shop Policies.
The buyer must make sure that all billing, payment, and shipping information submitted to the seller, is valid and current.
The buyer must take time to fully read and inspect the item for purchase before checking out. The seller will not be held responsible for buyers unhappy with a purchase for any reason that was clearly described through pictures or the listing information. i.e Buyer’s remorse.
Seller Policies & Conduct-
The seller must sell and ship the item(s) to the buyer with whom the transaction is created.
The seller must ship the item(s) within a reasonable amount of time, according to the transaction agreement.
The seller must maintain current email and contact information so that they can respond promptly to any buyer transaction or communication.
The seller must ship the item(s) to the shipping address provided by the buyer. If shipping information is unclear or incomplete, the seller must confirm accurate information with the buyer before shipping the item.
Drop shipping or third-party shipping is not permitted. All items must be shipped under the direct supervision of the seller.
In the event of a dispute, the seller may be asked to provide proof of shipping. It is highly encouraged that all sellers include shipping insurance or delivery confirmation on each order. Sellers will not be held responsible for postal or shipping service delays or errors, theft or customs delays.
Dispute Resolution
In the unfortunate event of a transaction dispute, the FestivalNet Marketplace encourages both the buyer and seller to resolve the situation through direct communications and also by submitting fair, honest feedback for each transaction. Please see the Feedback section for more information regarding how to do that.
Any seller who fails to ship an item, respond to non-delivery inquiries or settle a disputed transaction in a reasonable manner may be suspended by FestivalNet and prevented from continuing any further transactions within the FestivalNet Marketplace.
Inability to Complete a Transaction:
In the event that a seller cannot complete a transaction due to an extraordinary circumstance, then the seller may refuse service to the buyer if they comply with the following policies:
The seller must immediately notify the buyer of refusal of service through email or FestivalNet Member communications and provide valid reason for said refusal.
Service can only be refused prior to shipping of order.
If buyer payment has been completed, then the seller must refund the buyer’s full purchase price plus any shipping costs paid for the item.
In the instance where a buyer is not completely satisfied with a purchase or transaction experience, FestivalNet instructs the buyer to communicate with the seller directly to resolve the matter. If persisted efforts have been made on the buyer’s part with no response from the seller, the buyer can contact FestivalNet support and register a complaint. All complaints will be noted to the sellers account and further action may be taken to suspend the seller in question.
Policy Infringement
All users of the FestivalNet Marketplace must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. FestivalNet will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting in the FestivalNet Marketplace or the FestivalNet Community. This includes images, copy, text, data, graphics, user ID’s, email addresses, photographs, profiles, profile images, videos, items, products, audio, and links that are posted to and displayed on FestivalNet.com.
Prohibited
Items
You may not list the following types of items in the FestivalNet Marketplace:
Alcohol
Tobacco
Drugs, drug-like substances, drug paraphernalia
Live animals, illegal animal products
Firearms and/or weapons, explosives
Real estate
Motor vehicles (automobiles, motorcycles, boats, etc.)
Items that promote or glorify hatred, racial, religious intolerance
Items that instruct others to engage in illegal activity
Dangerous Chemicals
Any item that which in whole or in part is subject to a recall.
Stolen Items
Fireworks
Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
Mass produced electronics
Items that violate Terms of Service or Terms of Use
Items not in your possession or items you don't intend to deliver
Illegal, counterfeit or contraband items of any sort.
Items, materials or products that are copyrighted, trademarked or patented by another party.
Personal data or information.
Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort.
Misrepresented items or products.
Hazardous materials, products, or items.
Any product or service that Festival Network (FestivalNet) determines to be inappropriate, harmful, fraudulent, or illegal.
Listings that that are not in compliance with the FestivalNet Marketplace’s policies may be flagged for review or removal by other members.
Feedback Policy
Buyer’s
have the opportunity to submit feedback for the seller with whom they
have completed a transaction. Consistency, fairness and honesty are
critical to the integrity of the feedback system. Feedback directly
affects a member's reputation, so we ask that members take it
seriously.
Community
The FestivalNet Community and the FestivalNet Marketplace is a wonderful resource dedicated to all members of the festival business community as well as festival goers. We encourage you to reach out to your fellow members to share advice, pose questions, and become involved. Please remember that the forums, blogs and profiles are public spaces, so use caution when sharing personal information. Spam will not be tolerated within the community and necessary action will be taken for any member in violation of this FestivalNet Marketplace Terms of Service and User Agreement or the FestivalNet Site Terms of Service and User Agreement.
