Linda Silver Designs User Agreement

Updated January, 2016

By using the LindaSilverDesigns.com web site (the "Website") or establishing an account with Linda Silver Designs and using the Linda Silver Designs service (the "Service"), you agree to the following terms and conditions (the "Linda Silver Designs User Agreement").

I. Overview

Importantly, although Linda Silver Designs is commonly referred to as an online marketplace, it is not a traditional "retailer." Instead, Linda Silver Designs acts as a venue to match buyers and sellers. Linda Silver Designs is not involved in the actual transaction between buyers and sellers and does not transfer legal ownership of items from the sellers to buyers. As a result, Linda Silver Designs has no control over the items advertised, or the ability of sellers to sell items or the ability of buyers to pay for items.

Definitions

"Your Information" is defined as any information you provide to Linda Silver Designs or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Linda Silver Designs acts as a passive conduit for your online distribution and publication of Your Information.

"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and email.

Dispute Resolution

Linda Silver Design's goal is to make you happy. In the event a dispute arises between you and Linda Silver Designs, please email Linda Silver Designs at Linda@LindaSilverDesigns.com and we will work quickly towards a solution. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

 

General Overview: Terms

You acknowledge that you must be 18 years or older to use this site or establish an account.

You acknowledge that you bear sole responsibility for keeping your password secure.

You agree not to use Linda Silver Designs for any illegal or unauthorized purpose.

You agree to comply with all local laws regarding online conduct and acceptable content.

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.

You agree not to modify, adapt or hack Linda Silver Designs.com or modify another website so as to falsely imply that it is associated with Linda Silver Designs.

You agree not to solicit, harass or impersonate Linda Silver Designs members.

You agree not to transmit any worms or viruses or any code of a destructive nature.

Furthermore, while Linda Silver Designs discourages certain conduct and content on the Website, you acknowledge and agree the Website is a venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.

 

General Overview: Conditions

Linda Silver Designs reserves the right to modify or terminate any service for any reason at any time, with or without notice.

Linda Silver Designs reserve the right to alter this Linda Silver Designs User Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of Linda Silver Designs, Linda Silver Designs will notify you via e mail according to the preference expressed on your account.

Linda Silver Designs reserves the right to refuse service to anyone for any reason at any time.

Linda Silver Designs may remove content (by way of example but without limitation: items, item descriptions, chat text, booth text, and information submitted in the forums) that Linda Silver Designs determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, Linda Silver Designs Terms of Use, Linda Silver Designs Privacy Policy, or any other policy documents and community guidelines as posted on Linda Silver Designs. Linda Silver Designs has no obligation to do so, however.

The Service makes it possible to post images hosted on Linda Silver Designs to outside websites. This use is accepted. However, pages on other websites which display images hosted on Linda Silver Designs must provide a link back to Linda Silver Designs from each photo to its photo page on Linda Silver Designs.

Linda Silver Designs will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.

You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Linda Silver Designs, you agree to allow other Linda Silver Designs users to view them and you agree to allow Linda Silver Designs to display the images and content on Linda Silver Designs, or in emails from Linda Silver Designs, and store the images, item description, profile and other content.

 

All Linda Silver Designs graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Linda Silver Design's trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

II. Membership Eligibility

Linda Silver Design's web services are free, but available only to individuals who can form legally binding contracts under applicable law. Linda Silver Design's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Linda Silver Designs members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Linda Silver Designs. Further, you also agree not to transfer or sell your account (including feedback) or User ID.

III. Purchasing/Buyer Obligations and Guidelines

A buyer is obligated to complete the transaction of a purchase of an item on Linda Silver Designs in any shop within three (3) days. A buyer is obligated to immediately pay in full if using PayPal by clicking the "Buy Now" button during checkout. A buyer must submit payment in full within three (3) days if paying by personal check, money order or "other." A buyer who pays by mail with a money order or personal check must send the seller an email to notify the seller that that the payment is in the mail, within three (3) days of the transaction.

A seller must abide by all of Linda Silver Design's policies and the seller's own individual shop policies and sell and the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns.

IV. Listing/Seller Obligations and Guidelines

Linda Silver Design's Fees and Credit Policy

Changes to the Fees and Credits Policy and the fees for our services are effective after Linda Silver Designs provides you with at least fourteen (14) days' notice of the changes by posting the changes on Linda Silver Designs. However, Linda Silver Designs may choose to temporarily change Linda Silver Design's Fees and Credits Policy and the fees for Linda Silver Design's services for promotional events (for example, free listing days) and such changes are effective when Linda Silver Designs posts the temporary promotional event on Linda Silver Designs. Linda Silver Designs may, at Linda Silver Design's sole discretion, change some or all of Linda Silver Design's services at any time. In the event Linda Silver Designs 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 U.S. Dollars (USD).

Unless granted an exception by Linda Silver Designs, Linda Silver Designs requires all seller accounts to provide a credit or debit card for the purposes of verification of their identity, and for payment of fees and services rendered.

You are responsible for paying all fees associated with using Linda Silver Design's service and Linda Silver Designs and all applicable taxes. If a seller owes more than $3.00 USD in fees at the beginning of the month, they are emailed an invoice detailing the amount due. Payment for the amount due must be made in full within 30 days of the date on the invoice.

 

Fees for our services will be described once they are determined.

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. 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.

Binding Sale: All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity.

Termination: Without limiting any other remedies, Linda Silver Designs, without notice, may suspend or terminate your account if Linda Silver Designs suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Linda Silver Design's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Linda Silver Designs. If Linda Silver Designs terminates a listing or your account, if you close your account, or if the payment of your seller fees cannot be completed for any reason, you remain obligated to pay Linda Silver Designs for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, Linda Silver Designs reserves the right to attempt to collect past due fees by charging the seller's card on file. The seller risks additional penalties such as the 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 Linda Silver Designs support.

Manipulation: The price stated in each Linda Silver Designs Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale for the purpose of avoiding Linda Silver Designs transaction fees, and hacking into another's account and altering prices. Neither buyer nor seller, may manipulate the price of any item for any reason.

V. Usage Guidelines

Third Party Content; Identity Verification: You understand that the Linda Silver Designs, including Linda Silver Designs booth chat, acts only as a marketing platform and technical interface between users and that Linda Silver Designs does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to Linda Silver Designs. Linda Silver Designs cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user.

You understand that you may be exposed to content that you find offensive to you, and that you use the Linda Silver Designs at your own risk.

Please use caution, common sense, and practice safe trading when using Linda Silver Designs. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Linda Silver Designs, you agree to accept such risks and that Linda Silver Designs (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Linda Silver Designs

Linda Silver Designs uses many techniques to verify the accuracy of the information Linda Silver Design's users provide to Linda Silver Designs when they register on Linda Silver Designs. However, because user verification on the Internet is difficult, Linda Silver Designs cannot and does not confirm each user's purported identity. Thus, Linda Silver Designs has established a user-initiated feedback system to help you evaluate with whom you are dealing. Linda Silver Designs also encourages you to communicate directly with potential transaction partners through the tools available on Linda Silver Designs. You may also wish to consider using a third party escrow service or services that provide additional user verification.

Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on Linda Silver Designs shall not:

(a) be false, inaccurate or misleading;

(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;

(c) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;

(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); Linda Silver Designs also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;

(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) be obscene or contain child pornography

(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and

(i) link directly or indirectly to or include descriptions of goods or services that:

(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Linda Silver Designs or;

(bb) are identical to other items you have for sale but are priced lower;

(cc) are concurrently listed for sale on a web site other than Linda Silver Design's (this does not prevent linking to or advertising an Linda Silver Designs item from another web site); or

(dd) you do not have a right to link to or include.

Furthermore, you may not list any item on Linda Silver Designs (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Access and Interference: Linda Silver Designs may contain robot exclusion headers. Much of the information on Linda Silver Designs is updated on a real time basis and is proprietary or is licensed to Linda Silver Designs by Linda Silver Design's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Linda Silver Designs for any purpose without our prior express written permission. Additionally, you agree that you will not:

(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of Linda Silver Designs and the appropriate third party, as applicable;

(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Linda Silver Designs.

Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. Linda Silver Designs may, without prior notice, limit the number of purchases and listings, which you may place on Linda Silver Designs based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.

You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Linda Silver Designs. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Linda Silver Designs users, you agree that you shall not market or export your Linda Silver Designs feedback rating in any venue other than a Linda Silver Designs operated website.

VI. Linda Silver Designs Rewards / Tokens

Linda Silver Designs Tokens ("Tokens") are not redeemable for cash and have no cash or monetary value. Tokens are purely promotional in nature, are only for members and only part of the Service through the Website or as otherwise specifically designated and approved by Linda Silver Designs, and do not constitute a property right or interest or confer any such right or interest to you. Tokens may be redeemed immediately or accrued over time, up to a maximum of 12 months. Tokens will expire on a rolling monthly basis if not redeemed within 12 months of being awarded, and Linda Silver Designs has no obligation to notify you of any such expiration. Linda Silver Designs may discontinue or modify the Tokens program, raise and lower the value of the Tokens, add and remove ways to earn or use Tokens, or revise the Tokens program terms and conditions at any time. All Tokens terminate upon any termination of your membership. Please see the Tokens Rules for additional terms applicable to acquiring and using Tokens.

Tokens may only be redeemed at www.Linda Silver Designs.com or as otherwise specifically designated and approved by Linda Silver Designs.

Tokens Rules Tokens are one of the ways that Linda Silver Designs rewards you for certain activities. These rules are part of and an addition to the Terms of Use and, as such, you understand and agree that Tokens and any receipt, use or other activity involving Tokens are subject to your compliance with the Terms of Use, including these Tokens Rules, and any other rules and requirements Linda Silver Designs may impose now or in the future.

1. Tokens may be awarded participation in site activities, and as otherwise determined by Linda Silver Designs, as specified at www.Linda Silver Designs.com.

2. Tokens may only be redeemed at www.Linda Silver Designs.com or as otherwise specifically directed by Linda Silver Designs and in accordance with the specific Tokens-redemption offer.

3. Linda Silver Designs may, without prior notice and in its sole discretion, alter, limit, or modify program rules, regulations, Tokens earning structure, Tokens redemption levels, or any other feature of the Tokens program at any time.

4. Linda Silver Designs reserves the right to void the membership and/or redemption privileges of any person(s) who have wrongfully earned Tokens (whether by circumvention, transfer, purchase, deception, forgery, fraud, or otherwise), or have breached these Tokens Program Rules or the Website Terms of Use.

5. Only the individual member engages in the Tokens-generating activity may earn and use Tokens. Tokens are not transferable from one Linda Silver Designs account to another. Tokens may not be reproduced, are not redeemable for cash, and are good for one-time use only. Tokens will be deducted from the member's account at the time of redemption.

7. Members are solely responsible for determination and payment of any tax or other fees, service charges or liability arising out of earning or redeeming Tokens.

8. Members are subject to and shall comply with any additional terms, conditions and restrictions that apply to specific redemptions.

9. Tokens may be redeemed immediately or accrued over time, up to a maximum of 12 months. Tokens will expire on a rolling monthly basis if not redeemed within 12 months unless otherwise extended by Linda Silver Designs at its sole discretion.

10. Linda Silver Designs has absolute discretion with respect to how Tokens are earned and how Tokens are used. Linda Silver Designs may zero out and/or reduce your Tokens if Linda Silver Designs becomes aware of any alleged or confirmed violation of the Terms of Use, the Tokens Program Rules, or any applicable law or regulation, and the final determination with respect to such Tokens in connection with such alleged or confirmed violation shall be in Linda Silver Designs sole discretion.

11. Violations of these Tokens Program Rules may result in loss of membership, permanent or temporary block of access and/or membership to the Website, loss of or reduction of Tokens, or as otherwise reasonably determined by Linda Silver Designs in its sole discretion.

12. Linda Silver Designs SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A MEMBER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A MEMBER'S REDEMPTION OF Tokens.

Redemption Rules The following rules are part of and an addition to the Terms of Use above, and, as such, you understand and agree that any request to redeem or use Tokens is subject to your compliance with the Terms of Use, including these rules, and any other rules and requirements Linda Silver Designs may impose now or in the future.

1. Using your browser's autofill tool or any other automated means to enter required information is NOT allowed (including Roboform) and will not work as we continue to introduce new anti-botting measures.

2. Your use of any bots, programs, or any method that involves the use of deception, false information, fraud, manipulation, avoidance, or cheating of any kind or your enabling others to do so (whether related to this redemption, qualifying for this redemption or any use whatsoever of the website) is strictly prohibited. Any such violation will result in disqualification from this redemption, and, any further penalties Linda Silver Designs deems appropriate, including loss of all or any portion of Tokens, and termination of membership.

3. In addition to complying with these Rules, terms, and conditions, all Linda Silver Designs Terms of Use and Tokens Rules apply to this redemption. Violation of any of these requirements, terms and conditions will result in disqualification from this redemption, and any further penalties Linda Silver Designs deems appropriate.

4. Linda Silver Designs, in its sole discretion and at any time, will make any and all determinations regarding violations, penalties, and all other matters affecting this redemption.

 

VII. Miscellaneous Terms and Conditions

Breach: Without limiting other remedies available, Linda Silver Designs may, without prior notice, limit your activity, immediately remove your item listings, warn Linda Silver Design's community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:

(a) you breach this Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;

(b) Linda Silver Designs is unable to verify or authenticate any of Your Information; or

(c) Linda Silver Designs believes that your actions may cause financial loss or legal liability for you, Linda Silver Design's users or Linda Silver Designs.

No Warranty: LINDA SILVER DESIGNS OR LINDA SILVER DESIGNS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LINDA SILVER DESIGN’S SUPPLIERS PROVIDE LINDA SILVER DESIGNS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LINDA SILVER DESIGNS  or LINDA SILVER DESIGNS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND LINDA SILVER DESIGNS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation On Liability: IN NO EVENT SHALL LINDA SILVER DESIGNS , AND (AS APPLICABLE) LINDA SILVER DESIGNS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR LINDA SILVER DESIGN’S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

LINDA SILVER DESIGNS  LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF LINDA SILVER DESIGNS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BONANZLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification: YOU AGREE TO INDEMNIFY AND HOLD LINDA SILVER DESIGNS AND (AS APPLICABLE) SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.