This User Agreement describes the terms and
conditions applicable to your use of www.creative-resale.com (this site). and
the general principles for the use of the websites of Creative Resale's
subsidiaries and affiliates. Prior to registering to use this Site, submitting
a purchase or products listed on this Site or otherwise accessing information
from this Site, please carefully read this Agreement. The term
"members" and the term "users" shall refer to both buyers
and sellers registered on Creative Resale.
1. GENERAL INFORMATION
By accessing this Site you agree to the terms
and conditions set forth below, to comply with all local laws regarding online
conduct and acceptable content.
In addition, you must abide by Creative Resale’s
policies as stated in the Agreement and the Creative Resale policy
documents listed below (if applicable to your activities on or use of the Site)
as well as all other operating rules, policies and procedures that may be
published from time to time on the Site by Creative Resale, each of which is
incorporated herein by reference and each of which may be updated by Creative
Resale from time to time without notice to you.
2. BUYING AND SELLING
Only a Venue
Creative Resale’s role as a venue is to connect the buyer and the seller. This
means that when you place an ad or make a purchase on Creative Resale, you are
entering into a direct transaction with an individual seller or buyer. We
encourage the two parties to independently work through the transaction to
A transaction is completed between the buyer and the seller ships the item. We
are not involved in the actual transaction between buyers and sellers, and we
make no representation, by using Creative Resale site and its services you agree
All prices quoted are in U.S. Dollars. Pricing on Items is
responsibility of the member that listed such items.
Creative Resale’s function as a venue is to let users list or sell
items that comply with Creative Resale policies and sell them at a fixed price.
Creative Resale is not directly involved in transactions between members
(buyers and sellers).
Creative Resale does not pre-screen its members, the content or
the information provided by members (buyers and sellers).
You agree that Creative Resale, as a venue is not responsible or
liable for any content, information, images, items, usernames, profiles posted
by you and other members.
Creative Resale does not have control over the quality, legality
and safety of the items listed, the ability for the sellers to complete a
transaction or the buyer to pay for the items. Creative Resale does not
transfer legal ownership of items from the seller to the buyer.
You agree that Creative Resale 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 Creative Resale. You
use the Creative Resale service at your own discretion.
The persons using the Site (a) are not misrepresenting their
identity, location or authority to enter into contracts, and (b) are of legal
age and capacity to enter into contracts.
A seller placing an Item on the Site is able to or will complete
the sale of the Item or deliver the Item to the buyer, or that a buyer bidding
on an Item is able to or will complete the purchase of an Item from a seller.
A seller has truthfully and accurately described an Item placed on
An Item listed for sale on the Site exists, or is (a) safe, (b) of
any particular quality, (c) non-infringing with regard to the intellectual
property rights of any person or entity, or (d) free from liens, encumbrances
or contractual claims attributable to seller, or that an Item may be legally
sold by the seller.
The sale and transfer of an Item complies with any or all
applicable legal requirements for the sale, transfer and transport of that
Item, including but not limited to statutes, regulations or requirements of any
country, state, locality, province, municipality or other government authority
or regulatory entity regarding sales or auctions, the sale and/or transfer of
any Item, export or import control, taxation, duties or tariffs, presence or
licensing of brokers (the foregoing, “Legal Requirements”).
You must be 18 years or older to become a
seller on Creative Resale. Individuals under the age of 18 can become sellers
under the supervision of a parent or legal guardian, the latter becomes
responsible for all activities. Creative Resale reserves the right to remove
any items, cancel invalid accounts and to refuse service to anyone for any
reason at any time.
Resale may alter, amend or otherwise modify any term, provision or condition of
set forth on this Site. Any such purported alteration, amendment or other
modification shall be void and of no force or effect. Any orders placed by a
buyer on this Site are binding upon buyer when made.
All applicable taxes are the responsibility of buyer and buyer
will indemnify Creative Resale, and hold it harmless, from and against any
Claims relating to taxes assessed on Creative Resale.
All pricing quotes on products and shipping are between buyer and
The customer is responsible for all shipping and handling.
5. RESTRICTED ACTIVITIES
The information about any item listed and any
activities on Creative Resale shall not:
inaccurate or misleading;
fraudulent or involve the sale of counterfeit or stolen items;
third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of privacy; or
law, statute, ordinance or regulation; or
items that have been identified by the U.S. Consumer Products Safety Commission
(CPSC) as hazardous to consumers and there subject to recall;
or contain child pornography.
6. DISCLAIMER OF LIABILITY
Creative Resale shall not be liable to any
buyer or seller for any indirect, incidental, consequential, special or
exemplary damages or lost profits in connection with any item sold or listed on
this Site. Creative Resale Parties will not be responsible for claims, liabilities,
losses, costs, fees, expenses, obligations and causes of action
("Claims") resulting from defects or alleged defects of any item sold
on this Site or from the subsequent use of the items, regardless of whether
such damage arises out of or relates to: (i) any reliance on the materials
presented; (ii) any loss of use, data or profits; (iii) any delay or business
interruptions; (iv) personal injury or property damage; or (v) any information
provided on this Site.
Members hereby agree to defend, indemnify and
hold harmless Creative Resale Parties from and against any and all Claims
incurred or suffered by member or any other party arising from or relating to
any item sold or listed on this Site, including, without limitation, any Claim
arising by reason of or in connection with any loss, damage or injury to person
8. COMPLIANCE WITH LAWS
You agree to:
at all times
comply with all applicable laws, including, without limitation, any and all
applicable laws governing exports and any applicable international laws;
any laws, third party rights, or Creative Resale’s policies; and
not use this
Site if you are not able to form legally binding contracts or are under the age
9. GOVERNING LAW; VENUE; JURISDICTION
This Site and the use of this Site shall be
governed by and construed in accordance with the internal laws (as opposed to
the conflicts of law provisions) of the State of Michigan. Any litigation
arising out of or related to this Site shall be instituted and prosecuted only
in the appropriate state or federal court situated in Wayne County, Michigan.
Each user of this Site hereby submits to the exclusive jurisdiction and venue
of such courts for purposes of any such action and the enforcement of any judgment
or order arising there from. Each user of this Site hereby waives any right to
a change of venue and any and all objections to the jurisdiction of the state
and federal courts located in Wayne County, Michigan.
If any provisions of this Site are held
to be invalid or unenforceable, such provisions shall be modified to the
minimum extent necessary to make them or their application valid and
enforceable, and the validity and enforceability of all other provisions of
this Site and all other applications of such provisions shall not be affected.
11. ATTORNEY'S FEES
In any legal proceedings arising from, under or
in connection with this Site, the prevailing party shall be entitled to recover
from the other party attorneys' fees and costs incurred by the prevailing party
in preparation for and in connection with all trial and appellate proceedings.
The captions of the sections of this Site are
for convenience and reference only. Any pronouns or references used herein
shall be deemed to include the masculine, feminine or neuter genders as
appropriate. Any expression in the singular or the plural shall, if appropriate
in the context, include both the singular and the plural.
No waiver by Creative Resale of any right
conferred by this Site or any other provisions of this Site will be deemed a
waiver of any other such right or provision or a waiver of that same right or
provision at any other time.
All provisions of this Site related to
indemnification, disclaimers and limitations on liability shall survive the
termination or removal of this Site.
Last Rev. July 10, 2016