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Terms Of Services
This document outlines our Terms Of Service. These Terms are a legally binding contract between you and East&Grand ( East&Grand.com, East&Grand, LLC and its subsidiaries). This contract sets out your rights and responsibilities when you use East&Grand.com. Be creating an account, Buying or Seller on our site you agree to comply with these terms.
1. Your Privacy
Your personal information is as important to you as it is to us therefore we agree to not sell, share or otherwise disclose your information to any third party.
Both East&Grand and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not East&Grand, will be responsible for that unauthorized disclosure.
If, however, East&Grand and sellers are found to be joint data controllers of buyers’ personal information, and if East&Grand is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify East&Grand for the expenses it occurs in connection with your processing of buyer personal information.
2. Your Account
You’ll need to create an account with East&Grand.com to use some of our Services. Here are a few rules about accounts:
A. You must be 18 or older to use our Services. Otherwise, if you are 13 or older, you may only use our Services under the supervision of a parent or legal guardian who manages your account. Children under 13 are not permitted to use East&Grand or the Services.
B. Be honest. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
F. Your relationship with us. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and East&Grand.
3. Your Content
Content that you post using our Services is your content and we don’t make any claim to it. That includes anything you post using our Services i.e shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc..
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to said contant and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant East&Grand a license to use it. We don’t claim any ownership to said content, but we have your permission to use it to help East&Grand function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
C. Rights You Grant East&Grand. By posting Your Content, you grant East&Grand a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote East&Grand, your East&Grand store, or the Services in general, in any formats and through any channels, including across any East&Grand Services or third-party website or advertising medium. i.e Instagram, Twitter, Facebook etc.
D. Reporting Unauthorized Content. East&Grand has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at info@EastandGrand.com. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
E. Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of another users privacy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
4. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against East&Grand, another East&Grand user, or a third party.
- B. Pay Your Bills. You are responsible for paying all fees that you owe to East&Grand. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
- D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- E. Follow Our Trademark Policy. The names “East&Grand” and “EastandGrand,” and the other East&Grand marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of East&Grand in the US and other countries. If you’d like to use our trademarks, please contact us at firstname.lastname@example.org
Termination By You. You may terminate your account with East&Grand at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination nor will it cancel any outstanding bills.
Termination By East&Grand. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. East&Grand may refuse service to anyone, at any time, for any reason.
If you or East&Grand terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. East&Grand reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
6. Warranties and Limitation of Liability
Items You Purchase. You understand that East&Grand does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so East&Grand cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release East&Grand from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. East&Grand is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users.
|Warranties. East&Grand is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither East&Grand, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall East&Grand’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid East&Grand in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
If East&Grand gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend East&Grand (including any of our employees) and hold us harmless from any legal claim or demand including reasonable attorney’s fees that arises from your actions, your use or misuse of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
8. Disputes with Other Users
If you find yourself in a dispute with another user of East&Grand’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website may speak with a member of our team by contact us at email@example.com. East&Grand will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. East&Grand has no obligation to resolve any disputes.
Release of East&Grand. You release East&Grand, Eastandgrand.com, East&Grand, LLC from any claims, demands, and damages arising out of disputes with other users or parties.
9. Disputes with East&Grand
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and East&Grand agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and East&Grand are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $1,000, East&Grand will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
D. Forum. We’re based in New York, so any legal action against East&Grand related to our Services must be filed and take place in New York. That means the seat of any arbitration shall be New York. For any actions not subject to arbitration, you (where your contract is with East&Grand, LLC.) and East&Grand agree to submit to the personal jurisdiction of a state court located in New York or the United States District Court for the Eastern District of New York.
E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.
F. Modifications. If we make any changes to this “Disputes with East&Grand” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against East&Grand prior to the date the changes became effective. East&Grand will notify you of substantive changes to the “Disputes with East&Grand” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send East&Grand a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and East&Grand in accordance with the provisions of this “Disputes with East&Grand” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
10. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
11. Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and East&Grand regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
12. Contact Information
If you have any questions about the Terms, please email us at: Info@eastandgrand.com