DELIBERATE ACTS OF CREATION
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Terms & Conditions

Introduction

Welcome to YCRE8. By using YCRE8, you agree to the following terms with YCRE8 LLC.

This Agreement is effective on January 1, 2015, for current users, and upon acceptance, for new users.

Scope

Before you may become a Company member of YCRE8, you must read and accept all of the terms in this User Agreement and the YCRE8 Privacy Policy. By accepting this User Agreement, you agree to abide by this User Agreement and Privacy Policy and will comply whenever you use the YCRE8 site or services, or when you use the tools we make available to interact with linked YCRE8 sites and services.

Using YCRE8

While using YCRE8 services, 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 our policies, such as the Prohibited and Restricted Items policies, etc.
  • Use our site, services or tools if you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our site, services or tools;
  • Fail to ship items purchased from you, once payment has been made and verified
  • Fail to deliver payment for items purchased buy you, unless the Supplier has materially changed the item’s description after you have already paid for a product or service, a clear typographical error is made, or you cannot authenticate the seller’s identity;
  • Manipulate the price of any item or interfere with other users’ listings;
  • Circumvent or manipulate our fee structure or our billing process.
  • Post false, inaccurate, misleading, defamatory, or libelous content (including company information)
  • Take any action that may undermine the feedback (such as displaying, importing or exporting feedback information off of the site or using it for purposes unrelated to YCRE8);
  • Transfer your YCRE8 account (including feedback) and User ID to another party without their consent;
  • Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm YCRE8, or the interests or property of YCRE8 users;
  • Export or re-export any YCRE8 tools except in compliance with the export control laws of any relevant jurisdictions;
  • Copy, modify or distribute rights or content from the YCRE8 site, service or tools or YCRE8′s copyrights and trademarks; or
  • Harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing YCRE8

YCRE8 and the entire SSSPSYF community work together to keep our site and services working properly and our community safe. Please report problems, offensive content, and policy violations to us at issues@ycre8.com

YCRE8 works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify YCRE8 at issues@ycre8.com and we will investigate.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites 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. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the YCRE8 site, service or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by YCRE8 are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening an issue relating to any purchase. Buyers and sellers agree to follow the requirements of PayPal, MasterCard or Visa. YCRE8 will not look at any claim filed in accordance with PayPal, MasterCard or Visa. YCRE8 has no return policy because we sell nothing to end users and receive no commission or compensation of any sort from the sale of any product on our site. We only connect the buyer and the seller. Therefore the transaction is up to the buyer and the seller to work out between themselves. We do however, require YCRE8 sellers to comply with a reasonable resolution process and do strongly encourage dialogue to resolve any issues that may arise.

Fees and Services

Joining YCRE8 as a company, mentor, supplier, job seeker, retailer or investor is free until such time as it becomes necessary to charge for that membership. We do not charge any fee for using other services, such as selling items and or related services.Changes to our fees or services schedule will be effective after we provide you with at least sixty (60) days’ notice by posting the changes on the YCRE8 site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 60 days past due, deducting the amount owed from your PayPal, MasterCard or Visa account balance.)

 

Content

When you give us content on your pages, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

At some point for the convenience of sellers, buyers, mentors, and all other members, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including YCRE8 users). You may use catalog content solely in connection with your YCRE8 listings during the time your listings are on YCRE8 site.

Limitation of Liability

You will not hold YCRE8 responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional Retail Store. Instead, our site is a venue to allow anyone to offer, sell, and buy just about anything that relates to SSSYFPS, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores and fixed price formats. We are not involved in the actual transaction between buyers and sellers. While we may occasionally try to  help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or value of item for sale, 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. For certain categories such as large relatively expensive items (such as surfboards, snowboards, motorcycles, etc) an order initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

We do not transfer legal ownership of items from the seller to the buyer.  California Commercial Code § 2401(2) 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 of or your inability to use our site or services.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fee you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.

Release

If you have a dispute with one or more of our users, you agree to 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Access and Interference  

You agree that you will not:

  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of YCRE8 and the appropriate third party, as applicable;
  • Interfere or attempt to interfere with the proper working of the site or service or any activities conducted on or with the site or service.

Conditions of Membership

By listing an item or service on the YCRE8 site, you agree to pay YCRE8’s fees for such, assume full responsibility for the content of the listing and items offered, and accept the following listing conditions: When you list items or services on YCRE8’s site, your products or services will be posted on YCRE8’s site and can be viewed by all members and non members.  Your products or services may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so YCRE8 can’t guarantee exact listing duration.  Where your products or services appear in search and browse results may be based on certain factors including listing format, title, keywords, price, feedback, and detailed seller comments.

 

 

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the YCRE8 Privacy Policy. We view protection of users’ privacy as a very important community principle. 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 us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the YCRE8 Privacy Policy. If you object to your information being transferred or used in this way please do not use our service.

Indemnity

You will indemnify and hold us (and our 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 your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on YCRE8′s Corona Del Mar address (in the case of YCRE8) or to the email address you provide to YCRE8 during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Legal Disputes

If a dispute arises between you and any other private party or company, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly and inexpensively. Accordingly, you and YCRE8 agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our service (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 to seek a resolution to the issue by sending us an email to issues@ycre8.com. 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 YCRE8 must be resolved exclusively by a state or federal court located in Orange County, 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 courts located within Orange County, 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 $1,000, 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 YCRE8 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, YCRE8 may recover attorneys’ fees and costs up to $100, provided that YCRE8 has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

  • Additional terms of membership may be added at any time to adapt to a changing marketplace.

These policies may be changed from time to time. Changes take effect when we post them on the YCRE8 site. When using particular services on our site, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

General

YCRE8 LLC is located at PO Box 808, Corona Del Mar, CA 92625. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn’t waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the YCRE8 member dash-board that this Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision,”writing” doesn’t include an email message and a signature doesn’t include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210

 

 

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