PLEASE READ THESE TERMS & CONDITIONS OF SERVICE CAREFULLY
User agrees that by accessing the Site, any services and or sales, User has read, understood, and agrees to be bound by all of the following Terms of Service. IF USER DOES NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN USER IS EXPRESSLY PROHIBITED FROM USING THE SITE OR SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Our website www.davillagenetwork.com, which includes related social networking sites and pages (collectively, “Site”) along with the various content, features, other materials, products, and services offered or available in connection with the online store (“Services”) are operated by Da Village Network LLC. (“we,” “us,” and “our”) and provided to buyers, sellers, and other visitors (each a “User”) accessing or interacting in any way with the Site. Any new feature or tool added to the online store shall also be subject to this Terms of Service. Users can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is User’s responsibility to check this page periodically for changes. Continued use of or access to the Site following the posting of any changes constitutes acceptance of changes.
User warrants and represents having the right and legal capacity to agree to and comply with these Terms of Service. User affirms being at least the age of majority in his or her state or province or residence, or that User is the age of majority in his or her state or province of residence and has given us consent to allow any of User’s minor dependents to use the site. User is fully able and competent to enter into the terms, membership, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Further, User warrants and represents that he or she will not access the Site through automated or non-human means, whether through a bot, script, or otherwise. If User is using the Site on behalf of a third party, including but not limited to a business entity, user warrants full authority to act as an authorized representative of that third party and further authority to bind that third party to these Terms of Service.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of the information contained within the online store or any other goods or services displayed on or offered through the Site. User understands and agrees that the content of this Site does not contain or constitute representations to be reasonably relied upon, and User agrees to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Service and the Site is provided for informational and advertising purposes only.
User may not use the Site or Services for any illegal or unauthorized purpose nor may User, in the use of the Services, violate any laws. Among unauthorized products are the following: Adult content, Adult themes in family content, Dangerous or derogatory content , Recreational drugs and drug-related content, Intoxicants of any sort, illegal drugs or products, alcoholic beverages, games of chances, pornography and graphic Adult content images or products, Alcohol-related content, Tobacco-related content, Gambling and games-related content, Healthcare-related content, Hacking and cracking content, Products that offer compensation programs, Misrepresentative content, Shocking content, Weapon-related content, Content that enables dishonest behavior, and Illegal content. Postings of any unauthorized products or content may result to immediate termination of account, lifetime ban for the accused individual and others associated with the accused individual from use of the Site and Services.
Although we strive to provide accurate, reliable, and credible information on the Site, certain Services offered or available through the Site are subject to change and may not be accurate, complete or current. We are not responsible if information made available on this Site or related to the Services is not accurate, complete or current. The material on this Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on information contained on this Site is at User’s own risk. This Site may contain certain historical information, which is not current and is provided for User reference only.
We reserve the right to change, modify, or remove the contents of this Site or any of the terms or conditions contained in these Terms of Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve our right to modify or discontinue all or part of the Services without notice at any time. For example, prices for products offered or available in the online store and other Services available in connection with the Site are subject to change without notice. We shall not be liable to User or any third party for any modification, price change, suspension or discontinuance of the Site or the Services. Any changes or modifications will be effective immediately upon posting the revised Terms of Service on the Site and User waives any right to receive a specific notice of each such change or modification. User’s continued use of the Site or Services after such posting means User accepts and agrees to be bound by the modified Terms of Service. We encourage User to periodically review these Terms of Service to stay informed of updates. User agrees to be responsible for monitoring changes to the Site.
By creating a Business Account, you represent that (i) the individual acting on behalf of the Customer has the authority to bind the Customer, (ii) the Customer has all requisite right, power, and authority to enter into, perform its obligations under, and grant the rights and authorizations in the Agreement, and (iii) the Customer is an Eligible Entity. “Eligible Entities” include all types of businesses (for example, LLCs, LLPs, corporations, partnerships, sole proprietorships, and PLLCs), all types of governmental entities (federal, state, local, and quasi-governmental entities), and all types of non-profit organizations (including 501(c) organizations, 527 organizations, and similar tax-exempt organizations). Individual consumers should use DaVillageNetwork.com . Upon completion of your registration, a “Business Account” will be created for your organization. You are responsible for all activities that occur under your Business Account,You are responsible for maintaining the security of the passwords associated with your Business Account. if you believe an unauthorized person has access to your password, Business Account, you must contact us immediately and change any compromised passwords.
We require you to provide information about you and your Users to access and use Da Village Network LLC, and you may need to provide supplemental information to use or purchase some Da Village Network LLC, products or services. You will ensure that all information that you provide to us is at all times accurate and complete. We may share information you provide (for example, your organization’s name, addresses, Taxpayer Identification Number) with others in your organization and third parties to confirm the accuracy of such information and your eligibility to use Da Village Network LLC, or certain services (for example, to confirm you hold a valid license, certification, or credential where required).
We have made every effort to display as accurately as possible the colors and images of products displayed on the Site. We cannot guarantee that any User’s electronic display of any color or image will be accurate. Certain products may be available exclusively online through the Site. Such products may have limited quantities and are subject to return or exchange only according to the individual sellers Return Policy.
We reserve the right, but not the obligation, to limit the sales of products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products offered or available on the Site. All descriptions of products or pricing are subject to change at the sellers sole discretion. However no product or service maybe listed at a different price on sellers sites. Price inflations to make up for 15% fee are not allowed and will result in removal of products/services at our sole discretion. As we reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, information, service, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site or Services will be corrected.
All users are responsible for their monthly membership fee. Which will be automatically charged the card on file unless cancelled before the due date, after their 30 day free trail expires. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card data, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify User by contacting their e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. User agrees to provide current, complete and accurate purchase and account information for all purchases made via the Site. User further agrees to promptly update account and other information, including email address and payment card information and expiration dates, so that we can complete User transactions and contact Users as needed.
We accept advertisers and sponsors to display their advertisements and other information in certain areas of the Site such as, but not limited to, sidebar advertisements or banner advertisements. If User is an advertiser, User shall take full responsibility for any advertisements it places on the Site, and any services provided on the Site or products sold though those advertisements. We simply provide the space to place such advertisements, and has no other relationship with advertisers or sponsors. Advertisers represent and warrant that they possess all rights and authority to place advertisements on the Site including, but not limited to, intellectual property rights, publicity rights and contractual rights. Advertisers agree that all advertisements placed on the Site qualify as User Generated Content as defined herein and under law. Advertisers agree that such advertisements are subject to our DMCA Copyright Policy and take-down provisions found therein. Advertisers agree that there shall be no refund or other compensation for DMCA takedown related issues.
User acknowledges and agrees that any feedback, comments, questions, suggestions, ideas, or other information or materials regarding the Site or Services that are provided by User as a submission to us or any posting on the Site, shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any lawful purpose without acknowledgment or compensation to User or the business User represents. User hereby waives all moral rights to any such materials and User hereby warrants that any such materials are original with User or that User has the right to submit such materials. User agrees there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in User’s communications.
User Generated Content will be viewable by other users of the Site and Services and through third party websites. User should only provide User Generated Content that is intended to be shared with others under these Terms of Service. The Site includes Services and Products in which User may create, post, share, or store content, messages, materials, data, text, documents, photos, email, name, likeness, video, advertisements, listings, information, profile and other content that User contributes to the Site (“User Generated Content”). User Generated Content belongs to the User who created the content, subject to our rights as otherwise set forth in these Terms of Service and User warrants and represents that User has the legal right to provide any User Generated Content to this Site. User gives us an irrevocable and non-exclusive license to use, reproduce, publish, distribute, modify, destroy, or otherwise use User Generated Content, including copies thereof, for the purposes of the Site or the Services. User agrees to waive all moral rights in User Generated Content, and User warrants that moral rights have not otherwise been asserted in the User Generated Content. User is solely responsible for its User Generated Content and the consequences of submitting, posting, or publishing User Generated Content to the Site. User expressly agrees to exonerate us from any and all responsibility and to refrain from any legal action against us regarding User Generated Content.
User is solely responsible for the use of the Site and Services by User and the business User represents and User agrees not to post, upload, transmit, distribute, store, create, or otherwise publish through the Site any of the following: (a) User Generated Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading; (b) User Generated Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law; (c) User Generated Content that may infringe on the rights of third parties, including any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party; (d) unsolicited promotions, advertising, or solicitations; (e) private information of any third party; (f) viruses, corrupted data or other harmful, disruptive or destructive files; or (g) User Generated Content that, in our sole judgment, is objectionable or which restricts or inhibits any other user from using or enjoying the Site or Services, or which may expose us or other users of the Site or Services to any harm or liability of any type.
We take no responsibility and assume no liability for any User Generated Content posted, stored, or uploaded by User or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity User may encounter on the Site. Use of the Site and Services is at User’s own risk. Enforcement of the User Generated Content or conduct rules set forth in these Terms of Service is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site or Services will not contain any content that is prohibited by such rules.
We are not liable for any statement, representation, or User Generated Content provided by User in any area of the Site. Any use of the Site or Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of User’s rights to use the Site and Services. Although there is no obligation to do so, we reserve the right, in our absolute and sole discretion, to delete or edit any User Generated Content at any time and for any reason without notice. Any use of the Site or Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of User’s rights to use the Site and Services. We have no obligation to monitor the User Generated Content. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Materials uploaded as User Generated Content may be subject to posted limitations on usage, reproduction and/or dissemination. User must adhere to such limitations if User is responsible for uploading the materials.
User should always use caution when giving out any personally identifiable information in any User Generated Content. We do not control or endorse the content, messages or information found in any User Generated Content and the views and opinions expressed by users of the Site and Services do not necessarily state or reflect our views; therefore, we specifically disclaim any liability with regard to the User Generated Content. We will maintain and store User Generated Content for as long as we operate the Site. In the event User wants us to delete any User Generated Content, User must notify us via email.
The Site and Services, which include but are not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, as well as their selection and arrangement, are owned by us. The Site and Services are subject to copyright, trademark, and other intellectual property rights. We will protect its copyrights in the Site and Services to the fullest extent allowed under law. User agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes to the Site other than as allowed by the Terms of Service.
Unless otherwise indicated, the Site and Services are our proprietary property and protected by copyright laws. All rights are reserved. User many not use the Site or Services for anything else that is not allowed under these Terms of Service or the copyright laws of the United States. Nothing in these Terms of Service will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We respect the intellectual property rights of others. We have adopted a policy of terminating users of the Site or Services who are deemed to be repeat copyright infringers. Each User should be aware of and comply with applicable copyright laws. Any breach of these Terms of Service shall result in the immediate revocation of the license granted through these Terms of Service without notice to User. If User believes that anything on the Site infringes upon any copyright which User owns or controls, User may file a notification of such infringement with us by email to: email@example.com. f User knowingly misrepresents in the notification that the material is infringing, User will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our reliance on such misrepresentation in removing or disabling access to the material claimed to be infringing.
If User believes any content submitted by User, which was removed (or access was disabled), is not infringing, or that User is authorized by the copyright owner, the copyright owner’s agent, or by law, to post and use such content, then User may send a counter-notification to firstname.lastname@example.org, acting as our designated copyright agent, containing the following information: User’s physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that User has a good faith belief the content was removed or disabled as a result of mistake or a misidentification of the content; and User’s name, address, telephone number, and e-mail address, a statement that User consents to and a statement that User will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that party that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
The Services and other materials contained in the Site include both our registered and unregistered trademarks, including its domain names, logos, slogans and designs, protected in accordance with the laws of the United States. User may not use our marks, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. In addition, the look and feel of the Site is our service mark, trademark and/or trade dress and may not be copied, imitated or used by User other than as specifically permitted by us. All other trademarks, service marks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or affiliation therewith, by us. User may browse the Site, download and print content if User keeps intact all copyright, proprietary statements and trademark notices. No reproduction of the Site may be distributed for commercial gain.
In addition to other prohibitions as set forth in the Terms of Service, Users are prohibited from using the Site or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services or any related website, other websites, or the Internet. We reserve the right to terminate User access to the Site or Services or any related website for violating any of the prohibited uses.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. During this time there would be no reimbursement, refund, or credit issued to membership fee. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Services any time and for any reason without notice to User or to any business. User agrees that we no liability whatsoever for any loss, damage, or inconvenience caused by User’s inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or Services. We may block, deny, terminate, suspend, or limit User’s access to or use of the Site or Services in our sole discretion, at any time or for any reason and without notice or liability. We have no responsibility or obligation to maintain the Services on the Site or to supply any corrections, updates, or releases in connection therewith.
This Agreement takes effect when you create a Business Account and continues in effect until you or we terminate it. We may terminate the Agreement by providing notice to your administrators. We reserve the right, in our sole discretion, and with or without notice unless required by applicable law, to refuse service; remove or edit content; modify, suspend or discontinue the availability of any features, products, or services; terminate your right to use some or all of the Da Village Network LLC services; and/or cancel orders Da Village Network LLC may choose to charge, modify, or stop charging a fee for any service in its sole discretion. You may terminate the Agreement by giving us notice and closing your Business Account . Upon termination, all rights and obligations under the Agreement automatically terminate except for rights of action occurring prior to termination, payment obligations
The following Da Village Network LLC Software Terms and License apply to your access and use of Da Village Network LLC Business and all features and software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Da Village Network LLC Business (the “Da Village Network LLC Software”). Subject to your compliance with the Agreement and your payment of any applicable fees, Da Village Network LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Da Village Network LLC Business and Da Village Network LLC Software. You may not use data mining, robots, or similar data gathering and extraction tools in connection with Da Village Network LLC Business, nor may you download or copy Da Village Network LLC Business information, including any collection of product listings, descriptions, reviews, or prices without our consent or for the benefit of another merchant. The following terms apply to your use of Da Village Network LLC Software.
You may use Da Village Network LLC Software solely for purposes of enabling you to use Da Village Network LLC Business, as permitted by the Agreement. You may not incorporate any portion of the Da Village Network LLC Software into other programs or compile any portion of it in combination with other programs, or otherwise reproduce, duplicate, copy (except to exercise rights granted in this section), modify, exploit, create derivative works of, distribute, sell, resell, assign any rights to, or license the Da Village Network LLC Software in whole or in part (including any features of Da Village Network LLC Business). All software used in Da Village Network LLC Business is the property of Da Village Network LLC or its software suppliers and is protected by U.S. and international copyright Laws. You may not make any derivative use of Da Village Network LLC Business without the express written consent of Da Village Network LLC.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Da Village Network LLC Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Da Village Network LLC Software at any time and without notice to you
Conflicts. In the event of any conflict between the Agreement and any other Da Village Network LLC or third-party terms applicable to any portion of Da Village Network LLC Software, such as open-source license terms or specific product feature restrictions that are conveyed to you in the feature experience, such other terms will control as to that portion of the Da Village Network LLC Software and to the extent of the conflict.
Suggestions. If you make any suggestions about Da Village Network LLC Business or the features (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner.
Severability. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
Waiver. Our failure to enforce your strict performance of any provisions of this Agreement will not constitute a waiver of our right to enforce such provisions or any other provision of this Agreement subsequently.
Conflicts. In the event of any conflict between the Agreement and the Policies, the Agreement will prevail. In the event of any conflict between the Agreement and the Feature Terms, the applicable Feature Terms will control.
Construction. The word "including" will be interpreted without limitation when used in this Agreement.
Notices. You consent to receive communications from us electronically, including through e-mails, text messages, in-app push notices, notices and messages posted on Da Village Network LLC Business or in your Message Center and other communications made available to you on a desktop or mobile device. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may retain copies of all of these communications for your records. We may also send you notices at the address provided when registering your Business Account, which you agree is a proper and valid address for any legal or contractual purpose. If you are sending Da Village Network LLC Business a legal or contractual notice, you must comply with our notice procedures available
Disputes with Da Village Network LLC , contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use Da Village Network LLC, Pattern by Da Village Network LLC our mobile apps, and the other services provided by Da Village Network LLC (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, rea
You’ll need to create an account with Da Village Network LLC to use some of our Services. Here are a few rules about accounts with Da Village Network LLC:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Da Village Network LLC or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Be honest with us. Provide accurate information about yourself. It’s prohibited 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, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You're 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 financial 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. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Da Village Network LLC Business.
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like 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 Your Content 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 Etsy a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Da Village Network LLC function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree Da Village Network LLC may offer you or Da Village Network LLC buyers promotions on the Site, from time to time, that may relate to your listings
C. Rights You Grant Da Village Network LLC. (Here’s the legalese version of the last section). By posting Your Content, you grant Da Village Network LLC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Da Village Network LLC, your Da Village Network LLC shop, or the Services in general, in any formats and through any channels, including across any Da Village Network LLC Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep Da Village Network LLC going. Consider these examples: if you upload a photo of a listing on your Da Village Network LLC shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Da Village Network LLC
Items You Purchase. You understand that Da Village Network LLC 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 Da Village Network LLC 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 Da Village Network LLC 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. Da Village Network LLC 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. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
WARRANTIES. Da Village Network LLC 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 ETSY, 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 ETSY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ETSY 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.
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS, AS AVAILABLE BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE AND SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO USER. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR SERVICES AT ANY TIME. WE ARE NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR UNAUTHORIZED ACCESS TO ANYONE, OR ALTERATION THEREOF. WHILE WE ATTEMPT TO MAKE USER’S ACCESS AND USE OF THE SITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE, OR OTHER HARMFUL COMPONENTS. USER IS CAUTIONED TO USE THE SITE AND SERVICES AT USER’S OWN RISK.
IN NO EVENT WILL The Village Network LLC WE OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.
Advertisers agree and warrant that they will defend, indemnify, and hold us harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys’ fees, that arise from: (a) Advertiser’s advertisements or any other information an advertiser provides or displays on the Site; (b) advertiser’s violation of these Terms of Service; (c) advertiser’s violation of the rights of a third party, including but not limited to intellectual property rights; (d) any claims that advertiser’s services or business caused damage to a third party; and (e) any false information disseminated through advertisements or any other information advertiser provides or displays on the Site. Advertiser agrees that its obligation to defend, indemnify, and hold us harmless will survive the termination or failure of these Terms of Service and advertiser’s use of the Site.
General User (customer, seller, or anyone using our site) User agrees to defend, indemnify, and hold us harmless, including our employees and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys’ fees, which arise from: (a) User’s use of and access to the Site; (b) User’s violation of this Terms of Service; (c) User’s violation of the rights of a third party, including but not limited to intellectual property rights; (d) any claims that User Generated Content caused damage to a third party; (e) any negligent advice given to any other user with whom User connects through the Site; (f) any overt harmful act toward any other user with whom User connected through the Site; and (g) any act or omission by User related to the Site, Services, or User Generated Content. You will defend, indemnify, and hold harmless Da Village Network LLC, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a "Claim") to the extent such Claim is based on: (a) any breach of the Agreement, (b) any unlawful, improper or negligent use by anyone of any product sold or service provided to you under the Agreement, (c) any dispute between you and your Users, or (d) your gross negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitutes the entire agreement and understanding between the parties and govern use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the parties (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. USER AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF IT DOES NOT, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Rhode Island applicable to agreements made and to be entirely performed within the state of Rhode Island without regard to conflicts of laws principles.
Questions, comments, concerns or reports of any violations regarding these Terms of Service should be sent to us by email at: email@example.com We will try to address all issues to the best of our ability.