terms and conditions

Wood Temple LLC Terms & Conditions

1. Terms

These terms are a legally binding contract between you and Wood Temple LLC. Moving forward, we will refer to Wood Temple LLC, and any of its subsidiaries collectively as “WT”.

2. Accepting These Terms

By agreeing to these terms, you also agree to resolve all disputes through binding arbitration, in other words, you waive any right to have any disputes decided by a judge or jury, and that you waive your rights to participate any in class action lawsuits, arbitrations or representative actions.

This agreement sets out your legal rights and rules of conduct when using any services by WT. So please read it carefully:

3. Privacy Policy

At WT, we understand your personal information is important to you. By using our services, you agree that we can collect, process and utilize your information to provide a complete range of services through our platform. Both WT as well as our sellers will collect and process your personal information to provide you a host and range of services. By utilizing our services, you agree to indemnify WT against any violations or damages caused by our sellers in connection with the use of our services.

4. Your Account with WT

To get started with WT, you’ll need to create an account. Here are some important rules you must agree to utilize our services:

  • You must be 18 or older to user our services. If you are under the age of 13, you may not utilize our services. If you are over the age of 13, you may use our services with the consent of a parent or legal guardian who manages your account.
  • Provide accurate information concerning yourself. It’s a violation of our policy to use false information or impersonate another individual when creating your account.
  • Use appropriate language when creating your account and communicating with other members and customers within the marketplace. It is not OK to use offensive, negative or otherwise antagonistic communication when using our services.
  • You are solely responsible for any activity on your account.
  • Clarification regarding your relationship with WT. These terms do you create an agency, partnership, joint venture, employment or franchisee relationship between you and WT. 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.
  • 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.

4. Content

Content that you post when using our services is your content. That includes anything you post using our services such as store names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.

  • 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.

  • Permission to Use Your Content.

    By posting Your Content through our Services, you grant WT a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help WT function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

  • Rights You Grant WT.

    By posting Your Content, you grant WT 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 to provide the Services and to promote WT, your WT store, or the Services in general, in any formats and through any channels, including across any WT Services or third-party website or advertising medium.

  • Reporting Unauthorized Content.

    WT 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 WT. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

  • Inappropriate, False, or Misleading Content.

    There are certain types of content we don’t want posted on WT’s Services. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation 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.

6. 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:

  • 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 not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against WT, another WT user, or a third party.

  • Permission to Use Your Content.

    By posting Your Content through our Services, you grant WT a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help WT function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

  • Pay Your Bills.

    You are responsible for paying all fees that you owe to WT. 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.

  • Don’t Steal Our Stuff.

    You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

  • 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.

  • Follow Our Trademark Policy.

    The names “WT” and any other marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of WT in the US. If you’d like to use our trademarks, you must seek our permission first.

7. Affiliates

By utilizing the services of WT as an affiliate. These terms will be released shortly. Please contact us if you are currently an affiliate and are a seeking information regarding our terms.

8. Termination

  • Termination by You.

    You may terminate your account with WT 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. And you still have to pay any outstanding bills.

  • Termination by WT.

    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 websites or mobile apps. WT may refuse service to anyone, at any time, for any reason. If you or WT terminate your account, you may lose any information associated with your account, including your Content.

  • We May Discontinue the Services.

    WT 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.

9. Warranties and Limitation of Liability

  • Items You Purchase.

    You understand that WT does not manufacture, store, or inspect any of the items sold through our Services. We provide the marketplace; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so WT 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 WT 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).

  • Termination by WT.

    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 websites or mobile apps. WT may refuse service to anyone, at any time, for any reason. If you or WT terminate your account, you may lose any information associated with your account, including your Content.

  • 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. WT 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.

  • Third-Party Services.

    Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. WT is not a party to those agreements; they are solely between you and the third party.

  • Gift Cards and Promotions.

    You acknowledge that WT does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

  • Warranties.

    WT 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 ET, 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 WT’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars 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.

10. Indemnification

If WT gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend WT (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.

11. Disputes with Other Users

If you find yourself in a dispute with another user of WT’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

  • Resolution System.

    Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our resolution system. WT 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. WT has no obligation to resolve any disputes.

  • Release of WT.

    You release WT from any claims, demands, and damages arising out of disputes with other users or parties.

12. Disputes with WT

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:

  • Governing Law.

    The Terms are governed by the laws of the State of California, 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.

  • Arbitration.

    You and WT 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 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 WT 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.

  • 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 $10,000, WT 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.

  • Forum.

    We’re based in Laguna Beach, California, so any legal action against WT related to our Services must be filed and take place in Los Angeles County area. That means the seat of any arbitration shall be Los Angeles County. For any actions not subject to arbitration, you (where your contract is with WT) and WT agrees to submit to the personal jurisdiction of a state court located in Los Angeles County, California or the United States District Court for Los Angeles County.

  • Modifications.

    If we make any changes to this “Disputes with WT” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against WT prior to the date the changes became effective. WT will notify you of substantive changes to the “Disputes with WT” 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 WT 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 WT in accordance with the provisions of this “Disputes with WT” 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.

13. 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.

14. Additional Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and WT 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.

15. Contact Information

If you have any questions about the Terms, please email us at: legal@thewoodtemple.com