1.0 GENERAL TERMS
Zibbet is completely about celebrating the fact that the world is full of creative flair. There are literally millions of artisans around the world brimming with artistic talent. When that creativity is expressed through art the world is a richer place because of it. This is what we firmly believe at Zibbet. Our passion is to champion the cause of promoting artisans and their works to the world so that everyone is more inspired because of it.
We encourage you to be involved in every aspect of Zibbet - display your work, give feedback, write reviews, participate in forums, team up with other members to collaborate on projects, talk to each other and keep an eye out for new services we will continue to add.
Displaying your work on Zibbet puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are cognizant of all of those responsibilities and to make yourself aware of the requirements of this document.
It is important that you read and understand the agreement below. Using this website means you accept this agreement and any changes made after the commencement of use.
1.2 WHO IS ZIBBET
Zibbet is an organization founded by two men for the express purpose of facilitating a common online venue where people from all over the world can celebrate the creation and sharing of all kinds of Handmade items.
The motivating desire behind this enterprise is to promote the objectives of artisans in their quest to have their work seen and appreciated by the world.
This desire is matched by our quest to provide lovers of Handmade with a platform where the very best and most creative works can be found. We want Handmade lovers to find the perfect item for them as they enjoy the Zibbet experience.
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 18 years of age.
If you are under 18, you may use Zibbet only with the permission and supervision of a responsible adult (parent or legal guardian). This is for legal reasons, not because we think kids or teens are any less creative or capable. It may be a good idea to give children space in your own Zibbet if they wish to sell their art.
1.4 ELECTRONIC COMMUNICATION
You consent to receive communications from us by e-mail. When registering as a seller you will be automatically subscribed to receive our 'sellers newsletter', which outlines important news, such as new features, blog posts that will help you further your knowledge about selling online etc. Each email has an 'unsubscribe' link at the bottom of the email. If you don't want to receive these emails anymore, simply 'unsubscribe' via the link and you'll be taken off the list. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
1.5 LINKED WEBSITES
This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current.We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
1.6 USE OF BUTTONS/FLYERS
The graphical buttons and flyers shown on the page “http://www.zibbet.com/banners” are the exclusive property of Zibbet Pty Ltd. You may use these buttons online or in print, for the sole purpose of promoting and supporting Zibbet and its artisans. You must use the buttons only as indicated herein. Zibbet reserves the right to revise the Fine Print at any time and to revoke or enforce any limited license granted herein, in its sole discretion. In particular:
- You may use the buttons solely for the purposes authorized by Zibbet.
- You may not alter the buttons in any manner (e.g., do not stretch, scale down or rotate)
- You may not use the buttons in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zibbet or any of its merchants.
- You acknowledge that all rights to the buttons are the exclusive property of Zibbet.
- You must link the button directly to the Zibbet home page or a relevant shop or market within Zibbet.
2.0 TERMS FOR SELLERS & BUYERS
2.1 FEES & SERVICES
Zibbet provides a range of services including but not limited to, enabling you to publish, sell, discuss and purchase handmade items; interact with other members; and receive the benefits of Zibbet’s purchasing service including payment processing, transaction handling and customer service.
Sellers: Zibbet currently has 2 options for selling items. We have a 100% FREE Basic option where you can list up to 50 items in your shop. You don't have any listing fees or sales fees. You will keep 100% of your earnings. It is totally free. Sellers can also choose to upgrade to a Premium account and pay a small monthly fee or yearly fee and get access to advanced features that are not available on the 'Basic' account. Plus, more features will continue to be added to the Premium account option. Premium sellers can also list an unlimited amount of items in their shop. With the Premium account, you will also pay no listing fees or sales fees.
Premium Shops are currently being offered at a discounted rate to what the normal rate will be. Signing up for a Premium Account now will allow you to lock in that discounted monthly/yearly rate. If you discontinue your Premium Account, you will be subject to paying whatever the going rate is if you wish to return to your Premium Account at a later stage.
Please note that Zibbet offers no refunds or prorated refunds based on cancelations prior to your next billing date. You can cancel your Premium membership and downgrade to Basic, by logging into your account and going to the ‘Account Info’ page. If you are wanting to cancel, but forget to cancel before your next billing date, you are not entitled to a refund. Please note that you will automatically be billed through PayPal each month or year, dependent on if you are a monthly or yearly Premium seller respectively. If you cancel prior to your next billing date, you will still be Premium until your next billing date, at which point your account will be downgraded to Basic, you will lose all the great Premium features, and your account won’t be billed anymore. All information is applicable to both monthly and yearly Premium accounts.
As a buyer, you will be responsible for paying any costs associated with postage and handling of your purchased item. More info concerning postage found in 2.11
2.2 LISTING & SELLING
Zibbet has NO Listing Fees, and NO Sales Fees. That means that when you sell your item, you get to keep every penny! Please note, your selected payment method (PayPal, Google Checkout, et al.) may charge final valuation fees.
2.3 WHAT CAN BE SOLD ON ZIBBET?
Our main categories include Fine Art, Handmade, Supplies and Vintage.
Items in the Fine Art and Handmade categories must be handmade by the individual/s running the Zibbet shop. ‘Hand-assembled’ and ‘Hand-altered’ items are also acceptable provided that the seller alters the design of the item from a "ready made" kit.
Mass produced items are not allowed on Zibbet, even if they are ‘handmade’. Mass produced is the production of large amounts of standardized products, including and especially on assembly lines. The only time that mass produced products are allowed to be sold on Zibbet is when the sellers own design is applied to that product to significantly alter the look of the standardized product. For example: a seller's own painting being reprinted on a silk scarf would be acceptable. This is at the discretion of Zibbet admin.
Items in the Supplies category don’t have to be ‘handmade’ by you. This category is for items that may be used to make the other items you find on Zibbet. Packaging and shipping supplies may also be sold in this section.
The Vintage category is for items that are at least 20 years old. Hand-altered, upcycled or reconstructed vintage items are considered Handmade, not Vintage.
Custom orders are welcome on Zibbet. Each custom order must be listed for purchase, with a set price. You are welcome to use photographs of previous work and options of customization. If you sell separate styles and sizes that affect pricing, a new listing must be created with a set price for each variation.
2.4 WHAT CAN'T BE SOLD ON ZIBBET?
Zibbet is for Fine Art, Handmade, Supplies and Vintage items. You may not sell anything that does not fit into these categories. Fine Art and Handmade items must be handmade by the individual running the Zibbet shop. We do not allow resellers or mass-produced items on Zibbet, even if these are 'handmade'.
Each listing must be available for purchase and must not be created for items that are sold out, coming soon, or samples of your other work. Listings must not be created as advertising for your shop - this can be done in your welcome message, profile page, shop banner, avatar etc. Your listing should not be conditional upon the purchase of another item in your shop. This may include, but is not limited to, item upgrades, upgraded shipping, gift wrapping etc.
Here is a list of other prohibited items on Zibbet, even though they could possibly fit into one of our categories:
- Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item
- Any item that which in whole or in part is subject to a recall
- Any product or service that Zibbet.com determines to be inappropriate, harmful, fraudulent, or illegal
- Dangerous Chemicals
- Stolen Items
- Harmful, harassing, intimidating or defamatory materials, products or items
- Hazardous materials, products, or items (for example: poisonous, explosive, flammable, corrosive etc.)
- Illegal, counterfeit or contraband items of any sort
- Items, materials or products that are copyrighted, trademarked or patented by another party
- items not in your possession or items you don't intend to deliver
- Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort
- Ivory or animal products from endangered species collected illegally
- Mass produced electronics
- Misrepresented items or products
- Motor vehicles, or parts for motor vehicles or recreational vehicles
- Personal data or information
- Pirated materials
- Prostitution or other similar services
- Protected antiquities
- Real estate
- Replica items, including designer items
2.5 COPYRIGHT INFRINGEMENT
According to chapter 5 of the United States Copyright Law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action. In other words, only the copyright owner is allowed to report an infringement.
According to the law, the copyright owner must provide us with 6 pieces of information before we take action:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once the above information is provided, we will remove the item(s) in infringement.
2.6 MATURE CONTENT
Mature content is defined as visual representation (artistic or otherwise) of female and male genitalia, sexual activity, profane language and violence of a graphic nature. Zibbet wishes to maintain a website that is suitable for general audiences and as such, if your items contain any of the above, you're responsible for following these guidelines:
- Items must contain the word 'mature' in the title
- The first thumbnail image must be appropriate for general audiences. You are free to show the item in its entirety in the other thumbnails
Mature content and profane language is not permitted in your username, shop title, welcome message, shop banner, avatar, item descriptions, profile page or anywhere else in your shop.
2.7 PROHIBITED ITEMS & CONDUCT
Zibbet cannot always be certain to manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.
Inappropriate content includes, but is not limited to, those points itemized in section 2.4 of this document.
Please help us by letting us know about any prohibited, inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the ‘Report this item to Zibbet’ link that will be displayed nearby each item. Every case will be reviewed by Zibbet admin and the offending seller contacted. We will contact you if we need additional information from you. The offending seller will have the opportunity to provide proof to support their case. If Zibbet staff are unable to deduce a definite infringement, the offending seller is given the benefit of the doubt.
If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint, or request an agent to make a complaint on your behalf.
2.8 INFORMATION CONTROL
Zibbet does not control the Content provided by users that is made available on Zibbet. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Zibbet, you agree to accept such risks and that Zibbet (and Zibbet’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Zibbet. Please use caution, common sense, and practice safe buying and selling when using Zibbet.
Zibbet does reserve the right to use for its own marketing purposes, content collected via customer testimonials. The submission of a testimonial following a completed purchase inherently comes with the permission to use the content for promotion of Zibbet within the website and in other places.
Zibbet may contain robot exclusion headers that contain internal rules for software usage. Much of the information on Zibbet is updated on a real-time basis and is proprietary or is licensed to Zibbet by Zibbet’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Zibbet for any purpose without Zibbet’s prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in Zibbet’s sole discretion, any unreasonable or disproportionately large load on Zibbet’s infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user content from the Site without the prior expressed written permission of Zibbet and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass Zibbet’s robot exclusion headers or other measures Zibbet may use to prevent or restrict access to Zibbet
Without limiting any other remedies, Zibbet may, without notice, and without refunding any fees, delay or immediately remove Content, warn Zibbet’s community of a user’s actions, issue a warning a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
Zibbet suspects by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise a user has breached this Agreement, or other policy documents and community guidelines incorporated herein.
2.12 PASSWORD RESPONSIBILITY
You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.
You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password Zibbet recommends that you change it immediately.
2.13 INTERNATIONAL PURCHASES
All sellers should be aware that by making a purchase from an overseas seller, this transaction may incur import tariffs and charges and/or extra fees and duties dependent on the country in which the seller resides. Zibbet takes no responsibility for any such charges and as such it is incumbent upon the buyer in all circumstances to perform sufficient research into such matters prior to executing an international purchase.
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
2.15 Delivery & postage
The cost of all postage and handling is to be incurred by the purchaser in every transaction through Zibbet.
Each seller must include an accurate estimate of postage costs for each sale item. These estimates should be based on size and weight and be mindful of varying costs in different countries.
If a seller does not stipulate a postage cost within their shop on their product pages, the postage cost will be deemed to be included in the sale price of the item and the buyer shall have no further responsibility to carry the cost of postage.
If, after having provided a postage cost, the seller has a shortfall between the postage estimate and the postage he/she actually pays, the shortfall shall be deemed to be the responsibility of the seller.
We grant you a limited, revocable, nonexclusive license to access and make personal use of this site as our customer; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without our prior written consent. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zibbet.com, our affiliated companies or our partners or suppliers without our prior written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
3.2 Dispute resolution
Should you have a dispute with one or more users, or an outside party, you release Zibbet (and Zibbet’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Zibbet encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Zibbet, for the benefit of users, may try to help users resolve disputes. Zibbet does so in Zibbet’s sole discretion, and Zibbet has no obligation to resolve disputes between users or between users and outside parties. To the extent that Zibbet attempts to resolve a dispute, Zibbet will do so in good faith based solely on Zibbet’s policies. Zibbet will not make judgments regarding legal issues or claims.
3.3 Intellectual property
All intellectual property rights in this website and the Zibbet service (including the software and systems underlying the Zibbet service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:
• Use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
• Commercialize any information, products or services obtained from any part of this website.
without our written permission.
3.4 Liability limit
IN NO EVENT SHALL ZIBBET, AND (AS APPLICABLE) ZIBBET’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ZIBBET’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ZIBBET’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ZIBBET’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ZIBBET’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ZIBBET IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Zibbet or its content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Zibbet is used with permission. The arrangement and compilation of all content on this site are the exclusive property of Zibbet and are protected by international copyright laws. All software used on this site is the property of or its software suppliers and is protected by international copyright laws.
3.7 no agency
You and Zibbet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
We do not represent or guarantee that the Zibbet service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Zibbet service or these websites will be uninterrupted.
You acknowledge that the Zibbet service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
3.9 governing law
This agreement is governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Zibbet Attn: Legal Department; P.O Box 37, Narellan NSW Australia 2567 (in the case of Zibbet) or, in your case, to the email address you provide to Zibbet (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Zibbet may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Zibbet. In such case, notice shall be deemed given three days after the date of mailing.