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About Us

1. Introduction
Welcome to the family of websites and applications provided by Etsymart. These Terms of Use govern your access to and use of all Etsymart Sites among other things. By using the Etsymart Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Etsymart Sites is unauthorized. Additional terms and conditions apply to some services offered on the Etsymart Sites (e.g., Etsymart, +, and Gift Cards) or through other channels. Those terms and conditions can be found where the relevant service is offered on the Etsymart Sites or otherwise and are incorporated into these Terms of Use by reference.

DEFINED TERMS:
In these Terms of Use:
When we say “Etsymart,” we mean etsymart.com USA, LLC and Etsymart Inc., and any subsidiaries of Etsymart, Inc. (including any subsidiaries that Etsymart Inc. may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Etsymart as “we,” “us” and “our.” But when we say “Etsymart Entities,” we mean Etsymart; its suppliers, vendors, contractors, and licensors.
When we say “Etsymart Sites,” we mean www.etsymart.com, the Etsymart Apps, and all related functionality, services, and Content offered by or for Etsymart on or through www.etsymart.com and the Etsymart Apps or the systems, servers, and networks used to make the Etsymart Sites available.
When we say “Etsymart Apps,” we mean the official “Etsymart App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
When we say “you” or “your” we mean any user (like you!) of any Etsymart Site and any person who has notice of these Terms of Use.
When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Etsymart on the Etsymart Sites (and any updates by Etsymart to these Terms of Use and those terms and policies).
A few other key terms used in these Terms of Use:
When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Etsymart Sites.
When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Etsymart Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Etsymart Sites through the tools offered by such social media platforms).
When we say “Materials,” we mean Content that Etsymart Entities make available on or through the Etsymart Sites, including In Store Now information.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Etsymart’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Etsymart Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check etsymart.com for any updated Terms of Use. In addition, by continuing to use or access any of the Etsymart Sites or otherwise engaging with Etsymart after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

2. Your Use of the Etsymart Sites
You certify that the Content you provide on or through the Etsymart Sites is accurate and that the information you provide on or through the Etsymart Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Etsymart is not responsible for any losses arising out of the unauthorized use of your account. You agree that Etsymart does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Etsymart Sites. You agree that Etsymart is not a party to any such agreement, nor is Etsymart responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Etsymart Sites or any portion of the Etsymart Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Etsymart Sites or any portion of the Etsymart Sites.

In connection with the Etsymart Sites, you will not:
Make available any Content through or in connection with the Etsymart Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
Make available through or in connection with the Etsymart Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Etsymart Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Etsymart Sites.
Interfere with or disrupt the operation of the Etsymart Sites or the systems, servers, or networks used to make the Etsymart Sites available, including by hacking or defacing any portion of the Etsymart Sites; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Etsymart Sites.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Etsymart Sites except as expressly authorized in these Terms of Use, without Etsymart’s express prior written consent.
Reverse engineer, decompile, or disassemble any portion of the Etsymart Sites, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notice from the Etsymart Sites.
Frame or mirror any portion of the Etsymart Sites, or otherwise incorporate any portion of the Etsymart Sites into any product or service, unless you obtain Etsymart’s express prior written consent to do so.
Systematically download and store any Materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Etsymart Sites, without Etsymart’s express prior written consent.
Cause injury to any person or entity.
Violate any law, rule, or regulation, or these Terms of Use.
You will not use the Etsymart Sites or Etsymart’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Etsymart trademark, logo, URL, or product name without Etsymart’s written consent;
You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas
A. Submitting Content and Ideas
Etsymart provides functionality that enables users to make available Content and Ideas in connection with the Etsymart Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Etsymart Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. Etsymart’s Rights to Use Content and Ideas
You grant to Etsymart a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Etsymart is free to use any Ideas for any purpose. Etsymart may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Etsymart is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Etsymart the right to use any name associated with any Content or Idea that you make available to Etsymart, although Etsymart has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content
You agree that you will not make available Content in connection with the Etsymart Sites that:
is false, fraudulent, inaccurate, or misleading;
contains your full name(s), or any other confidential personally identifiable information of yourself or others;
violates any local, state, federal, or international laws or is otherwise tortious;
is protected by or would infringe on the rights of others (including Etsymart), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, indecent, pornographic, or otherwise objectionable;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Etsymart in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Etsymart;
contains or relates to chain letters or pyramid schemes;
impersonates another business, person, or entity, including Etsymart, its related entities, employees, and agents;
violates any policy posted on the Etsymart Sites; or
is intended to cause harm, damage, disable, or otherwise interfere with the Etsymart Sites or our partners.

4. Monitoring by Etsymart
Etsymart will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Etsymart Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by Etsymart from time to time. Etsymart will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Etsymart Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Etsymart for all claims resulting from any Content you make available.

5. Materials Available on the Etsymart Sites
Etsymart and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Etsymart Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Etsymart Sites, we would appreciate it if you let us know by contacting us at http://www.etsymart.com/help (Your feedback is a big part of what helps Etsymart to get better at helping you!)

NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.

THE Etsymart ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.

We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.

We sell Products for children’s use; however, these Products are intended for sale to adults.

Etsymart has no liability to you for content on the Etsymart Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

Etsymart is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, including any Etsymart Entity, Marketplace Retailer (as defined below in Section 16.A), our advertisers, or other third parties to whose sites we link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on Etsymart Sites, including the product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Etsymart’s return policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.

7. Third Party Sites
References on Etsymart Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Etsymart is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Etsymart Sites operate or otherwise interact, nor is Etsymart responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).