Terms of Use

Last updated: November 1, 2010

Welcome to Three Sisters' Marketplace. Please carefully read the terms and conditions set forth below, including those certain policies hyperlinked herein, the terms of which are hereby incorporated herein by reference, (collectively, "Terms of Use") which govern your access to and use of the Three Sisters' Marketplace's website, products and services (collectively, the "Site"). The Terms of Use constitutes a legal agreement between you and Three Sisters' Marketplace. By accessing or using the Site you are agreeing to the Terms of Use.

1. Definitions.
   1. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you as a user of the Site. The terms "we", "us", "our" and "Three Sisters' Marketplace" refer to Three Sisters' Marketplace, Inc.
   2. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site. "User Content" means Content that users submit or transmit to or through the Site. "Three Sisters' Marketplace Content" means Content that is made available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Three Sisters' Marketplace or its users, such as data providers who license data to Three Sisters' Marketplace for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Three Sisters' Marketplace Content.
   3. "Seller" or "Artisan" is an individual or entity who lists or posts products, goods, services, classes, workshops or events on the Site.
   4. "Buyer" or "Shopper" is an individual or entity who views, browses or uses the site or purchases products or registers for classes, workshops or events on the Site.

2. Compliance. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes, with the exception of PA Sales Tax, which will be collected (from PA buyers) and remitted by Three Sisters' Marketplace. In addition, you must abide by the Three Sisters' Marketplace policies as stated in this Terms of Use and the Three Sisters' Marketplace policy documents listed below (if applicable to your activities on the Site). You must also abide by all other operating rules, policies and procedures that may be published from time to time on the Site, by Three Sisters' Marketplace, each of which is incorporated herein by reference and are as follows:

   • Three Sisters' Marketplace Basics
   • Commission Policy
   • Class, Workshop and Event Policy
   • Privacy Policy
   • Return & Refund Policy
   • Basic Shipping Policy
3. Changes to the Terms of Use. We may modify the Terms of Use (which include all operating rules, policies, and procedures) without prior notice to you. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date the revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Use. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification.
4. User Accounts. You need to create an account and provide information about yourself in order to use some of the features on the Site. You can create an account as an Artisan/Seller (jury acceptance is required for this type of account) or as a Shopper/Buyer. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. You may not use the Site or create an account if you are under the age of 18, without the direct supervision and consent of a parent or guardian. We reserve the right to close your account at any time for any or no reason.
5. Use of Site. We grant you permission to use the Site subject to the restrictions in these Terms of Use. In accessing or using the Site, you may be exposed to Content that is inaccurate or objectionable. Three Sisters' Marketplace does not guarantee the accuracy or completeness of any of the Content, nor does it endorse such Content. You therefore access and use the Site at your own risk.

6. Restriction on Use of Site: You agree that you will not, and will not assist or enable other to:

   1. use the Site in violation of the Terms of Use or any applicable laws;
   2. use the site to violate any third-party right, including, but not limited to, any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
   3. use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
   4. fail to deliver payment for items purchased by you;
   5. fail to deliver items purchased from you;
   6. manipulate the price of any item or interfere with other user's listings;
   7. circumvent or manipulate our commission structure or payment of monies owed to Three Sisters' Marketplace;
   8. use the Site to post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
   9. transfer your account and/or user identification to another party without the prior written consent of Three Sisters' Marketplace;
   10. use the Site to submit or transmit spam, chain letters, contents, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
   11. use the Site to threaten, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
   12. use the Site to promote bigotry or discrimination against a protected class;
   13. use the Site to submit or transmit pornography or illegal content;
   14. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
   15. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Three Sisters' Marketplace;
   16. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively "Viruses"); use any device, software or routine that interferes with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use of copying of Site Content, or features that enforce limitations on the use of the Site.
   17. Record, process or mine information about other users;
   18. copy, modify, remove or distribute any copyright, trademark, servicemark or other proprietary rights on the Site or on any materials printed or copied off of the Site;
   19. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Three Sisters' Marketplace's technology infrastructure;
   20. reverse engineer any portion of the Site; or
   21. reformat or frame any portion of the Site.
   The restrictions set forth above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them. Three Sisters' Marketplace and users work together to keep the Site working properly and to keep our online marketplace safe. Please report problems, offensive content, and policy violations to us.
7. Binding Sale: All sales are binding. Please refer to our Return and Refund Policy for additional information. Sellers agree to process and ship orders or otherwise complete each transaction with a Buyer in a prompt and timely manner.
8. Classes, Workshops and Events: Three Sisters' Marketplace permits Artisans to post registrations for various classes, workshops and/or events on the Site. Shoppers and Buyers can register and pay for these events on the Site. Three Sisters' Marketplace does not monitor or screen any class, workshop or event and, therefore, is not liable for the content of any class, workshop or event posted on the Site. Your attendance at any class, workshop or event is at your own risk. However, if you have any issue with a class, workshop and/or event that you registered for on the Site, you can submit a complaint to Three Sisters' Marketplace and we will make every effort to assist you in coming to a resolution with the Artisan who hosted the class, workshop and/or event.

   Three Sisters' Marketplace does not allow any Users to require payment outside of the Site. All financial transactions will remain within the Site. The registration fees for each class, workshop and/or event will be paid to the Artisan by Three Sisters' Marketplace in accordance with our Commission Policy and Return & Refund Policy.

   Artisans should post Class, Workshop and/or Event Policies in their Shop and in each event description, including cancellations and refunds that fall within the guidelines of Three Sisters' Marketplace Class, Workshop and/or Event Policies.

9. Permission to Use Your Content. Three Sisters' Marketplace does not own the content (including, but not limited to images, item descriptions, and artist descriptions) you provide to the Site. However, when you place Content on the Site you are irrevocably granting us a non-exclusive, worldwide, perpetual, royalty free, sub-licensable license to use such content for any purpose. Such license includes the right to use any and all copyrights, trademarks, publicity and database rights contained within Your Content. Three Sisters' Marketplace may use Your Content in a number of different ways, including, but not limited to displaying it on the Site, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it and allowing others to do the same in connection with their own websites and media platforms ("Other Media").
10. Responsibility for Your Content. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein.

    By posting content on the Site, it is possible for an outside website or a third party to re-post Your Content outside of the Site. You agree to hold Three Sisters' Marketplace harmless for any dispute concerning such use of Your Content.

11. Site Availability. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
12. Privacy. For information about how we handle your personal information please read our Privacy Policy. Three Sisters' Marketplace stores and processes content on computers located in the United States that are protected by physical as well as technological security.
13. Termination. We reserve the right, in our sole discretion, for any or no reason, and without notice or liability of any kind, to (i) refuse service, (ii) limit, suspend or terminate your account, in whole or in part, (iii) limit suspend or terminate your use of the Site, in whole or in part, (iv) remove or edit a user's content, or (v) cancel user's orders.

    In the event of any termination, Sections 9, 15, 16, 18a., and 19 of the Terms of Use will continue in full force and effect, including our right to use Your Content as detailed in Section 9.

14. Ownership. All Three Sisters' Marketplace Content, including, but not limited to visual interfaces, interactive features, text, graphics, design, compilation, computer codes, logos, button icons, images, audio clips, digital downloads, software and all other elements and components of the Site excluding User Content and Third Party Content is the exclusive property of Three Sisters' Marketplace. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Three Sisters' Marketplace Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Three Sisters' Marketplace Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Three Sisters' Marketplace Content are retained by us.
15. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY.

    THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. THREE SISTERS' MARKETPLACE MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, CURRENTNESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY SELLERS LISTED ON THE SITE. THREE SISTERS' MARKETPLACE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM THREE SISTERS' MARKETPLACE OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

    THREE SISTERS' MARKETPLACE DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF THREE SISTERS' MARKETPLACE OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

    THREE SISTERS' MARKETPLACE FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

    THREE SISTERS' MARKETPLACE ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH THREE SISTERS' MARKETPLACE RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

    YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

    THREE SISTERS' MARKETPLACE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED $100.00.

16. RELEASE AND INDEMNIFICATION.

    IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OF THE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE WITH A SELLER), YOU HEREBY AGREE TO RELEASE, REMISE, AND FOREVER DISCHARGE THE SITE, TMS, AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENT OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

    YOU AGREE TO INDEMNIFY AND HOLD THREE SISTERS' MARKETPLACE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM ("INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING LEGAL FEES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND MADE IN CONNECTION WITH OR ARISING OUT OF (I) YOUR ACCESS TO OR USE OF THE SITE, (II) YOUR VIOLATION OF THE TERMS OF USE, OR (III) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. THREE SISTERS' MARKETPLACE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THREE SISTERS' MARKETPLACE. THREE SISTERS' MARKETPLACE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

17. Third Parties. The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

18. Miscellaneous.

    1. If there is any dispute about or involving the Site or Three Sisters' Marketplace, you agree that any such dispute will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Philadelphia County, Pennsylvania.
    2. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is created as a result of this Terms of Use and you do not have any authority of any kind to bind Three Sisters' Marketplace in any respect whatsoever.
    3. Except as explicitly stated otherwise, we may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or by posting such notice to the Site. If by email, notice shall be deemed given 24 hours after email is sent to the email address you registered with the Site, unless the sending party is notified that the email address is invalid. If it is by regular mail, notice shall be deemed to be given upon mailing it to the address provided to Three Sisters' Marketplace during the registration process. If notice is given by posting to the Site, notice shall be deemed given immediately upon posting such notice to the Site.
    4. The Terms of Use contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance on any representation made but not expressly contained in these Terms of Use.
    5. Any failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of us to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    6. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
    7. Section headings of the Terms of Use are for convenience only and have no legal or contractual effect.

    Additional Terms and Conditions Applicable to Sellers/Artisans

    In addition to being bound by the terms set forth above, Sellers who use the Site to post products, goods or services are also bound by the following terms, which are in addition to any other terms agreed to in connection with access and use of the Site.

19. Artisan-Seller Commission Fees: Joining Three Sisters' Marketplace is free. We do not charge listing fees or a membership fee. We do, however, charge a 15% commission upon the sale of an item or class registration through the Site. The 15% commission is based on the sale price of each item or cost to attend a class, whichever is applicable. We may choose to temporarily change our commission structure for promotional events or new services, and such changes are effective immediately when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all commission fees shall be in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of our Site in a timely manner. For typical transactions, commission fees will be automatically deducted by Three Sisters' Marketplace prior to depositing funds in your PayPal account. We reserve the right, in certain circumstances, including but not limited to fraudulent activities, to recover or apply additional fees from or to your Seller account. For additional information regarding commission fees, please read our Commission Policy.
20. Listings and Listing Descriptions: All goods listed on the Site must be hand made by you. By listing an item on the Site you represent and warrant that you and all aspects of the item comply with this Terms of Use. You also represent and warrant that you have the authority to legally sell such item. You must accurately describe your item and include all terms of sale in your Three Sisters' Marketplace Shop. Your listings may only include text descriptions, graphics, pictures and other Content relevant to the sale of such item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item(s) for sale in that listing.
21. Shipping Policies: Sellers are urged to outline shop policies ("Shipping Policy" or "Shipping Policies") for their Three Sisters' Marketplace Shop. Shipping Policies shall be consistent with the Terms of Use, which includes the various policies listed above. Any Shipping Policy created by Seller must be done so in good faith and Seller agrees to honor any Shipping Policy Seller implements. Three Sisters' Marketplace reserves the right to modify a Seller's shipping policy at any time and for any or no reason.
22. Commission Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. See Shipping Policy for additional information.