Last Updated: July 31st, 2017
This Seller’s Agreement (“Agreement”) is entered into by you and From My Child To Yours (referred to herein as “From My Child To Yours”, “FMCTY,” “our,” “we” or “us”). For purposes of this Agreement, the words “you,” “seller” and “user” are used herein to refer to you and include you and any other person or entity on whose behalf you may be acting. Moreover, for purposes of this Agreement, the terms “product” or “products” respectively mean “good” or “goods.”
From My Child To Yours is an online venue located at the domain www.frommychildtoyours.com (“Site”) with our main shop page located at https://frommychildtoyours.com/shop (“Shop”). You must establish an account with FMCTY if you wish to do any of the following on the Site: communicate with other users or purchase or offer for sale any product. FMCTY was created to help local business sell products online; therefore, you may not establish an account with us or use our Site if you are not a local business. In addition, you may not establish an account with us or use our Site for the purpose of selling products sourced from a multi-level marketing company, a network marketing company, an affiliate marketer, or any company that uses direct selling, referral marketing, or pyramid selling.
Your account may be temporarily suspended or permanently closed if you (a) fail to abide by this Agreement or any of the terms and conditions in the documents referenced in this Agreement, copies of which are available on the Site; or (b) fail to maintain your account with FMCTY current and in good standing.
You may establish an account with us and use our Site if you are an individual who is 18 years of age or older, who can form legally binding contracts under applicable law, and who is physically located within the United States of America. By establishing an account with us, you represent and warrant that you are at least 18 years old, have the capacity to form and enter into a legally binding contract, and are physically located within the United States of America. We may, in our sole discretion, refuse access to or use of the Site to any person or entity at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
If you are establishing an account for an entity, then you represent and warrant that (a) you are duly authorized by such entity as required by its governing documents to enter into this Agreement and bind such entity; and (b) the business revenue of the entity for which you are establishing an account is taxed in the state in which it operates.
Establishing an Account
Username & Password: During registration, you will be asked to either create a username and password or login via Facebook authentication. Your username must be an email address. Your password should be unique. You cannot use the name “FROM MY CHILD TO YOURS” or the acronym “FMCTY” in your username or password. You are solely responsible for maintaining the confidentiality of such password, which you should keep secure. You are fully responsible for all activity, liability and damage resulting from your failure to use or maintain your password confidentially. You agree to immediately notify us of any unauthorized use of your username and/or password or any other breach of security. You agree not to provide your username and password combination to any other person.
In all events, FMCTY is not, and will not be, liable for any loss or damage arising from your failure to keep and maintain your password secure and confidential or from your disclosure or sharing of such information with others. If you forget your password, then FMCTY will send you a unique link, which will be sent to your email address and which will allow you to change your password. The unique link will expire after three (3) calendar days. You understand and acknowledge that your email address will be used as your username. FMCTY is not responsible or liable for any damage or loss resulting from the hacking or misuse of such email address or related account.
Facebook Authentication: By logging in via Facebook authentication, certain personal details from your Facebook profile will be used to fill in the details of your FMCTY account information, including information such as but not limited to name, email address, and birthday.URL Address. All sellers will be required to create a URL address for their online storefront within the Site. URL addresses are issued on a first come, first served basis and cannot conflict with a URL address issued to a user with an established account. Therefore, your URL address within the Site may or may not match or contain all or any part of, the name of your business.
Transactions: FMCTY is a venue used to facilitate interactions between sellers and buyers. FMCTY is not directly involved in the transactions between buyers and sellers nor does it have any involvement in the consummation of a contract between a buyer and a seller. Therefore, you must have a valid and current account with a third-party payor such as PayPal in order to complete a transaction with a user who has an established account with us. FMCTY does not transfer legal ownership of any product or item from a seller to a buyer.
Fees & Billing
FMCTY does not charge users for accessing or browsing the Site. However, when you establish an account with FMCTY as a seller, you will be charged a transaction fee, which is a percentage of the sales price of the product you sell. As part of your registration with FMCTY, you must provide and maintain valid payment information such as a valid PayPal account. When you list a product for sale, you have an opportunity to review and accept the fees that you will be charged. FMCTY may offer, at its sole discretion, new or add-on services to its members at additional fees and subject to additional terms and conditions promulgated by FMCTY from time to time. Your use of such new or add-on services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference. Any charges for new services or add-ons could be in addition to a monthly fee and/or any transaction charges. FMCTY may amend or change its fees and billing policy at any time. FMCTY will provide you with notice of changes to its fees and billing policy by posting the change on the Site and such changes will become effective at the start of your next billing cycle. In addition, FMCTY may temporarily change its fee policy for promotional events but such temporary change will only be valid on the dates of such promotional events. All fees and charges must be paid in U.S. Dollars.
Any transaction fees and any other applicable fees accrue monthly. FMCTY will calculate all fees at the end of your monthly billing cycle and an automated invoice will be sent to your email address on file with FMCTY detailing the amount due for that month. An automatic deduction will be made to your PayPal account or authorized credit card. You will receive an email from FMCTY letting you know the amount that was charged. You can also view the information by accessing your account on the Site. All fees are nonrefundable.
If at the time billing is processed there are insufficient funds in your PayPal account or your account(s) is closed, then we may choose to either reprocess billing for your account or suspend your use of your account with FMCTY until we receive full payment for monies due all services offered in connection with that account including but not limited to the use of the online storefront. You are responsible for paying all fees due to FMCTY and for paying all third party fees and applicable taxes associated with all transactions facilitated through the Site.
You may not transfer, sell or assign your FMCTY account to another party. If you are establishing an account as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Use of Site
You shall not use the Site for any illegal or unauthorized purpose what so ever, and you shall not violate any laws federal, state or local laws.
Online Storefront: After you establish an account with us, you will have the ability to create an online storefront on the Site. You are responsible for customization of your online storefront including, without limitation, inputting or uploading text, pictures, logos, images, video, audio, graphics, pricing, terms and conditions of your offers for sale, all other information related to you, your online storefront, business, and products (collectively, “Your Content”). You agree and understand, FMCTY is not responsible for any content you have on your online storefront, and you further agree and understand that you shall only use content you fully own or content you have obtain authorization or license to use. In no event shall any of Your Content be a part of the FMCTY Content. FMCTY does not claim any intellectual property rights in, over or to Your Content, and all such material shall remain your property.
Offers for Sale: We are not involved in any transaction between buyers and sellers and we have no involvement in the consummation of a contract between any buyer and you. Consequently, we do not and cannot transfer legal ownership of any items from you to any buyer, and we do not have control over the quality, safety, morality or legality of any aspect of the products you offer for sale on the Site or anywhere else, the truth or accuracy of your listings, your ability to sell products, or the ability of buyers to pay for such products.
Therefore, you agree and fully understand that FMCTY is not liable or responsible in any form, for any matter arising out of a transaction between you and a buyer. You should be comfortable in all respects with any buyer before you sell products to such buyer. By offering for sale a product on the Site you warrant that (a) you and all aspects of the product comply with this Agreement and our published policies; (b) you have full rights to sell the product; (c) you are authorized to sell the product; (d) you have authority to sell the product listed on your online storefront; and (e) the product is available for sale.
You must accurately describe your product, the pricing, and all terms and conditions of your offer for sale on your online storefront. In addition, your offer for sale should include text descriptions, pictures, images, video, audio, graphics, and any other information relevant to the sale of the product. All items must be listed in an appropriate category with appropriate keywords. Each offer must accurately, truthfully, and completely describe the product offered for sale. You may use a short descriptive phrase as a keyword if it accurately and truthfully describes your product. For example, if your item is one-of-a-kind or unique, then you may describe your offer as “original,” “OOAK,” “one of a kind,” or other similar synonyms; however, if your item is not one-of-a-kind or unique, then you must not use these types of keyword describers.
Except as otherwise prohibited in this Agreement and by law, mature content may be included within an offer but must be tagged as “mature,” must include the word “mature” in the title, but shall not be displayed or shown in aggregated places on the Site or as a first impression image on your online storefront. The first thumbnail image in your online storefront, listing and offer must be kept appropriate for general audiences.
FMCTY encourages you to establish written policies about shipping, returns, and payment, and such policies should contain terms that are reasonable, may not be contrary to our policies. You are solely responsible for enforcing your own policies.
Pricing: The price stated in each offer for sale must be an accurate representation of the sale. In not event shall you cause events to occur to avoid paying our transaction fee. You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing; however, you shall not charge excessive shipping fees or other fees to try to avoid our fees. You shall not alter the price of any product offered for sale after buyer has agreed to purchase it for the purpose of avoiding our transaction fee.
Fulfillment: Order fulfillment is your sole and full responsibility. All products offered for sale on your online storefront and purchased from you must be fulfilled by you in a timely manner following completion of an order, unless otherwise agreed by you and the buyer. Failure to fulfill orders in a timely manner may cause your account to be suspended.
FMCTY does not process any transactions between you and any buyer and you are required to use a third-party payor such as PayPal to process payments for all transactions resulting from an offer to sale a product on your online storefront. An offer to sale may be accepted by buyer after they opt to checkout; however, the transaction between the buyer and seller is not completed or consummated by the buyer opting to checkout. At checkout, the buyer will be prompted away from FMCTY’s Site and to PayPal’s Site for payment. After the buyer has followed PayPal’s instructions, the buyer will be redirected back to the FMCTY’s Site to checkout in order to confirm the purchase.
You will be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for all sales resulting from an offer to sale a product on your online storefront.
User Ratings: Users who have established an account with FMCTY may review, rate, and comment on a seller, the seller’s business, or the seller’s product. You understand that such reviews, ratings and comments are not made by FMCTY. You agree that FMCTY shall not be responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with any such review, rating and/or comment.
Restrictions: You are solely responsible for your conduct and activities on the Site and Your Content, pricing, terms and conditions of your offers for sale, all other information, and links that you type, input, post, or upload to your online storefront. You must perform the necessary due diligence to make sure your products are in strict conformity with all applicable laws before you offer them for sale in your online storefront. FMCTY, in its sole and absolute right and discretion, reserves the right, without any notice to you, to remove items from your online storefront (as well as any offer for sale).
IF YOU’RE UNSURE THAT AN ITEM IS SUITABLE FOR POSTING, please contact us!
Right to Refuse Service
We reserve the right to, in our sole discretion, temporarily suspended or deactivate your account and your online storefront, or to permanently close your account and your online storefront. We also reserve the right to refuse service to anyone, for any reason, and at any time.
Except for Your Content, FMCTY owns or has rights to (a) all intellectual property on the Site including without limitation, all trade names, taglines, trademarks, service marks, copyrights, and patents; (b) all code and functionality of the Site; and (c) all text, designs, graphics, pictures, images, and information on the Site (collectively, the “FMCTY Content”).
You may use the Site solely in connection with the intended purpose and use of the Site. No right, title, interest, or license in any FMCTY Content is transferred to you. FMCTY retains all of its intellectual property rights in all FMCTY Content.
You agree not to (a) access or attempt to access the FMCTY Content; (b) alter, copy, decompile, reverse engineer, distribute, transmit, or otherwise appropriate or modify any FMCTY Content; and (c) negatively alter or damage the FMCTY Content.
FMCTY may make available to you certain hyperlinks or technology, which may contain FMCTY Content, for purposes of social sharing. You agree to use such hyperlinks or technology only for the purpose it is provided and for no other purpose. You agree not to alter, modify, manipulate, or interfere with the hyperlink or technology or their functionality.
We do not claim any ownership rights in or to Your Content; however, by inputting or uploading Your Content onto the Site, you give FMCTY a non-exclusive, perpetual, worldwide, irrevocable, sub-licensable, royalty-free license to use Your Content in connection with your online storefront and the Site. In addition, you give FMCTY the right to publish, display, copyright, distribute, catalog, organize in a database or directory in any form or media, and to any other rights you have in Your Content that may be necessary for purposes of your online storefront or the Site. Moreover, you give FMCTY the right to store, re-format, and display Your Content on the Site in any manner deemed appropriate by FMCTY.
Re-Posting of Your Content
By posting Your Content on the Site, it is possible for a third party to re-post Your Content on another website. You agree to hold harmless FMCTY for any dispute concerning the use of Your Content. If you post on another website the image of any product offered for sale on the Site, then such image posted on another website must provide a link back to the listing on the Site.
Scope of Control
You are solely responsible for your conduct and activities on the Site. You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, or render the Site partially or wholly inaccessible to others.
FMCTY does not endorse any company, content, products, goods or other items listed for sale on the Site or any other websites or other resources associated with any user of the Site. You agree that FMCTY shall not be, and is not responsible or liable for any damage or loss, directly or indirectly, caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, goods, reviews, ratings, comments, or any other information available on the Site or on any websites or resource posted, linked to, or referenced on, the Site.
Limitation on Liability
FMCTY IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, AND/OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, ARISING OUT OF OR RELATING TO: (A) YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF, OR ACCESS TO, THE SITE, PRODUCTS OFFERED FOR SALE ON THE SITE; (B) ANY TRANSACTION FACILITATED BY OR THROUGH THE SITE; (C) ANY CONTENT ON THE SITE OR ANY ERRORS OR INACCURACIES IN SUCH CONTENT, OR ANY OMISSION IN CONTENT; (D) CHANGES, MODIFICATIONS, OR ALTERATIONS TO YOUR CONTENT, IMAGES OR INFORMATION, WHETHER OR NOT AUTHORIZED BY YOU; AND/OR (E) THE FMCTY CONTENT, ANY OTHER CONTENT, AND/OR ANY OTHER MATTER RELATING TO THE SITE, WHETHER OR NOT FMCTY HAS BEEN ADVISED OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OF WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FMCTY’S WARRANTIES ARE EXCLUDED AND ITS LIABILITY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW WHICH SHALL NOT, IN ANY EVENT, EXCEED $100.00.
YOU RELEASE FMCTY FOR AND FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING FROM, RELATED TO, OR IN CONNECTION WITH, (A) YOUR USE OF THE SITE, (B) THE USE OF THE SITE BY OTHERS, (C) YOUR ACTIONS, INACTIONS, AND/OR OMISSIONS AND THOSE OF USERS OF THE SITE, (D) THE PROMOTION OR ADVERTISING OF PRODUCTS ON THE SITE, AND (E) THE USE OF THE SITE TO OFFER FOR SALE OR TO FACILITATE THE SALE OF PRODUCTS.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect FMCTY’s intent and to become enforceable. All remaining provisions of this Agreement will remain in full force and effect.
You and FMCTY are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Choice of Law
This Agreement shall be interpreted and construed in accordance with the laws of the State of Florida excluding its conflicts of laws rules, and the United States of America.