Terms Of Use

 

Thank you for being a part of the supermelon community!

 

1. Agreeing to Our Terms of Use
2. Additional Documents You’ll Want to Read
3. Privacy Policy and Settings
4. Information About Your supermelon Account
5. Rights, Responsibilities, and Permissions for Your Content on supermelon
6. Using These Services
7. Termination of Your Account
8. Warranties, Limitations of Liability, and Other Legal Information
9. Indemnification: Your Responsibilities If We Get Sued
10. What Happens If There’s a Dispute with Another User?
11. What Happens If There’s a Dispute with Us?
12. Changes to Our Terms of Use
13. Other Important Details (Don’t Skip This)

1. Agreeing to Our Terms of Use

By agreeing to these Terms, you are entering a legally binding contract between you and supermelon Inc. It’s important that you understand the information contained in this contract, because you’ll be required to adhere to it, whether or not you read this document thoroughly.

Please note that Section 11 – Dispute with supermelon contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use supermelon .com, Pattern by supermelon, our mobile Version, and the other services provided by supermelon, referred to as our services. Using any of our Services constitutes an agreement to these Terms. This agreement is implied even if you are just browsing one of our websites. If you don’t agree with the Terms, you may not use our Services.

2. Additional Documents You’ll Want to Read

Here at supermelon, our Services are designed to help people make, sell, and buy products. We connect vendors and customers all over the globe. The interactions between vendors and customers happen both online and in person. Third parties may also be involved with interactions and transactions on our Services.

For anyone who will be a part of the _supermelon marketplace and community, in any capacity, please take some time to familiarize yourself with the following documents.

If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Our House Rules for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.

Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.

Our House Rules for Third Parties. These policies apply to:

         Intellectual property owners

         Anyone one requesting information from supermelon

         supermelon API users

A note for our affiliate partners: It’s important that you pay special attention to the policies in these Terms that are relevant to your affiliate relationship with supermelon. But you’ll want to make sure that you’re familiar with the entire document, including the sections that don’t deal directly with affiliates, because these policies apply to everyone who interacts with our Services.

 

3. Privacy Policy and Settings

We know that privacy, and transparency about privacy settings, is important to our users--so it’s important to us as well.

By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy. If you haven’t already done so, please be sure that you carefully read through our Privacy Policy. You’ll find that document here.

Both supermelon and sellers process members’ personal information and are therefore considered separate and independent data controllers of buyers. (Examples of personal information include the names, email addresses, and shipping addresses of buyers.) Because of this, each party is responsible for the personal information it processes in providing the Services. Take this scenario as an example: If a seller were to inadvertently disclose a customer’s name and shipping address in the process of fulfilling an order for a different customer, it would be the seller (not supermelon) who is responsible for the unauthorized disclosure. This is an important distinction to make, as it affects the legal responsibilities of the party that made the disclosure.

If, however, supermelon  and sellers are found to be joint data controllers of buyers’ personal information, and if supermelon  is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify supermelon  for the expenses it occurs in connection with your processing of buyer personal information. For more information about what happens in a situation like this one, please refer to Section 9 (“Indemnification: Your Responsibilities If We Get Sued”).

4. Information About Your supermelon Account

In order to use our Services, you’ll need to create an account with supermelon. This is a prerequisite to taking part in any Supermelon transaction or interaction. However, not everyone can make an account on supermelon, and there are specific regulations and restrictions that govern supermelon account holders.

Before you make an account, please familiarize yourself with the following rules:

A. To use our Services, you must be at least 18 years of age. Minors between the ages of 13 and 17 are permitted to use the Services only if they do so through the account of a parent or legal guardian. Minors must always have the appropriate permission and direct supervision of their parent or legal guardian while using supermelon. If a minor uses your account, you are responsible for all activity that the minor conducts. Children younger than 13 may not use supermelon, including any of our sites or apps.

B. Please ensure that all the information you provide to supermelon about yourself is accurate. You may not represent yourself as another person or entity through your supermelon account.

C. Select your name carefully. While you may choose not to associate your full legal name with your account, the name that you use must not be offensive, vulgar, an infringement on intellectual property rights, or otherwise in violation of these Terms.

D. All activity on your account is your responsibility. For accounts shared by multiple people, the person whose billing information is on file with _supermelon is ultimately responsible for the account activity. By registering as a business entity (if you choose to do so), you are personally guaranteeing that you are in a position to enter into this contract on behalf of the entity. supermelon accounts are strictly non-transferable.

E. Because you are solely responsible for activity on your account, do not share your password. Keep it secure at all times.

F. And just so we’re on the same page: These Terms do not create any partnership, employment, agency, joint venture, or franchisee relationship between you and supermelon.

5. Rights, Responsibilities, and Permissions for Your Content on supermelon

Your content is your own--let’s make it simple and call it “Your Content.” Your Content is anything that you post through the Services, including listing photos, profile photos, listing descriptions, videos, comments, usernames, shop names, and other text and media associated with your account.

supermelon _supermelon makes no claim to Your Content. However, there are limitations as to what you may post as Your Content, and there are specific ways in which we may use Your Content once it is posted. Here’s what you should know about the rights, licenses, and permissions surrounding the content on your _supermelon account:

A. Rights to 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.

B. License Granted to supermelon. By posting Your Content through our Services, you grant supermelon a license to use it. Although supermelon _supermelon makes no claim on any of Your Content, we do require you to grant us permission (or license) to use that content. We may use Your Content to maintain or promote supermelon _, as well as to promote your listings. We’ll explain what this license covers in more detail momentarily.

C. Rights Granted to supermelon. By posting Your Content, you grant supermelon 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. This allows us to provide the Services and to promote supermelon, your supermelon shop, or the Services in general, in any formats and through any channels, including across any supermelon Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

We want to be transparent about the ways in which we may use Your Content, so allow us to provide a few potential scenarios. Let’s say you upload a listing photo to your shop on supermelon. By doing so, you grant us permission to display that photo to buyers, and to crop or resize the photo so that it looks its best across all our platforms (desktop and mobile). Similarly, if you publish a listing description in English, you’re granting us the right to translate it into Spanish to make your listing accessible to Spanish-speaking buyers. These permissions granted to us are what allow us to keep supermelon ’s marketplace running smoothly.

D. How We Deal with Unauthorized Content. If you see content that belongs to you, or content for which you own the rights, posted on our sites or mobile apps without your permission, please get in touch with us immediately. If you are accused of infringing someone’s intellectual property with Your Content, we may take a number of steps depending on what we deem appropriate. This may include disabling the offending content or, if you have repeatedly violated these rules, terminating your account. You will be notified if any of these steps are taken.

E. Restrictions on What You Can Post. We don’t allow certain types of content to be posted on supermelon. This is both for legal reasons and so that we can provide a welcoming community to all users. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part 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. Using These Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to all Terms outlined in this document and to the following specific regulations:

         A. Obey All the Laws. You are agreeing that you will not violate any laws that apply to you, including local, state, federal, and international, in relation to your _supermelon account or use of our Services. You are responsible for obtaining any licenses or permits required by your shop, and you are responsible for ensuring that you are in compliance with our Sanctions Policy (read up on that here). You may not commit fraud, including false claims or copyright infringement notices, nor may you engage in anti-competitive conduct, threatening conduct, theft, or any other criminal or unlawful act. This applies to your interactions with supermelon and other _supermelon users, as well as third parties.

         B. Make Sure Your Dues are Paid. It is your responsibility to pay all fees owed to supermelon. It is also your sole responsibility to pay and/or collect all relevant taxes on the sales or purchases made through the Services (with the exceptions detailed below).

         C. Stealing Is Wrong (Make Your Mother Proud). 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.

         D. Do No Harm to supermelon Systems. As a user of our Services, you agree to make no attempt to interfere with or cause a disruption to our systems and Services. This includes attempts to distribute harmful computer code, such as a virus.

         E. Stick to the Trademark Policy. The names “supermelon,” and the other supermelon marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Supermelon in the US and other countries.

         F. Grant Rights to Unsolicited Ideas. Any unsolicited ideas or other materials you submit to supermelon  (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

         G. Stay All Digital. supermelon will occasionally provide legal information in writing (like right now). As a part of these Terms, you are agreeing to supermelon ’s Electronic Communications Policy (you can read that here). This Policy explains the ways in which we’ll provide you with important information, and it states that we can send information by email or other electronic means instead of paper copies. Your agreement to the Policy means that you agree to receive these electronic communications, and that your electronic agreement is equivalent to a pen-and-paper signature.

7. Termination of Your Account

Termination by You. Of course, we would be sorry to see you leave. But if you wish, you may close your supermelon account at any time through your Account Settings. If you need any assistance in this process, you are welcome to reach out to a supermelon support representative. While you are free to close your account whenever you choose, please note that doing so won’t affect the availability of some of Your Content posted before the account was closed. You will still be responsible for any outstanding bills after your account is closed.

Termination By supermelon. We reserve the right to suspend or terminate your account, and any associated accounts, as well as your access to our Services. We may do so at any time and for any reason, without advance notice to you. If we choose to do this, please note that you do not have any contractual or legal right to continue using supermelon.This includes buying or selling on any of supermelon ’s websites or mobile apps. supermelon may refuse service to anyone, at any time, for any reason.

If your account is terminated, either by you or by supermelon, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. supermelon 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.

8. Warranties, Limitations of Liability, and Other Legal Information

Items You Purchase. supermelon does not manufacture, warehouse, inspect, or guarantee any item offered for sale through our Services. While we provide a venue to connect vendors and customers, all of the items in that venue are created and sold by independent sellers. As a result, supermelon does not and cannot make any claims or warranties about the items’ safety, quality, or legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release supermelon 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).

Content You Access. In the course of using our sites or apps, you may encounter materials you find inappropriate or offensive.  We make no representations concerning any content posted by users through the Services. supermelon 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. Our Services allow you to connect and interact with others, both digitally and in person. By agreeing to these Terms, you are acknowledging that we do not screen any of supermelon ’s users, and you are releasing _supermelon from all liability in relation to your interactions with others through our Services. We encourage all of our users to practice good judgment and to exercise reasonable caution in their interactions through the Services. This is particularly true if you plan to meet another supermelon user in person.

Third-Party Services. Our Services may contain links to third-party websites or services, such as Pinterest, Facebook, or Twitter, that we don’t own or control. 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. supermelon is not a party to those agreements; they are solely between you and the third party.

Gift Cards and Promotions. You acknowledge that supermelon  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. In the event that your Gift Card code no longer works, the only remedy available is for us to issue a new Gift Card code to replace the one that stopped working. Your participation in a special offer or promotion constitutes your agreement not to claim at a later time that the rules of the special offer or promotion were in any way unclear.

Warranties. You understand that our Services are provided “as is” and without any kind of warranty, either 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 supermelon, 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 supermelon aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid supermelon 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.

9. Indemnification: Your Responsibilities If We Get Sued

By agreeing to these Terms, you agree that if legal action is taken against supermelon as a result of your actions, you will defend and indemnify us. Indemnification, for the purposes of these Terms, means that you will defend and hold harmless  supermelon _supermelon and any of our employees from any legal demand or claim, including reasonable attorney’s fees, arising 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.

10. What Happens If There’s a Dispute with Another User?

While we understand that some number of disputes are inevitable in any marketplace venue, we strive to minimize the number of disputes and to ensure that all of our users can enjoy safe, pleasant, mutually agreeable transactions through our Services.

When disputes do arise, we encourage users of our Services to attempt to settle them amicably. For disputes between _supermelon users, or between supermelon users and a third party, that cannot be settled amicably, these are the policies that will apply:

Case System. Our case system is intended for disputes that arise from a transaction taking place on our websites or mobile apps. Customers and vendors who become involved in such a dispute have the option of participating in this system. Based solely on our interpretation of _supermelon rules and policies and in good faith, supermelon will attempt to help resolve the dispute. We offer to do this at our sole discretion. We will not make judgments regarding any legal claims or issues, and we do not have an obligation to resolve any dispute brought to us.

Release of supermelon. By agreeing to these Terms, you release supermelon from any claims, demands, and damages arising out of disputes with other users or parties.

 

11. What Happens If There’s a Dispute with Us?

We understand that issues may arise in the course of your use of our Services. If you find yourself in conflict with us, we encourage you to get in touch so that we can find a resolution. Our support team is always willing to hear your concerns.

If we’re not able to reach a satisfactory resolution and a legal dispute results, these are the rules that will apply:

A. Governing Law. The Terms are governed by the laws of the State of New York, 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. 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.

B. Arbitration. You and supermelon  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 Consumer Arbitration Rules (the "AAA 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 the AAA Rules here). 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 supermelon 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.

C. 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, supermelon 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.

D. Forum. _supermelon is headquartered in Brooklyn, New York. Therefore, any legal action against us in relation to our Services must be filed and take place in Brooklyn. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Brooklyn, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you (where your contract is with supermelon Inc.) and supermelon agree to submit to the personal jurisdiction of a state court located in Kings County, New York or the United States District Court for the Eastern District of New York. E. Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.

F. Modifications. In the event that any changes are made to the “What Happens If There’s a Dispute with Us?” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against supermelon  prior to the date the changes became effective. supermelon will notify you of substantive changes to the “What Happens If There’s a Dispute with Us?” 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 supermelon 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 supermelon  in accordance with the provisions of this “What Happens If There’s a Dispute with Us?” 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.

12. Changes to Our Terms of Use

Although we’ve tried to make these policies as letter-perfect as we can, times change, and so too may these Terms. We want to ensure that you stay informed about any revisions to these Terms. To that end, please note the following policies.

If we feel that any changes being made are germane to your use of the Services, we’ll inform you about them in one or more of the following ways: (1) publishing the changes via the Services or (2) sending an email or message to communicate the changes. It will be up to you to decide whether you wish to continue using our Services according to the new Terms. It is your responsibility to review any changes. Changes will be effective as soon as they are posted to the site. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Other Important Details (Don’t Skip This)

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