Terms & Privacy

Ave 21 Marketplace TERMS OF USE


GENERAL TERMS

INTRODUCTION

Ave 21 Marketplace 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 Ave 21 Marketplace. 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 Ave 21 Marketplace - 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 Ave 21 Marketplace 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.


WHO IS Ave 21 Marketplace 
Ave 21 Marketplace is an organization founded 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 Ave 21 Marketplace experience.


ELIGIBILITY

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 Ave 21 Marketplace 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 Ave 21 Marketplace if they wish to sell their art.


TERMS FOR SELLERS & BUYERS

The following terms of use under 2.0 should be considered to wholly represent the requirements of both buyers and sellers.


FEES & SERVICES

At this time Ave 21 Marketplace does not charge any fee's. 

Be Sure To do Your GET PAID in your Store ADMIN or Customers Will Not be able to purchase your items.


IMPORTANT LISTING & SELLING

Ave 21 Marketplace has NO Listing Fees 


WHAT CAN BE SOLD ON Ave 21 Marketplace?

Our main categories include Fine Art, Handmade, Supplies and Vintage items and clothing over 10 years old.

Items in the Fine Art and Handmade categories must be handmade by the individual/s running the Ave 21 Marketplace 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.

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 Ave 21 Marketplace. Packaging and shipping supplies may also be sold in this section.

The Vintage category is for items that are at least 10 years old.  Hand-altered, up-cycled or reconstructed vintage items are considered Handmade, not Vintage.

Custom orders are welcome on Ave 21 Marketplace. 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.


Ave 21 Marketplace 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 Ave 21 Marketplace shop. 

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.

WHAT CAN'T BE SOLD on Ave 21 Marketplace?

Here is a list of other prohibited items on Ave 21 Marketplace, even though they could possibly fit into one of our categories:

  • Alcohol
  • 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 ave21.com determines to be inappropriate, harmful, fraudulent, or illegal
  • Dangerous Chemicals
  • Drugs
  • Explosives
  • Firearms
  • Fireworks
  • 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 transnational information of any sort
  • Items that violates Terms of Use
  • 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
  • Pornography
  • Prostitution or other similar services
  • Protected antiquities
  • Real estate
  • Replica items, including designer items
  • Tobacco

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.


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. Ave 21 Marketplace 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.


PROHIBITED ITEMS & CONDUCT

Ave 21 Marketplace 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.

Please help us by letting us know about any prohibited, inappropriate, or potentially inappropriate, content you see on the website. Every case will be reviewed by Ave 21 Marketplace 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  Ave 21 Marketplace 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.


INFORMATION CONTROL

Ave 21 Marketplace does not control the Content provided by users that is made available on Ave 21 Marketplace. 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 Ave 21 Marketplace, you agree to accept such risks and that Ave 21 Marketplace (and Ave 21 Marketplace officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Ave 21 Marketplace. Please use caution, common sense, and practice safe buying and selling when using Ave 21 Marketplace.
Ave 21 Marketplace 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 Ave 21 Marketplace within the website and in other places. 
By agreeing to these terms of use, you grant permission to Ave 21 Marketplace to use testimonial content is such a way.


INTERFERENCE

Ave 21 Marketplace may contain robot exclusion headers that contain internal rules for software usage. Much of the information on Ave 21 Marketplace is updated on a real-time basis and is proprietary or is licensed to Ave 21 Marketplace by Ave 21 Marketplace users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Ave 21 Marketplace for any purpose without Ave 21 Marketplace prior express written permission. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose, in Ave 21 Marketplace sole discretion, any unreasonable or disproportionately large load on Ave 21 Marketplace 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 Ave 21 Marketplace 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 Ave 21 Marketplace robot exclusion headers or other measures Ave 21 Marketplace may use to prevent or restrict access to Ave 21 Marketplace

BREACH

Without limiting any other remedies, Ave 21 Marketplace may, without notice, and without refunding any fees, delay or immediately remove Content, warn Ave 21 Marketplace 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:

Ave 21 Marketplace 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.


PRIVACY

Except as provided in Ave 21 Marketplace privacy policy Ave 21 Marketplace will not sell or disclose your personal information to third parties without your explicit consent. Ave 21 Marketplace stores and processes content on computers that are protected by physical as well as technological security.


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 Ave 21 Marketplace recommends that you change it immediately.


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. Ave 21 Marketplace 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.


TERMINATION

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.


DELIVERY & POSTAGE

The cost of all postage and handling is to be incurred by the purchaser in every transaction through Ave 21 Marketplace
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.

 

LEGAL

LICENSE/CONTENT

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 ave21.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.


DISPUTE RESOLUTION

Should you have a dispute with one or more users, or an outside party, you release Ave 21 Marketplace (and Ave 21 Marketplace 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. Ave 21 Marketplace encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Ave 21 Marketplace, for the benefit of users, may try to help users resolve disputes. Ave 21 Marketplace does so in Ave 21 Marketplace sole discretion, and Ave 21 Marketplace has no obligation to resolve disputes between users or between users and outside parties. To the extent that Ave 21 Marketplace attempts to resolve a dispute,Ave 21 Marketplace will do so in good faith based solely on Ave 21 Marketplace policies. Ave 21 Marketplace will not make judgments regarding legal issues or claims.


INTELLECTUAL PROPERTY

All intellectual property rights in this website and the Ave 21 Marketplace service (including the software and systems underlying the Ave 21 Marketplace service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. 


LIABILITY LIMIT

IN NO EVENT SHALL Ave 21 Marketplace, AND (AS APPLICABLE) Ave 21 Marketplace SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Ave 21 Marketplace 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, Ave 21 Marketplace SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Ave 21 Marketplace LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Ave 21 Marketplace 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 Ave 21 Marketplace IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.


INDEMNITY

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.

COPYRIGHT

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Ave 21 Marketplace 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 Ave 21 Marketplace is used with permission. The arrangement and compilation of all content on this site are the exclusive property of Ave 21 Marketplace 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.

NO AGENCY

You and Ave 21 Marketplace are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


DISCLAIMER

We do not represent or guarantee that access to the Ave 21 Marketplace service or these websites will be uninterrupted.
You acknowledge that the Ave 21 Marketplace 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.


AMENDMENT

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed sever-able and shall not affect the validity and enforce-ability of any remaining term or condition.

Contact Us


If you have any questions or suggestions, please contact us at: ave_21@aol.com


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Ave 21 Marketplace may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Ave 21 Marketplace removes or disables access in response to such a notice, Ave 21 Marketplace will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.

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