TERMS OF SERVICE
reCREATRE Mrkt operates a dance marketplace inspired by social media to bring
buyers and sellers together. The platform allows you to buy and sell items through
an app store downloaded on your mobile device or through our website. You can
search for items, list and sell your own items, log into your own personal profile and
track of all your listings
The website/ The Service is operated by reCREATE Mrkt registered and
Trademark in Canada. Throughout the site, the terms "we”, "us” and "our” refer to
reCREATE Mrkt. You are entering into an agreement with reCREATE Mrkt.
reCREATE Mrkt offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here.
In using the platform Buyers and Sellers enter into a contract for the sale and
purchase of dance related items directly between themselves. reCREATE MRKT is
not a party to such sale or purchase. You are solely responsible for your decision
to use, the Service, Buy, Sell, or transact any business or communications on the
Service, and will be liable for all of Your actions on the Service.
By visiting our site, you engage in our "Service” and agree to be bound by the
following terms and conditions ("Terms of Service”, "Terms”), including those
additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools, which are added to, the current platform shall also be
subject to the Terms of Service. You can review the most current version of the
Terms of Service at any time on this page. We reserve the right to update, change or
replace any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
SECTION 1 - SETTING UP AN ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
To access our service you must register with us and set up an account with a
username and password. Always use a strong password to protect your account.
You are solely responsible for maintaining the confidentiality of your login details
and all activities that occur under your account. You must notify us of any
unauthorized use of your account. If you have any concerns that your Account may
have been misused, you must contact us straight away to let us know at
support@recreatemrkt.com .
A breach or violation of any of the Terms will result in an immediate termination of
your Services.
SECTION 2 – SELLING
We reserve the right to refuse service to anyone for any reason at any time.
Our Service allows you to buy and sell dance related items in an easy and fun way.
Sell by publishing photos of the item (Sale item). When a user of the Service
purchases such sale item, this is a Sale Transaction.
All sale transactions must take place by reCREATE’s 3 rd party payment providers –
PayPal or reCREATE Mrkt payments by Stripe.
Where you use PayPal to make or receive payment for a Sale Transaction, you will
need a PayPal account to use the Service. If you do not have your own PayPal
account, and plan to use a parent’s or third party’s PayPal account, you undertake
that you have express permission to use such parent’s or third party’s PayPal
account in relation to each and every transaction undertaken on our Service.
reCREATE Mrkt offers you the option to use Payments via Stripe as a third-party
service provider for payment services. Your use of reCREATE Mrkt Payments via
Stripe through our Service, is subject to the Stripe Connected Account Agreement,
which includes the Stripe Terms of Service (collectively, the "Stripe Services
Agreement”) and you agree to be bound by the Stripe Services Agreement, as the
same may be modified by Stripe from time to time.
You are not permitted to sell or purchase an Item by making direct arrangements
with the buyer or the seller to use a payment method other than the payment
methods offered by reCREATE Mrkt . Please note that selling or purchasing an Item
in any other way is a breach contract and can result in, among other things,
suspension or termination of your access to the Service
All purchases of a Sale item is made solely between you and the seller. The sellers
have at all times total discretion to set prices and add discounts. All questions,
claims and complaints related to the sale item should be directed to the seller.
We are not the seller of any Sale Items, we have no control over the accuracy of any
picture or the description of the Sale Item, the quality, or any other content made
available by the sellers, the ability of sellers to sell Sale Items, the ability of buyers to
pay for the item or that a buyer or seller will actually complete a transaction or
return the Sale Item, and we have no liability in this respect.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.
SECTION 3 –INTELLECTUAL PROPERTY RIGHTS
You acknowledge the Service, including all images, written content and designs on
each page of the reCREATE Mrkt application and website is protected by
copyright, trademark, or other proprietary rights and laws. reCREATE Mrkt
retains all rights to Our intellectual property. We give you permission to use the
material and content for the sole purpose of using the service in accordance with
these terms and conditions.
You agree you will not copy, modify, distribute, create derivative works, or the
like, or do or perform any other action with the Service Content or reCREATE
Mrkt’s intellectual property.
The right to use the service is personal to you and cannot be transferred, gifted or
sold to another person.
SECTION 4 - CONTENT
1. You confirm that all information you post, transmit, or submit through the
Service will is intended to be shared with other users and meets the Rules of
Acceptable Use.
2. By submitting content you grant us non-exclusive, royalty-free, worldwide,
irrevocable license to copy, reproduce, store, display, transmit, publish, modify, re-
format, and other wise use for any purpose in connection with the operation of our
business.
3. Our right to use your content does not in any way affect your privacy rights as
set out in our Privacy Policy.
4. reCREATE MRKT does not moderate or check User Content before users add it
to the Service. We are not responsible for the accuracy, intellectual property
rights or usefulness of such content and IT is not the responsibility of reCREATE
MRKT.
5. Recreate MRKT may reject, refuse or delete any User Content that we feel
breaks our Rules of Acceptability. We encourage you to maintain you own backup
of your User Content and we shall have no liability for any loss of User Content
Prices for our products are subject to change without notice.
SECTION 5 – RULES OF ACCEPTABLE USE
You must maintain an active email address that is checked regularly.
You are responsible for all taxes (including any associated penalties, late payment
interest charges and fines) relating to the sale of your items through our Service.
You must comply with all applicable laws within your region associated with such
taxes.
You must not create more than one account on the Service.
You must not give any misleading or false information in your account details.
Allow any unauthorized your of the Service under your name.
Use the service if you have been suspended or banned.
Modify, interfere, intercept or hack the Service. Misuse the service by knowingly
introducing worms, viruses or any material that would harm the Service.
Collect any data other than in accordance with the terms of service.
You must not submit any User Content, including comments and descriptions
relating to sale items that contains unlawful content, abusive, violence, nudity,
threatening, untrue, harassing, derogatory, misleading, false, obscene, or rude
language.
You must not manipulate or interfere any rating system or user feedback.
Submit any User Content without the permission of the content owner.
Offer to sell or buy any Prohibited Products.
You must not purchase or sell a Sale Item by making direct arrangements with the
buyer or seller to use a payment other than Pay Pal or Stripe available through our
Service.
Take any action to manipulate the Commission due to us.
Use any third party’s Pay Pal account unless you have express permission from
them to do so.
Submit any information or comments about another person without that person’s
permission, or post private information via the Service, including you or any other
person’s credit card information, non-public phone numbers or no-public email
addresses.
Failure to comply with the Rules of acceptable use
constitutes a serious Breach of these Terms of Service and
may result in any or all of the following:
Immediate, temporary or permanent withdrawal of your right to use our Service
Immediate, temporary or permanent removal of any User Content
Issue a warning to you
Legal action against you including proceedings for reimbursement of all legal costs
resulting from the breach
Disclosure of such information to law enforcement authorities as we reasonably feel
is necessary
SECTION 6 – SELLER’S COMMISSION
The seller of any Sale Item will pay us a commission on the total transaction amount
received by the seller (including applicable taxes, if any, and shipping costs) in
respect of any Sale Transaction. If the Commission payable is less than our
minimum Commission, then the seller will be required to pay the minimum
Commission of $2.00.
PayPal charges you an additional fee and you should ensure you are familiar with
PayPal’s terms of use, which you will have agreed to when you set up your PayPal
account.
Our Commission will be deducted from your PayPal account or the funds
transferred to you via Stripe (whichever is applicable).
We will provide the seller of the Sale Item with an invoice detailing the Commission.
You agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and "as
available” without any warranties, representations or conditions of any kind and
without any endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk
and discretion and you should ensure that you are familiar with and approve of the
terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or
services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or responsibility for
any third-party materials or websites, or for any other materials, products, or
services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies and practices
and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third-party.
SECTION 9 – OUR LIABILITY
Your use of the Service is at your sole risk. reCREATE Mrkt is not liable for any
content posted on the service, purchases, sales or any other obligations that arise
between users. reCREATE Mrkt make no guarantee regarding the quality, delivery
of the sale item, or for honouring any information regarding the price, descriptions,
availability of, or of the ability of the buyer or seller to complete any purchase of the
Sale Item
It is our intention that the Service is available as much as possible, however, there
may be occasions when the Service may be interrupted due to scheduled
maintenance, upgrades and emergency repairs, or due to failure of
telecommunication links and/or equipment. The Service is provided on an "as
available” and "as is” basis. This means that we are unable to guarantee that your
use of the Service will be uninterrupted, without delays, error-free or meet your
expectations. You accept that the internet may be subject to breaches of security and
that the submission of User Content or other information may not be secure.
reCREATE MRKT is not responsible or liable for any loss or harm caused by viruses,
worms or other programmes designed to impair the Service..
Our total responsibility for any claims relating to a Sale Transaction is limited to the
Commission payable in connection with that Sale Transaction.
We will never be responsible for any loss or damage that is not reasonably
foreseeable and we will never be responsible for indirect losses and/or financial and
business loss, or loss of goodwill or reputation.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libellous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take
no responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information or cancel orders if any information in the
Service or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied in the Service or on
any related website, should be taken to indicate that all information in the Service or
on any related website has been modified or updated.
If reCREATE MRKT is sued due to an action or inaction by you then we have the
right, at our discretion, to request that you indemnify us (i.e. cover all our costs
including legal fees) and hold us harmless from any legal claim or demand for
expenses or costs that arises as a result. Where we decide to conduct the defence of
such claim, you agree to assist us as reasonably requested.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to
solicit others to perform or participate in any unlawful acts; (c) to violate any
international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the functionality
or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and non-
infringement.
In no case shall reCREATE Mrkt, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless reCREATE Mrkt and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services. Please contact us at support@recreatemrkt.com
If in our sole judgment you fail, or we suspect that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
We may suspend or terminate the Services or your account without reason, notice,
and liability to reCREATE MRTK, including removing and discarding any items or
content within the Service, for any reason. You will lose any rights you have to the
service or access to your User Content. We will not offer you compensation for any
losses.
SECTION 17 - DISPUTES
If you have a dispute with us relating to the Service, please contact us
at support@recreatemrkt.com and attempt to resolve the dispute with us
informally.
If you use PayPal or reCREATE MRKT Payments via Stripe to pay for a Sale Item or
receive any money for a Sale Transaction you may be eligible for Buyer or Seller
Protection, details of which are available below
All purchases/sales made outside of reCREATE MRKT are against our Terms of
Service and are not covered by Buyer or Seller Protection.
If: a) as a buyer your Sales Item has not arrived, or if what you received is
significantly not as described or faulty, or b) as a seller you are sent an unauthorised
payment, or a buyer claims they didn’t receive their Sale Item, you can report the
issue to us within 60 days and we will reply to you with instructions on how to
proceed.
Please know that in regards to any kind of buyer or seller protection, we can only
accept tracking codes as valid proof of, and that the cost of returning the Sales Item
cannot be refunded. In order to be eligible for PayPal Buyer or Seller Protection, you
must: a) purchase/sell the Sale Item in-app using PayPal, and b) report the
transaction issue to PayPal within 180 days from the date of purchase/sale. Buyer
or Seller Protection applies only if these conditions are met. PayPal Buyer or Seller
Protection does not cover meet-in-person transactions.
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of
or access to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
support@recreatemrkt.com.