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We have tried to make the Terms of Use on Kuttlefish.com simple to understand and as useful and fair as possible. We want Terms that you understand and can comply with. If you have any thoughts on how we can improve our terms, please contact us at support@kuttlefish.com.


Acceptance of Terms and Notification of Changes


By using the Kuttlefish.com website (“Kuttlefish”) and all sub-domains, which are a service of Kuttlefish Inc., you are agreeing to be bound by the following terms and conditions (“Terms”, “Terms of Use” or “The Agreement”).


Kuttlefish, Inc. may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Kuttlefish, Inc. Your continued use of Kuttlefish after changes are posted means you agree to be legally bound by these terms as updated and/or amended.


General Terms


You must be 13 year of age or older to use Kuttlefish. If you are under the age of 13, you must have a parent or legal guardian read and agree to the Terms and Conditions of Use.


You must be 18 years of age or older to enter into a legally binding contract to sell on Kuttlefish.


If you register membership as a business (as a sole trader or partnership) on Kuttlefish, you must guarantee that you personally have the authority of the business to agree to the Terms.


These terms shall be governed by and interpreted in accordance with the law of the United States. They were written in English. If any inconsistency arises between these terms and any translation of these terms into other languages, the English language version takes precedence.


Conduct


You must not use Kuttlefish for any illegal or unauthorized purpose and you agree to comply with all ‘local’ laws regarding online conduct and acceptable content such as libel law and must comply with all local jurisdiction.


You must not threaten, intimidate, harass or otherwise abuse any other Kuttlefish user.


You are responsible for maintaining that the uploaded content you submit is your own and is not owned by others.


You are solely responsible for your behavior and conduct on Kuttlefish including use of all content and data including images (graphics and photos), audio and video clips, links and text (such as conversations) that you post on Kuttlefish. Kuttlefish, Inc. has the right to remove any of the above at their discretion.


You must not modify or adapt or ‘hack’ Kuttlefish for any reason.


You must not associate another website that implies you are associated with Kuttlefish or Kuttlefish, Inc.


You must not produce unwanted communications (spam) to other users of Kuttlefish. All mail and communication features on Kuttlefish are strictly for communications related to ideas and commerce shared and conducted on Kuttlefish.


You are responsible for keeping your password secure.


You must not transmit or seek to transmit any viruses or worms or any code that seeks to alter the behavior of Kuttlefish that is in any way destructive.


You must not hold multiple accounts in order to sell the same goods as this constitutes ‘spam’ and unfair manipulation of the Kuttlefish. Each individual is allowed to open one account.


You must not solicit for new business on Kuttlefish or use Kuttlefish to send unsolicited communications except to ask or inform others about Kuttlefish business (items, postage etc.). Any such action will result in your account being deleted.


Content and Copyright


You (“the User”) in using Kuttlefish allow Kuttlefish, Inc. the right to re-use, edit, modify, re-purpose and re-publish the content. “You” retain rights over copyright of all such content yet provide a license for Kuttlefish, Inc. to use this content both on and offline in perpetuity.


You must not post, list or upload false, inaccurate, misleading or defamatory content (including personal information).


You must not copy, modify, or distribute Kuttlefish, Inc.’s copyrighted works or trademarks, or other content from Kuttlefish, without our express consent, see Using the Kuttlefish Logo.


Kuttlefish, Inc. may change or remove content (“content” includes, for example, items, item descriptions, and other information on Kuttlefish) and accounts containing content that Kuttlefish, Inc. determines to be unlawful, offensive, threatening, libelous, obscene or otherwise objectionable or violates any party’s intellectual property, the Kuttlefish Terms of Use, Privacy Policy, Community Guidelines, or other policy documents posted on Kuttlefish.


By submitting your content you grant Kuttlefish, Inc. a perpetual, royalty-free, non-exclusive, right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Kuttlefish Privacy Policy. You also grant Kuttlefish to potentially reproduce your work for other purposes such as marketing, ‘advertisements’, blog posts, printed and web related material, public relations publications, articles, books, etc.


Dangerous products and ideas


Kuttlefish's primary concern for its community is safety. You must not sell or list any products or ideas that explode and/or are intended to cause injury to another person, group of people, or property, whether for sport, combat, or self-defense. Examples include bombs (of any type), most fireworks, grenades, dangerous knives, throwing stars, brass knuckles, tasers, pepper spray, guns, gun parts, or any part that is necessary for a gun or explosive device to function, e.g. ammunition, silencers, triggers, etc.


Artisans that create guns, bombs, weaponry, or weaponry-like products or ideas not intended to cause harm, e.g. toys, art, soaps, costumes, etc., must identify the nature of the product on the default photo in writing. For example, a toy would display the identifying word "TOY" visibly and legibly on the default product or idea photo. For further clarification, please contact us at support@kuttlefish.com


Goods for Sale


Products posted for sale on Kuttlefish must conform to Kuttlefish, Inc.’s Material Origin Promise. Kuttlefish, Inc. reserves the right to change this list at any time and without notice.


Marketing and Linking


You shall not link out from Kuttlefish to your own online shop directly. Kuttlefish is to be primarily used as a platform for buying, selling and idea sharing, and not a lead generator / marketing platform for your own site.


Sales and Returns


Buyers must pay for items purchased, unless the seller has made a clear typographical error or you cannot authenticate the seller’s identity.


Sellers must ship items purchased from them within due time as outlined in Kuttlefish's Returns Policy


Data and Privacy


You must not collect information about users, including email addresses, without their express consent.


You must agree to the terms of the Privacy Policy.


Changes to the Service


Kuttlefish, Inc. retains the right to terminate or change the service for any reason at any time without notice.


Fees


You agree to pay the fees set out in our Seller Fees Policy.


Liability and Indemnity


Under no circumstances will Kuttlefish, Inc. be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): loss of data; loss of revenue or anticipated profits; loss of business; loss of opportunity; loss of goodwill or injury to reputation; losses suffered by third parties; or any indirect, consequential, special or exemplary damages arising from the use of Kuttlefish regardless of the form of action.


Kuttlefish, Inc. makes no claim as to the safety, validity, or practicality of any idea or product submitted by Users. Any User attempting to replicate or copy a reuse example found on Kuttlefish does so at their own risk.


By using Kuttlefish, you agree to indemnify and hold Kuttlefish, Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the site, your use of the site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights by another User.


Policies


The Terms of Use covers acceptance of the following discrete policies:


Privacy Policy

Material Origin Promise

Seller Fees Policy

Returns Policy


If you break the above terms then your account may be suspended and/or terminated. Kuttlefish, Inc. seeks to promote legal activity and polite conduct on Kuttlefish; however, you agree that you are using Kuttlefish at your own risk and Kuttlefish is a ‘place’ and is not responsible for the content posted on the site. You understand you may be exposed to content and behavior that violates these Terms of Use.


If you have any questions relating to this Policy, or have suggestions on how to improve it, please contact us by contacting us at support@kuttlefish.com.



Updated: December, 2015

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