ChristiansBay Terms of Service & Privacy Agreement
By using any My ChristiansBay Marketplace website, mobile website, web platform, product, marketing material, sales training course, subscription, and/or service (“Service”), you (seller and buyer) are agreeing to be bound by the following terms and conditions (“Terms of Service and Privacy Agreement”). These Terms of Service and Privacy Agreement shall serve as an agreement (the “Agreement”) between ChristiansBay Marketplace and the seller/buyer (“Customer” or “You” or “Your”), hereafter collectively referred to as the parties (“Parties” or “Party”).
BY ACCEPTING THIS AGREEMENT, EITHER BY COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING A SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
ChristiansBay reserves the right to update and change this Agreement from time to time without notice. You can review the most current version of this Agreement any time at our online website www.christiansbay.com/termsOfUse in the terms section.
Violation of any of the terms will result in the termination of Your Service. While ChristiansBay prohibits such conduct and Content on the Service, You understand and agree that ChristiansBay cannot be responsible for the Content posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk, and to hold ChristiansBay harmless for any loss, misconduct, or unauthorized use of the Service.
If any unauthorized use occurs, ChristiansBay may hold You or any party that You have assigned liable for any loss or damage that are a result of the breach of this Agreement.
Service And Password Security
You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under your service or products that you sell or buy. You agree to immediately notify ChristiansBay of any unauthorized use of Your password or Service or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
ChristiansBay reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs. ChristiansBay will not be liable for any loss or damage arising from failure to provide us with accurate information or to keep Your password secure.
Pricing And Modifications To The Service
ChristiansBay will charge You a monthly fee, transaction fee, start up fee and any additional agreed upon fees for the Service (If applicable) which will vary with the type of plan and actual Service rendered by ChristiansBay and or partners. All fees are subject to change at any time. We will notify You in advance of any fee changes. Company’s compensation for services rendered to ChristiansBay pursuant to this agreement shall be determined in accordance with the fees and pay schedule set out in Exhibit 1 hereto:
You hereby authorizes ChristiansBay to draw monthly automatic recurring payments from Visa or MasterCard, covering the initial setup fee, all monthly dues and all other applicable payments to Service as stated in a monthly invoice that shall be e-mailed by ChristiansBay. You shall pay this invoice via an automated electronic transaction or automatically withdrawn through site. A valid credit card must be kept on file with ChristiansBay at all times. If you need to change your card on file you must contact us via firstname.lastname@example.org.
The Service fee will renew automatically on a month-to-month basis, and monthly or yearly recurring payments, where applicable, will continue until notice of cancellation is received.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. ChristiansBay may increase the monthly recurring charge when the hosting exceeds the basic GB usage.
Company reserves the right to revoke access to Services if your balance is overdue or invoices are not paid in full. At a minimum, ChristiansBay will give 30 days notice to you before terminating this Agreement for failure to pay invoices when due.
If for whatever reason, you default on payment or invoices are not paid in full, you hereby authorize ChristiansBay or its assignee to collect the outstanding costs, plus service charges and interest, in any method available to the Company. You shall indemnify Company for all collection or legal fees (including court fees) incurred by the company in order to satisfy your payment defaults.
There will be no refunds or credits for setup fees, partial months of Service, upgrade/downgrade refunds, or refunds for months unused with any Service. If you cancel before your billing cycle ends, your site will remain active until the cycle completes.
ChristiansBay shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.
From time to time, ChristiansBay may issue an update to the ChristiansBay application which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although ChristiansBay will attempt to notify You in advance of an upcoming update, including details on what the update includes, whenever possible. ChristiansBay will in no way be liable if such updates affect any current hardware used or make any device no longer supported.
Cancellation And Termination
You are solely responsible for canceling Your Service. You can cancel Your Service anytime by contacting us by email: email@example.com. Your membership will continue in effect unless and until You cancel Your membership or we terminate it. Any questions in regards to cancellations should be directed to firstname.lastname@example.org. Cancellations by phone or sent to any other email address will not be accepted.
You must cancel Your membership before it renews each month in order to avoid billing for the following month’s fees. If You cancel the Service before the end of Your current payment cycle, You will not be charged again. You will still be able to access the Service until Your current payment cycle expires.
No refunds or partial refunds are offered for hosting or support, as the site will remain up through the end of the cycle regardless.
After 30 days of non payment your seller’s account will be terminated and all materials lost.
Termination By ChristiansBay
ChristiansBay, at its sole discretion, has the right to suspend or terminate Your Service and refuse any and all current or future use of the service, or any other ChristiansBay service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of Your Service or Your access to Your Service, and the forfeiture and relinquishment of all Content in Your Service.
ChristiansBay reserves the right to refuse Service to anyone for any reason at any time.
In the event of a cancellation and/or termination of Your Service, ChristiansBay will not be held responsible or liable for any damages that You or Your clients incur as a result of any agreements made between You and Your clients.
Upon expiration or termination of this Agreement: (a) You shall return or, at ChristiansBay’s request, destroy all confidential information, and (b) other than as provided herein, all rights and obligations of each Party under this Agreement, exclusive of the Service, shall survive.
Transfer Of Customers Upon Dissolution
Upon dissolution ChristiansBay agrees to provide all Content and necessary information, including client contact details and existing contracts, to transfer Your clients’ accounts to you. Upon dissolution of Your subscription, ChristiansBay agrees to take over all of Your clients’ accounts and maintain them from the effective date of termination.
You shall make no commitment for or on behalf of Company or for which Company shall have any liability or responsibility unless Company shall have first given its approval and commitment.
ChristiansBay will host Your Service with a premium Internet hosting provider, Microsoft Azure. You will be granted access to Your Service from our website, and any sub-domains associated with the particular Service. ChristiansBay will make reasonable efforts to monitor the uptime of the hosting account but does not guarantee or warrant its reliability due to various external Internet factors.
Information shared is copyright of ChristiansBay and must be kept confidential at all times. You may not share or sell any information to business owners, package or offer this information as a bonus, add this information to membership sites, or otherwise distribute this information without written consent of ChristiansBay. ChristiansBay reserves the right to revoke access at any time if any misuse or foul play occurs, or if unauthorized file sharing or multiple-IP logins are detected.
Customer and technical support is only available via email or our support forum. The technical support email address is email@example.com, and more information can be found on our Support Desk.
ChristiansBay will make the best efforts to respond to all reasonable requests in a timely manner. You understand that ChristiansBay will not be held liable for any loss or misfortune that may occur from support or technical recommendations, or the time at which it may take for the support or technical issue to be addressed.
Copyright And Content Ownership
You shall own and retain all rights to the Content you provided. ChristiansBay shall own all rights, title, and interest in and to all other elements, materials, data, graphics, and code of the Service including all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprise the Service, all literal and nonliteral expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Service and design elements. You shall not do anything that may infringe upon or in any way undermine ChristiansBay’s right, title, and interest in the Service or any other intellectual property held by ChristiansBay. ChristiansBay reserves the right to display any portion of Website Owner’s publicly available Service for the purpose of displaying rendered work to other potential customers or for marketing purposes
ChristiansBay does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Service, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
Website Owner expressly understands and agrees that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Website Owner’s transmissions or data; (iv) statements or conduct of any third party (including Website Owner Customers or ChristiansBay’s) on the Service; or (v) or any other matter relating to the Service.
Limited Warranty and Limitation Of Damages
ChristiansBay makes no warranty, and sellers hereby waives and disclaims any other warranty, representation, or condition of any kind or nature, express or implied, verbal or written, statutory or otherwise, including, without limitation, any warranty representation or condition of merchantability or fitness for purpose.
Sellers acknowledges that ChristiansBay will make reasonable efforts but does not warrant that the Service will work on all mobile platforms. Website Owner acknowledges that ChristiansBay is not responsible for the results obtained by Website Owner’s Customers. In every circumstance, ChristiansBay will have no liability for any damage, loss of productivity, or loss or alteration of matter detrimental to Website Owner Customer’s property due to the use of third-party software or hardware installed or recommended by Company.
Customer Indemnification And Liability
You agree to indemnify, save and hold harmless ChristiansBay from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Your responsibilities or obligations, representations or warranties under this Agreement.
You waive any claim for damages of any kind or nature against ChristiansBay and agree that Your sole and exclusive remedy for damages (either in contract or tort) is the return of the price paid to ChristiansBay limited to a total value.
Each Party acknowledges that in connection with this Agreement it may have access to proprietary information of the other Party, including but not limited to trade secrets, data, processes, technical information, business knowledge, pricing, service providers, hosting providers, technology partners, research and development and marketing strategies (hereinafter collectively referred to as “Confidential Information”). Seller acknowledges that the disclosure of Confidential Information in any manner would be highly detrimental to the interest of ChristiansBay. you agree that the right to maintain such Confidential Information constitutes a proprietary right, which Company is entitled to protect. Accordingly, you, your agents and your employees agree that they cannot disclose or permit the disclosure (either during this Agreement or thereafter) any Confidential Information to any person, or use or permit the use of same, for any purposes other than those of the owner of such information. Sellers shall not use any Confidential Information of Company except as may be necessary to perform Sellers’ obligations under this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of Website Owner.
Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that ChristiansBay uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt, reverse-engineer, decompile or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any other ChristiansBay.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by ChristiansBay.
ChristiansBay may, but has no obligation to, remove Content and Services containing 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 this Agreement.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ChristiansBay customer, employee, member, or officer will result in immediate Service termination.
You understand that the technical processing and transmission of the Service, including Your Content, 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.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Parties agree that all issues concerning applicable privacy legislation compliance are for the Customer.
ChristiansBay may assign all of its rights, interests and obligations pursuant to this Agreement to any person or Company without sellers’ consent. Sellers shall not assign or transfer any of their right or obligations pursuant to this Agreement without the prior express written consent of ChristiansBay.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
As seller, you shall be responsible for all expenses resulting in the course of running your business operations.
The Parties shall not prior to, during or after the term of this Agreement, reveal or otherwise make available to any other person any Confidential Information regarding the other party’s products, services, business, customers, or methods of operation learned by the other party while providing, or receiving Services hereunder. Any specifications, drawings, sketches, models, samples, tools, computer programs, technical or business information, or data, in written, oral, or graphic form or otherwise, furnished to either Party hereunder or in contemplation hereof shall remain the property of ChristiansBay, or seller, as the case may be.
Parties Not Partners
This Agreement does not constitute an agreement for a partnership or joint venture between the parties. All expenses and costs incurred by you in meeting its obligations under this Agreement shall be solely yours, and ChristiansBay shall not be liable for their payment. As seller, you can make no commitments with third parties that are binding upon ChristiansBay without ChristiansBay’s written consent.
Seller will not have an exclusive right to market, sell or resell ChristiansBay’s Solutions, and no franchise is granted to you. ChristiansBay expressly reserves the right to market, sell and resell Solutions itself and to contract with others to market, sell and resell ChristiansBay’s Solutions
Failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstances.
Independent Legal Advice
You acknowledges that You have had the opportunity (whether taken or not) to seek independent legal advice with respect to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Maryland and the federal laws applicable therein.
This Agreement constitutes the entire Agreement between you (seller or buyer) and ChristiansBay with respect to the subject matter hereof and cancel and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written (including, but not limited to, any prior versions of this Agreement) between you (seller or buyer) and ChristiansBay with respect thereto.
Agreement Assignable; By Whom
This Agreement is personal to you, and you cannot assign or delegate your rights or duties to any third party, whether by contract, will, or operation of law, without ChristiansBay’s prior written consent. Any attempt to do so shall be void. This Agreement shall inure to the benefit of the successors and assigns of the parties.
This Agreement shall be governed by and construed in accordance with the laws Mayrland and the federal laws applicable therein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written.
Questions about the Terms of Service should be sent to firstname.lastname@example.org
Interpretation And Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ChristiansBay.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Personal Data is any information that relates to an identified or identifiable individual.
Collecting And Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies And Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies in the “What Are Cookies” article.
We use both session and persistent Cookies for the purposes set out below:
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
We may share your personal information in the following situations:
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other Legal Requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information On The Processing Of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
Your California Privacy Rights (California’s Shine The Light Law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, You can contact Us using the contact information provided below.
California Privacy Rights For Minor Users (California Business And Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links To Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Sellers may be charged for using some of ChristiansBay’s services. This Fees & Payments Policy explains your fees and taxes and how to pay them.
Types of Fees
Sellers may be required to pay the following types of fees. Please note that all fees are listed exclusive of any value-added tax (VAT) or similar taxes that may apply. See the Taxes section below for further details.
Membership & Transaction Fees
You will be charged a vendor’s membership fee of $59.95 USD per year for selling unlimited items on the ChristiansBay Marketplace plus 15% per item sold. It’s important to note that the membership fee is non-refundable. ChristiansBay does not charge a listing fee.
ChristiansBay’s automatic renewals feature will automatically renew your Membership fee at the end of the one year period unless you cancel your vendor’s membership. You will be charged the selling fee of 10% of your final selling price.
Aside from the limited circumstances set out below, you are responsible for collecting and paying any taxes associated with using and making sales through ChristiansBay’s services. ChristiansBay will issue 1099-K forms to certain sellers to comply with IRS and state requirements. You may opt in at any time to receive your 1099-K form electronically.
Taxes on Seller Services
Where applicable, state sales tax will be applied to the membership subscription fee.
VAT on Seller Fees
Depending on your business status and location, ChristiansBay may be required to apply VAT on seller fees charged each month and remit it to the relevant tax authority. VAT is collected on all ChristiansBay fees for sellers located in countries where VAT should be applied.
Taxes We Collect and Remit from Buyers on Behalf of the Seller
United States Sales Tax
In some states, ChristiansBay will collect the sales tax amount from the buyer and pay this to the relevant tax authority.
For items shipped to certain states, including but not limited to Washington state (or, for digital items, those purchased with a Washington state billing address), ChristiansBay will use the category you assigned to each listing to calculate, collect, and remit the applicable sales tax. For a full list of these states, please see here. Note that in those states where ChristiansBay is required to collect on sales into the state made by nonresident sellers, ChristiansBay will also be collecting on those sales made by resident sellers. As an example, ChristiansBay will be collecting on all (taxable) purchases made in California, including those purchases made by California buyers from California sellers.
Digital VAT Fees
Under local laws in certain countries, ChristiansBay is required to collect and remit VAT to the relevant tax authorities when you sell a digital item delivered via automatic download to the buyer. ChristiansBay will automatically display the increased amount charged to the buyer of the digital item to collect the correct amount of VAT, and we will remit to the tax authorities.
This Shipping Policy explains your shipping obligations as a seller as well as your rights and responsibilities.
Shipping Your Items
Sellers are responsible for shipping their sold items to buyers. If you’re using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive their orders.
By selling on ChristiansBay, you agree to:
By entering tracking information or delivery confirmation on ChristiansBay, you’re giving us permission to collect and share this data received from your chosen shipping carrier with the buyer.
In the unlikely event an order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item actually was shipped and that it was sent to the address provided on ChristiansBay. If a buyer does not receive their order, they may file a case against your shop.
Refunds, Returns, and Exchanges for Sellers
ChristiansBay is a venue made up of independent sellers who run their own shops. This means that each seller is responsible for their own policies regarding refunds, exchanges, and returns. Individual policies will vary from shop to shop.
As a seller on ChristiansBay, you’re expected to clearly state your policies regarding returns and refunds in your shop policies. This includes:
If you do have a problem with a transaction, it’s best to contact the buyer directly via ChristiansBay Messages. Buyers are also encouraged to contact you if they experience any issues.
If you enter into a transaction with a buyer that is located in the European Union, you are subject to comply with the EU Directive on Consumer Rights.
Intellectual Property Policy
As a venue for artists, designers, and makers, ChristiansBay takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how ChristiansBay sellers can respond when their listings or shops are affected by a notice.
ChristiansBay is a marketplace comprised of individual third¬-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but ChristiansBay does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on ChristiansBay ‘s marketplace is generated by independent sellers who are not employees, agents, or representatives of ChristiansBay. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
ChristiansBay can’t speak on behalf of intellectual property owners, nor is ChristiansBay in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. ChristiansBay will remove material cited for alleged intellectual property infringement when provided with a proper notice.
Notices of Intellectual Property Infringement
ChristiansBay strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When ChristiansBay removes or disables access in response to a notice, ChristiansBay makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. ChristiansBay may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.
Please use our customer support email at email@example.com to report a claim of intellectual property infringement.
ChristiansBay may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. ChristiansBay may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. ChristiansBay also reserves the right to take action against abusers of this policy.
In accordance with the Digital Millennium Copyright Act (DMCA), ChristiansBay accepts counter notices for copyright notices only. When ChristiansBay receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs ChristiansBay of this action. Read more about DMCA notices, counter notices, and requirements here.
ChristiansBay only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material.
Once ChristiansBay receives a formal withdrawal of a notice of infringement, ChristiansBay makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.
Selling Handmade Items
As a vendor, you are required to be transparent about who is helping you and how your items are being made. Everything listed as handmade must be made and/or designed by you, the vendor. Reselling is prohibited in the handmade category. You may also have shop members who help you run your business, as long as you, the seller, are making and/or designing your items.
Using Production Assistance
Designers may work with production partners to help make handmade items in certain circumstances. Keep in mind that people come to ChristiansBay to discover items that they might not find anywhere else. Your design and production process should lead to the creation of a unique item that would not exist without you, the designer.
We expect your production partner to produce items themselves in their own facilities. A contractor or agent who outsources production may not be used as a production partner. Examples of production services include, but are not limited to, printing, apparel printing, 3D-printing, casting, plating, engraving, cutting and sewing, and finishing.
If you work with a production partner, you must disclose certain information in the listing process, including:
You may choose to keep the name of your production partner and details about your partnership and design process confidential (visible only to select Etsy employees), but the location and description of your production partner will appear on your About section and listings.
We may reach out to you at any time with a more detailed inquiry about your business. Please be prepared to provide additional details about the origins of your business, your role in the design process, your production process, and your connection to your production partner, as well as what efforts your production partner has made to follow our ethical expectations.
We understand that you may wish to keep the details of your design and business practices confidential. Please be assured that ChristiansBay will not use the private information you provide us for any purpose other than reviewing your business to determine that you are in compliance with our policies.
We reserve the right to reject any production partnerships that aren’t in the letter or spirit of this policy or our ethical expectations.
Being Transparent About Your Business
At ChristiansBay, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business. As a handmade seller, you agree to:
Prohibited Items Policy
ChristiansBay is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from ChristiansBay. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of ChristiansBay. This policy explains what is prohibited or restricted on ChristiansBay.
The following types of items are prohibited or restricted on ChristiansBay:
Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.
Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, “art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.”
In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on ChristiansBay. We reserve the right to remove listings that we determine are not within the spirit of ChristiansBay. Violating this policy may result in the member’s selling privileges being suspended and/or terminated.
Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
Alcohol and drugs are prohibited on ChristiansBay. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of ChristiansBay.
The following are examples of items that may not be sold on ChristiansBay:
Restrictions on descriptions of purported health benefits:
A medical drug claim is statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on ChristiansBay, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.
ChristiansBay prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. ChristiansBay may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If ChristiansBay receives proper notice from a legal authority, we may remove an item.