Terms of Service
Responsible Community Guidelines. Cargoh.com is an online venue which facilitates a vibrant community marketplace in which buyers and sellers of independently created product may come together for trade. Cargoh brings all forms of art, design and creativity to the surface for the world to see, experience and purchase. Cargoh’s passion is to help the brilliant, talented artists of the world come together with buyers in a community driven marketplace with the purpose of selling the products they create. Cargoh.com believes strongly in creating a safe, inviting venue which not only defines binding guidelines for trade but also fosters an independent responsible spirit. To that end all Users of the Cargoh Service agree to abide by the terms and conditions of this Agreement including the Cargoh Responsible Community Guidelines.
Product and Content. For the purposes of this Agreement, “Product” shall mean and include, but not limited to: fashion, apparel, accessories, film, photography, video, music, prints, paintings, sculptures, digital media, design and consulting services. Cargoh reserves the right in its sole discretion to prevent the listing and sale of any Product on the Cargoh Service. In addition for purposes of this Agreement, "Content" shall mean and include all content that is provided by You to Cargoh and/or provisioned by You into the Cargoh Service hereunder for the purposes of selling Your Product to Users through the Cargoh Service including, without limitation, video, music, photograph, text, user name, any digital file, metadata and advertising creative or other advertising material. You may only provision such Content or Product into the Cargoh Service as to which You own or have sufficient rights and licenses. By posting Content on Cargoh, it is possible for an outside website or a third party to re-post that Content. You agree to hold Cargoh harmless for any dispute concerning this use. If you choose to display your own Cargoh-hosted Content on another website, the display of the content must provide a link back to its listing page on Cargoh.
The Buyer and Seller: The Cargoh Service allows an active, authorized registered user of Cargoh to create a shop on the Cargoh Service in order to list, promote, market and sell Product (the “Seller”). The Cargoh Service enables You the Seller to: (a) upload Content; (b) add, edit and manage Content; and (c) add advertising creative and other marketing messages in Your efforts to sell Your Product. The Cargoh Service allows an active, registered user or a “Guest User” of the Cargoh Service to locate and purchase Product via the Cargoh Service (the “Buyer”). Cargoh accepts no liability for any transaction between a Seller and Buyer. When you place an order on Cargoh, you are entering into a direct transaction and personal relationship with an individual Seller (facilitated by the Cargoh Service). Cargoh encourages the two parties to independently work through the transaction to completion. A transaction is created when a Buyer completes Cargoh’s checkout process (the “Transaction”). The Buyer must pay the Seller directly via Cargoh’s approved third-party payment provider. Do not send payment to Cargoh. All sales are binding. The Seller is obligated to ship the order or otherwise complete the Transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller's listing, or (b) the Seller cannot authenticate the Buyer's identity. The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. In the case of all disputes between a Seller and Buyer please see the Dispute Resolution section of this Agreement.
Blocking User to User Communication. Cargoh facilitates the communication between Users on the Cargoh Service. Cargoh accepts no responsibility or liability for the content of User to User communications on the Service. You may at any time choose to block communications from any User to You through the Cargoh Service by selecting the “Block User” feature in your Dashboard.
Membership Eligibility. The Cargoh Service is only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. Cargoh may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions. Individuals under the age of 18 must at all times use the Cargoh Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the User and is responsible for any and all activities. Cargoh reserves the right in its sole discretion to suspend, cancel and delete any User Account at any time.
The Cargoh Dashboard. By using the Cargoh Service You may make numerous selections about Your Account and the ingestion, presentation, management, marketing, and distribution of your Content via the Cargoh Dashboard. You may change Your selections regarding each to the extent permitted by the Dashboard. In all cases, Your last submissions reflected in the Cargoh database shall be conclusive in the event of any dispute. The "Dashboard” shall mean the feature of the Cargoh Service through which You manage Your Content and Account
Cargoh Fees. You are responsible for all transaction fees and other fees (the “Fees”) you have agreed to via the Cargoh Service. Joining and setting up a shop on Cargoh is free for basic service and You may choose to upgrade Your Account at anytime via the Cargoh Service. Cargoh charges You a percentage of the sale price when Your Product sells. When you list a Product for Sale, You have an opportunity to review and accept the Fees You will be charged. Cargoh’s Fees are subject to change and can be found at www.cargoh.com/memberships. Changes to the Fees are effective at the time You accept the Fees or after Cargoh provides You with at least fourteen (14) days notice by posting the changes on the Website. Notwithstanding the foregoing, Cargoh may choose to temporarily change the Fees for Cargoh’s services for promotional events. Such changes are effective when Cargoh posts the temporary promotional event on the Website. Cargoh may, at Cargoh’s sole discretion, change some or all of Cargoh’s services and Fees at any time. In the event Cargoh introduces a new service, the Fees for that service are effective at the launch of the service. Unless otherwise stated, all Fees are quoted in US Dollars (USD). You are responsible for paying all Fees and applicable taxes associated with using the Cargoh Service via Your authorized credit card as provided by You in Your Account. At the beginning of each month, the Seller is emailed a statement detailing the amount due. At this time Cargoh will charge Your credit card for Fees owed. Cargoh’s obligations hereunder are conditioned upon Your fulfillment of all payment obligations to Cargoh. If the charge to Your credit card fails to authorize then Cargoh shall have the right to suspend delivery of the Cargoh Service to You, in whole or in part. Any dispute or claim concerning calculation of Fees charged to Your credit card must be brought to the attention of Cargoh by e-mail to firstname.lastname@example.org within forty-five (45) days following the statement date, accompanied by the details forming the basis for such dispute or claim. Failure to follow the procedure set forth in the preceding sentence shall serve as sufficient reason for Cargoh to reject such claim without further liability. You may close Your Account at anytime by notifying Cargoh via the Cargoh Service.
Fees and Termination: If You close Your Account, if Cargoh terminates a listing, or terminates Your Account, or if the payment of Your Cargoh Fees cannot be completed for any reason, You remain obligated to pay Cargoh for all unpaid Fees plus any penalties, if applicable. If Your Account is not paid in full and becomes past due, You risk penalties such as the suspension of privileges and/or termination of Your Account and other collection mechanisms (including retaining collection agencies and legal counsel).
Fee Avoidance: The price stated in each Product listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the Product. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the Product’s price after a sale for the purpose of avoiding Cargoh Fees, misrepresent the Product's location, or use another user's account without permission. You may not engage in any activity to avoid Cargoh Fees. This includes, but is not limited to: completing a transaction off the Cargoh Service once it has been initiated on the Website, listing a Product below its intended purchase price or canceling a valid completed transaction.
Dispute Resolution. In the event a dispute arises between You and Cargoh, please contact Cargoh by sending an email to email@example.com. Should You have a dispute with one or more users, or an outside party, You release Cargoh (and Cargoh’s 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. Cargoh encourages users to report user-to-user disputes to local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Cargoh, for the benefit of users, may try to help users resolve disputes. Cargoh does so in Cargoh’s sole discretion, and Cargoh has no obligation to resolve disputes between users or between users and outside parties. To the extent that Cargoh attempts to resolve a dispute, Cargoh will do so in good faith based solely on Cargoh’s policies. Cargoh will not make judgments regarding legal issues or claims.
License to Use the Cargoh Service. Subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the Cargoh Service, Cargoh hereby grants You a limited, revocable, non-exclusive, non-transferable, worldwide right to use the Cargoh Service solely for the purposes described in this Agreement. All rights not expressly granted to You are reserved by Cargoh. Except as expressly permitted by Cargoh, You shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Cargoh Service in any way; (b) modify or make derivative works based on the Cargoh Service; (c) reverse engineer, decompile, modify, translate, disassemble or create derivative works based on the Cargoh Service; (d) rent, lease or otherwise transfer rights to any aspect of the Cargoh Service; or (e) take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Cargoh Service. You further agree that upon termination or expiration of this license, You shall no longer have the right to use the Cargoh Service.
License to Content. You hereby grant Cargoh a non-transferable (except as provided herein), royalty-free (except as provided herein), non-exclusive, worldwide license to perform such acts in connection with the Content as are necessary to provide the Cargoh Service. Specifically, the foregoing license includes, without limitation, permission for Cargoh, to the extent necessary to provide the Cargoh Service: (a) to deliver the Content to end users of the Cargoh Website; (b) to publicly display, publicly perform, transmit, distribute, copy, store, provision into and/or reproduce the Content through the Cargoh Service, either in its original form, copy or in the form of an encoded work; (c) to secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms based on the Content; (d) to distribute, transmit, and/or display the Content via such technologies as are supported by Cargoh from time to time; (e) to display advertisements in connection with any display of the Content and encoded works; and (f) to perform such other acts with respect to the Content and as are necessary from time to time to provide the Cargoh Service as specified by You through the Cargoh Dashboard or otherwise permitted by You through the Cargoh Service.
Trademarks. You hereby grant Cargoh the right to use Your trademark, logo and Content (“Your Branding”) in any particular marketing and/or promotional campaign initiated by Cargoh in all forms of media both physical and digital. You agree to (a) permit Cargoh to utilize Your Branding in marketing materials and on its website; and (b) permit Cargoh to identify You as a customer. You are not authorized to use the Cargoh trademark or logo (the “Cargoh Branding”) in any manner without the express written consent from Cargoh. Notwithstanding the foregoing, You are authorized to use any images, links, documents or other marketing materials pre-approved and provided by Cargoh to You via the marketing materials area in the Dashboard (the “Cargoh Marketing Materials”).
INTELLECTUAL PROPERTY. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: (A) YOU SHALL RETAIN ALL RIGHT, TITLE AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO ANY OF YOUR CONTENT AND YOUR BRANDING YOU PROVIDE TO CARGOH AND ANY OTHER PROPERTY, AND/OR MATERIAL BELONGING TO YOU, AND NOTHING IN THIS AGREEMENT SHALL CONFER ANY LICENSE OR RIGHT OF OWNERSHIP IN SUCH MATERIAL; AND (B) CARGOH SHALL RETAIN ALL RIGHT, TITLE, AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO ANY OF THE CARGOH SERVICE, CARGOH BRANDING, WEBSITE, AND TECHNOLOGY PROVIDED BY CARGOH, AND ANY OTHER PROPERTY, AND/OR MATERIAL BELONGING TO CARGOH, AND NOTHING IN THIS AGREEMENT SHALL CONFER ANY LICENSE OR RIGHT OF OWNERSHIP IN SUCH MATERIAL.
Effect of Termination or Closing of Your Account. Upon Cargoh’s Termination of Your Account or Your closing of Your account, any license granted to You by Cargoh under this Agreement will terminate immediately and You shall cease using the Website, Cargoh service, Cargoh Branding and Cargoh Marketing Materials. In no event may any of the Cargoh Branding, Website, property, intellectual property, technology or Marketing Materials belonging to Cargoh be used by You following termination of this Agreement. In the event of Termination or Your closing of Your Account Cargoh will use reasonable best efforts to cease using Your Content and Your Branding in a timely manner. Upon Termination or Your closing of Your Account, You are responsible to pay all Fees owed to Cargoh.
Copyright and Notices for Making Intellectual Property Right Claims. Cargoh respects the intellectual property rights of others, and requests You to do the same. Cargoh does not permit copyright infringing activities and infringement of intellectual property rights on its Website or Service, and Cargoh will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Cargoh reserves the right to remove Content without prior notice. Cargoh will also terminate a User's access to the Website or Service, if they are determined to be a repeat infringer. Cargoh may remove such Content and/or terminate a User's access for uploading such Content in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion. If you believe that Your content has been copied in a way that constitutes copyright infringement, please provide Cargoh the following information via email to firstname.lastname@example.org: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) a description of where the material that You claim is infringing is located on the Website, including the URL; (d) Your address, telephone number, and email address; (e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Representations and Warranties. You represent and warrant as follows, and acknowledge that Cargoh is relying upon such representations and warranties: (b) if You are a corporation, You represent and warrant that You are duly incorporated and validly existing under the laws of Your jurisdiction of incorporation and You have the corporate power and authority to enter into this Agreement and to perform Your obligations hereunder; and (c) if You are not a corporation, You represent and warrant that You are duly authorized to execute and deliver this Agreement and that You are duly authorized to perform Your obligations hereunder.
Disclaimer of Warranties. Cargoh makes no representations, warranties or conditions, express, statutory or implied, with respect to the Cargoh Service, Cargoh Website, or Cargoh technology provided by Cargoh hereunder. Cargoh expressly disclaims all other representations, warranties or conditions, including without limitation any implied or statutory warranties or conditions of merchantability, title, non-infringement or fitness for a particular purpose. Cargoh does not warrant that the Cargoh products or services provided hereunder will meet Your requirements nor that it will function uninterrupted, error free or that all defects will be corrected. Cargoh makes no representation or warranty regarding accessibility to, or the privacy or security of, any of Your information, files or data. You assume the entire risk as to the results and performance of the products and services provided hereunder. Cargoh does not represent or warrant that the products and services provided hereunder will be capable of achieving any particular result or results in Your business or operations. Except as expressly stated otherwise in this Agreement the products and services provided hereunder are provided and licensed on an “as is” basis without warranty or representation of any kind.
No Liability. Notwithstanding anything herein contained to the contrary, in no event whatsoever will Cargoh, its directors, officers, employees, agents, contractors or affiliates, be liable for any transaction between a Seller and Buyer and any claim for: (a) punitive, exemplary or aggravated damages; (b) damages for loss of profits or revenue, failure to realize expected savings, loss of use or lack of availability of computer resources or any stored data or Content; (c) indirect, consequential or special damages of any kind; (d) contribution, indemnity or set-off in respect of any claims against You by any third party; and (e) any damages whatsoever relating to interruption, delays, errors or omissions. You hereby waive any and all claims for damage. Cargoh is not responsible or liable for any aspect of the sale of Your products or Your purchase of products through the Service. You agree Your use of the Service is at Your own risk.
Outbound Links. Cargoh provides links to websites that are neither owned nor controlled by Cargoh. Cargoh assumes no responsibility for the content, privacy policies, sales transactions, product fulfilment, product returns or practices of any such websites or the persons that operate them. Cargoh cannot censor or edit the content of any other website. You agree that Cargoh has no responsibility or liability in respect of any such website.
Indemnification. You agree to indemnify and hold Cargoh and Cargoh's parent, subsidiaries, affiliates, officers, directors, agents, 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 this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party.
Cargoh Prohibited Conduct Policy. You agree that You will not use the Website or the Service to do any of the following:
- restrict or inhibit others from using and enjoying the Website or the Service;
- gain unauthorized access to other accounts on the Website or through the Service;
- store, collect or disclose any information, except as strictly necessary for you to use the Website or Service;
- impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact.
You agree not to use the Service to upload, post, email, otherwise transmit, transfer, distribute, display, post links to, or advertise any of the following:
- Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity;
- Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way;
- Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
- Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available;
- Content regarding any raffle, contest or game requiring a fee by participants;
- unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website or the Service.
- You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
- You may not advertise, offer for sale, or sell any Product You are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following Products:
- firearms, explosives, or weapons;
- food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;
- any Products that that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors;
- any controlled substances;
- any Products that are counterfeit or stolen;
- any dangerous Products;
- any goods or services that do not, in fact, exist;
- any registered or unregistered securities;
- any Products that violate or infringe the rights of other parties;
- any Products that you do not have the legal right to sell; or
- any Products where advertising, offering for sale or selling through Cargoh or the Service would cause Cargoh to violate any law.
Without limiting the foregoing, You agree to comply with all applicable laws, rules and regulations that apply to Your use of the Website and Service. You, and not Cargoh, shall be responsible for ensuring that Your use of the Website and Service in connection with Your Content and Product offering does not constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law in any jurisdiction, regulation or ordinance, including, but not limited to, U.S. law, regarding the transmission of copyrighted, trademarked content or personally-identifiable information or controlled technical data.
Content Not Screened or Error Free. You acknowledge and agree that by using the Website or Service, You may be exposed to content that is offensive, indecent or objectionable. You further acknowledge and agree that the Website or Service and the content may contain errors or omissions. You acknowledge and agree that Cargoh does not screen or review published content on the Website or Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will Cargoh be liable in any way for any user or other third-party content, including, but not limited to, defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via the Website or Service. Cargoh does not guarantee that content accessed or provided via the Website or Service will be to Your satisfaction. In the event that You believe that content published on the Website contains defamatory material or otherwise is published in violation of these Terms and Conditions please “Flag” the content via the procedures posted in the Cargoh Responsible Community Guidelines.
General Provisions.(a) Relationship: The relationship between the parties will at all times be one of independent contract and nothing herein shall be construed as implying a partnership or joint venture relationship. The parties acknowledge and agree that nothing herein contained shall be construed as empowering either party to act as a representative or agent of the other party, and neither party has the authority to enter into agreements of any kind on behalf of the other; (b) Governing Laws and Dispute Resolution: This Agreement shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. Each party hereby submits to the exclusive jurisdiction of the Province of British Columbia, Canada in connection with this Agreement. Each Party irrevocably consents to the exercise of personal jurisdiction over each of the Parties by such courts and waives any right to plead, claim or allege that British Columbia is an inconvenient forum; (c) Survival: The termination or expiration of this Agreement will not affect the survival and enforceability of any provision of this Agreement which is expressly or impliedly intended to remain in force after such termination or expiration; (d) Assignment: This Agreement may be assigned by Cargoh without the prior written consent of You to a company owned or controlled by Cargoh, or to an entity acquiring all or substantially all of the business or assets of Cargoh. Any other attempt by You to assign any of the rights, duties or obligations pursuant to this Agreement, without the prior written consent of Cargoh is void and of no effect; (e) Invalidity of Provisions: Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof; (f) Sections and Headings: Headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement; (g) Currency: In this Agreement, all amounts are stated and payable in US currency; (h) Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. There are no warranties, representations or agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth or referred to in this Agreement;
Refund Policy The Cargoh Service is "as is" and no refunds will be provided for license fees, refunds are applicable on transaction fees if seller does not deliver product and Cargoh is notified by paypal of the transaction not taking place or being refunded. Please contact Cargoh to request any refunds.
Last Update March 8, 2010