Last update 2024-05-01
Please read these Terms of Service (“Terms”) carefully. By using vobiseller.com (the “Site”), VobiSeller’s
software or signing up for an account, you’re agreeing to these Terms. This is a legally binding
agreement.
VobiSeller (“VobiSeller” or the “Service”) is a software service provider for merchants that is offered
through VobiSeller’s Site that is used for Etsy shop management. VobiSeller is owned and operated by Vobion LLC (“we,” and/or “us”). VobiSeller has officers, employees, independent contractors, and representatives
(the “Team”). As a customer of the Service or as a representative of an entity that is a customer of the Service,
you're a “Member” according to this Agreement. You agree that:
Your use of VobiSeller Service is based on the license of VobiSeller’s Intellectual Property to you. We grant
you a limited, non-transferable license to use VobiSeller’s Intellectual Property in accordance with the terms of this
Agreement for as long as you are a Member. VobiSeller reserves all rights in the Intellectual Property not expressly
granted to you. In addition to these Terms you need to read and accept Google’s Terms. Read them here:
https://policies.google.com/terms?hl=en-US
2.1. If you choose to use Our Service, you represent that you have full power,
capacity and authority to accept these Terms.
2.2. You affirm that you are at least
fourteen (14) years of age, or an emancipated minor, or possess legal parental or guardian consent, and to abide
by and comply with these Terms ofService.
2.3. You must be a human to open an account.
Accounts registered by “bots” or other automated methods are not permitted.
2.4. You must
personally and manually create your account without using any automated means aside from the auto-complete feature
in your website browser. A third party may not create an account for you and you must not allow any third party to
use your information to create an account.
2.5. You must provide your legal full name,
valid email address, and any other information we request to complete your account-signup process.
2.6. You are responsible for maintaining the security of your account and password. We
will not be liable for any loss or damage from your failure to comply with this security
obligation.
2.7. The purchase, sale, assignment or transfer of any accounts is
prohibited.
2.8. You are responsible for your own conduct and activities on, through or
related to Our Service. If you create an account to use Our Service, you are responsible for all conduct or
activities on, through or by use of your account. You must immediately notify us of any unauthorized use of your
account.
3.1. We or You may terminate this Agreement at any time by giving notice to the other
party. We may suspend our Service to you at any time, with or without cause.
3.2. Only if
we terminate your account without cause, will we refund you a pro-rated portion of any pre-payment plan. If your
account is terminated, we may permanently delete your account and all data associated with it from our
Site.
3.3. If you don’t log in to your account for twelve (12) or more months, we may
treat your account as “inactive” and permanently delete the account and all data associated with
it.
3.4. If you contact us within seven (7) days of purchasing any VobiSeller services to
terminate such services, we will refund the amount of your LAST PAYMENT to VobiSeller. This provision shall apply to
monthly, yearly and/or lifetime service plans.
4.1. Monthly Service Plan payments are due for any month on the same date, or the
closest date in that month, to the day you signed up with us and made your first monthly payment.You must
terminate your Monthly Service Plan at least twenty-four (24) hours prior to the next monthly due date in order to
avoid being charged for that month.
4.2. As long as you’re a Monthly Service Plan member
or have an outstanding balance with us, you'll provide us with a valid payment source and authorize us to deduct
the monthly charges against that payment source. You’ll replace the information for any payment source that
expires with information for a different valid payment source. Anyone using a payment source represents and
warrants that they are authorized to use that payment source, and that any and all charges may be billed to that
payment source and won’t be rejected. If, for some reason, we’re unable to process your payment, we’ll try to
contact you by email so you may provide us with an alternate payment source. Payment sources include Credit-Cards
or any other means which We deem acceptable. Failure to perform payment shall construe as material breach of this
Agreement.
4.3. You can cancel your membership at any time, and you will continue to have
access to the Service through the end of your pre-paid billing cycle. We do not provide refunds or credits for any
partial membership periods.
4.4. We reserve the right to change our subscription plans or
adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our
sole and absolute discretion.
4.5. In addition to these Terms you need to read and accept
Google’s Terms. Read them here:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=buyertos&ldr=US&ldl=und
You agree that you will not, at any time, make directly or indirectly, any oral or written public
statements that are disparaging of us, our products and/or services, and any of our present or former Team. We
(limited to its officers and directors) agree that we will not, at any time, make, directly or indirectly, any
oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or
written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or
abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to
determine with absolute precision the amount of damages that would or might be incurred as a result of a party's
violation of this covenant. The Parties agree that the liquidated damages in the amount of Five Thousand U.S.
Dollars ($5,000.00) per violation provided under this Contract are in lieu of actual damages and are the Parties'
reasonable estimates of fair compensation for the losses that may reasonably be incurred by each violation of this
covenant.
We may change the terms of this Agreement or our pricing at any time by posting the changes to this
Site or notifying you by email.
VobiSeller may use and disclose your information according to our Privacy Policy. The Terms of Our Privacy
Policy is incorporated into these Terms of Service by reference.
You promise not to:
8.1. Send Unsolicited Bulk Mail (“SPAM”) or other
communications;
8.2. Upload, post, email, or otherwise transmit any material that
contains software viruses and/or any other computer code, files, or programs designed to interrupt, destroy, or
limit the functionality of any computer software or hardware or telecommunications
equipment;
8.3. Send or transmit pornography or other sexually explicit communications,
communications offering to sell illegal goods or services, communications that violateCAN-SPAM laws, or marketing
or commercial communications without permission;
8.4. Infringe on any third party’s
ownership rights by using any material in your transmissions or uploads that is not owned or licensed by you. This
includes text, photos, graphics, and other content;
8.5. Use any misleading or incorrect
names, addresses, email addresses, subject lines, photographs, content or other information on the Website or in
any communications or transmissions sent using Our Service;
8.6. Breach or circumvent any
laws, third party rights or our systems, policies, orm determinations of Your account
status;
8.7. Use any robot, spider, scraper or other automated means to access our Service
for any purpose;
8.8. Harvest or otherwise collect information about members without their
consent; and
8.9. Upload or transmit harassing, offensive, obscene, defamatory,
threatening, or malicious content or communications.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, VOBISELLER OFFERS THE SITE AND SERVICES AS-IS AND
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SITE AND/OR ITS SERVICES, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VOBISELLER
DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL
VOBISELLER, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (the “VOBISELLER TEAM”) BE LIABLE TO YOU ON ANY LEGAL
THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE
IN CONNECTION WITH THE WEBSITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE VOBISELLER TEAM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE ABOUT THE SERVICE IN ANY
MONTH WILL BE NO MORE THAN WHAT YOU PAID TO US THE MONTH BEFORE.
You agree to indemnify and hold harmless the VobiSeller Team from and against any and all loss, expenses,
damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or
indirectly, from your violation of the Terms of this Site. You also agree to indemnify and hold harmless the VobiSeller
Team from and against any and all claims brought by third parties arising out of your use of the Site and/or
Services and the content. You make available via the Site and/or Services by any means, including without
limitation through an emailing, posting, a link, reference to content, or otherwise, whether by You or a third
party using Your password.
In the event we prevail in any action against you arising out of or relating to this Agreement, We
shall be entitled to recover damages, other relief we may be awarded, its costs and expenses, including reasonable
attorneys’ fees, incurred in connection with any such action.
If we have to provide information in response to a subpoena related to your account, then we may
charge you for our costs. These costs may include attorney and employee time spent retrieving the records,
preparing documents, and participating in a deposition.
14.1. Ours. The VobiSeller Site, its original content, features, functionality (including
look),and Service Content (“Intellectual Property”) are owned by VobiSeller and are protected by international
copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree
to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our
copyrighted content. The term “content”includes, without limitation, information, data, text, photographs, videos,
audio clips, written posts and comments, software, scripts, graphics, adwords, and interactive features generated,
provided, or otherwise made accessible on or through VobiSeller.
14.2. Yours. You represent and
warrant that you either own or have permission to use all of the material you upload to or transmit using VobiSeller.
You retain ownership of the materials you upload to, or transmit using the Service. You grant us a non-exclusive
worldwide license to use or disclose your materials subject to our Privacy Policy.
You represent and warrant that your use and interaction with VobiSeller is in compliance with all national,
federal, state, and local laws, ordinances and regulations. If you are located in a Country outside of the United
States, it is your responsibility to determine that you are in compliance with the laws of that Country. You agree
to indemnify and hold us harmless from any losses, including attorneys’ fees that result from your breach of any
part of these warranties.
We shall not be liable for any failure of or delay in the performance of this Agreement for the period
that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of
God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, or any
other insurmountable circumstance or event (“Force Majeure”).
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity
or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Any provision of this Agreement which imposes an obligation after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement.
The section headings contained in this Agreement are for reference purposes only and shall not affect
in any way the meaning or interpretation of this Agreement.
Our failure to exercise or delay in exercising any right, power or privilege under this Agreement
shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude
any other or further exercise thereof.
This Agreement will only be amended by our posting new terms on this Website. These new terms will
then be incorporated into the existing Agreement. If there is a conflict between the existing terms and the new
terms, the new terms shall control.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the
Commonwealth of Wyoming without regard to its conflict of laws rules, or international law or convention.
In the event VobiSeller and Member (the “Parties”) are not able to resolve any dispute between them arising
out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in
equity for damages or any other relief, then such dispute shall be resolved in the Commonwealth of Wyoming. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the
prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The Parties agree to
arbitrate all disputes and claims with respect to these Terms or any disputes arising as a result of these Terms,
whether directly or indirectly, including tort claims that are a result of these Terms. The Parties agree that the
Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute,
including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This
arbitration provision shall survive the termination of these Terms of Use.
23.1.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated
on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of
others. The arbitrator's authority to resolve and make written awards is limited to claims between You and Us
alone. Claims may not be joined or consolidated unless agreed to in writing by all Parties. No arbitration award
or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named
party to the arbitration.
23.2. The above notwithstanding, if You violate these Terms then
we may seek injunctive or other equitable relief.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to
any other individual or entity at our discretion.
25.1. In no event will The VobiSeller Team be responsible for the actions of any third
party. Third parties may include, but are not limited to, advertisers, linked websites or other members.
25.2. Third Party Resources. The Website and the Service may contain links to third party
websites or other resources. You acknowledge and agree that we are not responsible or liable for the availability,
accuracy, content or policies of third party websites or other resources. Links to such websites or resources are
provided only as a convenience to you and do not imply any endorsement by or affiliation with Jungle Scout. You
acknowledge sole responsibility for, and assume all risk arising from, your use of any such third party websites
or resources.
25.3. Results Not Guaranteed. VobiSeller makes no guarantee or representation of
any kind concerning the results of your use of the Website or Service. Any testimonials or examples displayed or
depicted through VobiSeller’s Website, programs, and/or the Service are only examples of what may be possible. There
can be no assurance as to any particular outcome, including increased income, Etsy ranking, sales, and/or any
other outcome, based on the use of the Service or any other products, programs or service offered by us.
All notices to You will be effective when We send it to the last email or physical address you gave us
or posted on our Site. Any notice to Us will be effective when delivered to us at:
26.1.
Email: [email protected]
If copyrighted content that belongs to You was posted on the Site without Your permission please
notify Us at:
27.1. Email: [email protected]
27.2. Please include the
following in your notice:
27.3. This statement must be made under penalty of perjury, meaning if any part of the
statement is false, you could be committing perjury which is a serious offense that is sometimes even classified as
a felony.
27.4. Warning: If you knowingly make a false statement in your claim of copyright
infringement, then you may be subject to liability for damages and heavy civil penalties. If you’re not sure whether
material on one of our Sites infringes your copyright, then you should speak with a lawyer before notifying us. We
may forward your notice to the user that uploaded the content.
When you use the VobiSeller service, or send e-mails, text messages, and other communications from your
desktop or mobile device to us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text,
or by posting notices and messages on this Website. You agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal requirement that such communications be in
writing.
This Agreement together with Our Privacy Policy and any additional terms You have agreed to
constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior
agreements, representations and understandings of the Parties, written or oral.