Vendor Application

Welcome to Atlanta Indie Market! These are the terms and conditions for: • http://atlantaindiemarket.com By registering as a user (vendor), you agree to be bound by these Terms and Conditions and our Privacy Policy. In these terms and conditions, "we", "us", "our" and Atlanta Indie Market refer to Atlanta Indie Market and "you" and “your" refer to you, the Atlanta Indie Market user. The following terms and conditions apply to your use of the website as a user and your registration as a vendor on Atlanta Indie Market. This includes mobile and tablet versions, as well as any other version of Atlanta Indie Market accessible via desktop, mobile, tablet, social media or other devices. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY SERVICES FROM THE WEBSITE OR PROVIDING ANY INFORMATION TO ATLANTA INDIE MARKET. 1. ACCEPTANCE OF TERMS This agreement sets forth the legally binding terms for your use of the website and your registration as a vendor. By registering and using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you should not use the website and refrain from registering. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modification of these terms and conditions when you use the website or register as a seller after such modification is posted; therefore, it is important that you review this agreement regularly. You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the website and services does not violate any applicable law or regulation. Atlanta Indie Market may, in its sole discretion, refuse to offer the services to any user 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. The website may only be used in accordance with these terms and conditions and all applicable local, state, national and international laws, rules and regulations. By registering as a vendor and using the website, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not subject to any legal incapacity or contractual restriction that would prevent you from entering into this agreement. 3. ACCOUNT (VENDORS) In order to register as a vendor on Atlanta Indie Market, the user must register and open an account on Eventeny. Vendor registration will be done through the Eventeny platform. By registering as a seller through Eventeny, the user also agrees to Eventeny" terms and conditions and privacy policy. During registration you will be asked to choose a password and you may be asked for additional information about your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Eventeny and Atlanta Indie Market of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. Atlanta Indie Market will not be liable for any loss or damage arising from your failure to comply with this agreement. By providing Atlanta Indie Market with your email address and telephone number, you agree that we may use your email address to send you relevant notices and notifications. We may also use your email address and phone number to send you information, such as changes to the terms of services, relevant news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through the contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content. Users may cancel their accounts at any time and for any reason by following the instructions available on the Eventeny platform. Such cancellation will result in the deletion of the account and the deletion of all personal data provided to Atlanta Indie Market and Eventeny. 4. SHOPPING ON THE WEBSITE When you place an order, you offer to buy the products for the price advertised and indicated on the website at the time of purchase. Please check correctly the features of the products before placing an order. When a customer places an order, Atlanta Indie Market will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order. We reserve the right to limit the number of units purchased by each user. Atlanta Indie Market also reserves the right to limit sales of our products on a regional or jurisdictional basis. Atlanta Indie Market may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights. All new orders are considered separately and each is treated individually. 5. PRICES Atlanta Indie Market reserves the right to determine the price for the products. The price of the product and its different variants will be available on each product page. Product prices and shipping costs are subject to change at any time according to the value of exchange rates. Atlanta Indie Market will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information. Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order. 6. PAYMENTS Products will be paid through the payment platform available on the website. The customer must pay the price of the product as stipulated on the order before the product is shipped and delivered to the customer. Payment will be charged to your credit/debit card immediately after you place your order for the product(s) you have purchased. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide. If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform. If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code. If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed. Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Atlanta Indie Market reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products. 7. PRODUCT DESCRIPTIONS Atlanta Indie Market attempts to be as accurate as possible. However, Atlanta Indie Market does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user"s device screen. 8. DISCLAIMER The products and services offered by vendors at the events are not offered or provided by Atlanta Indie Market. Atlanta Indie Market"s services are limited to providing the organization of the events to provide physical spaces where Vendors can offer their products or services. Atlanta Indie Market is not responsible at any time for the products or services offered by the Vendors at the events. Atlanta Indie Market is not responsible for the accuracy, safety or legality of the products or services offered at Atlanta Indie Market by Vendors. Atlanta Indie Market makes no representations about the products or services offered at the Events by Sellers. Atlanta Indie Market is not responsible for damages to the physical or moral integrity of persons, such as diseases, side effects, injuries, death or any other physical damage that may fall on a natural person, as a result of the purchase or use of the products or services offered in the events organized by Atlanta Indie Market. Vendor is solely and exclusively responsible for the products and services offered at Atlanta Indie Market events. The communications and relationships established between users as a result of any connection within the events organized by Atlanta Indie Market are the sole and exclusive responsibility of the sellers, users or any third party involved. In the event that one or more users or any third party initiates any type of claim or legal action against another user or users, each and every user involved in such claim or action exempts Atlanta Indie Market from any liability. 9. THIRD-PARTY MATERIALS. “Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses. 10. COPYRIGHT All materials on Atlanta Indie Market, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Atlanta Indie Market or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Atlanta Indie Market are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Atlanta Indie Market prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Atlanta Indie Market or any part of the material for any purpose other than its intended purposes is strictly prohibited. 11. COPYRIGHT INFRINGEMENT (Digital Millennium Copyright Act) Atlanta Indie Market will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act. Atlanta Indie Market respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act, via our contact information, with the following information: • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included. • A statement that specifically identifies the location of the infringing material, in sufficient detail so that Atlanta Indie Market can find it on the "Atlanta Indie Market" website. Note that providing a top-level URL is not sufficient. • Your name, address, telephone number and email address. • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law. • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf. • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner"s behalf. 12. PERSONAL DATA Any personal information you post or submit in connection with the services and use of the platform will be used in accordance with our Privacy Policy. Please see our Privacy Policy. 13. PROHIBITED ACTIVITIES The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Atlanta Indie Market or licensed to the Atlanta Indie Market by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited: i. Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Atlanta Indie Market. ii. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission. iii. Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services. iv. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure. v. Deep-link to any portion of the services for any purpose without our express written permission. vi. "Frame", "mirror" or otherwise incorporate any part of the services into any other platforms or service without our prior written authorization. vii. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Atlanta Indie Market in connection with the services. viii. Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content. ix. Download any Content unless it’s expressly made available for download by Atlanta Indie Market. 14. DISCLAIMER OF WARRANTIES Atlanta Indie Market will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person"s services. Because of the nature of the Internet Atlanta Indie Market provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control. Our platform may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites. Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Atlanta Indie Market for any loss or damage caused as a result. Atlanta Indie Market will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God. These terms do not affect your statutory rights as a consumer which are available to you. Subject as aforesaid, to the maximum extent permitted by law, Atlanta Indie Market excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Atlanta Indie Market and Atlanta Indie Market shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to: • Any incorrect or inaccurate information on the platform. • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform or any product or service purchased through the platform. • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control. • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong. • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user"s computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Atlanta Indie Market. • All representations, warranties, conditions and other terms which but for this notice would have effect. 15. ELECTRONIC COMMUNICATIONS No responsibility will be accepted by Atlanta Indie Market for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes. 16. INDEMNIFICATION You agree to defend and indemnify Atlanta Indie Market from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: • Your breach of this agreement or the documents referenced herein. • Your violation of any law or the rights of a third party. • Your use of the website. • Your purchase of the products. 17. CHANGES AND TERMINATION We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning. 18. ASSIGNMENT This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Atlanta Indie Market without restriction. 19. INTEGRATION CLAUSE This agreement together with the Privacy Policy and any other legal notices published by Atlanta Indie Market, shall constitute the entire agreement between you and Atlanta Indie Market concerning and governs your use of the platform and the services. 20. DISPUTES The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Atlanta Indie Market, provided that each party retains the right to bring an individual action in a court of competent jurisdiction. In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules. You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Atlanta Indie Market may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties. To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website 21. FINAL PROVISIONS These terms and conditions are governed by the USA laws (State of Georgia). Use of Atlanta Indie Market platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use. If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. Any rights not expressly granted herein are reserved. 22. CONTACT INFORMATION If you have questions or concerns about these terms, the products or the service, please contact us through our contact page or via the contact information below: Atlanta Indie Market. Market@atlantaindiemarket.com