THIS USER AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND Ukrainian Treasures Inc. (SkladUSA.COM) AND APPLIES TO YOUR USE OF THE Ukrainian Treasures Inc. SERVICES AND ANY RELATED PRODUCTS AVAILABLE THROUGH SkladUSA.COM.
BY USING SERVICES OF THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THIS USER AGREEMENT. YOU AGREE THAT THIS AGREEMENT CONSTITUTES “A FORM SIGNED BY YOU” UNDER ANY APPLICABLE LAW OR REGULATION. IF YOU DO NOT AGREE TO ABIDE BY THIS USER AGREEMENT, PLEASE DO NOT USE THIS WEB SITE. WE MAY, AT OUR SOLE DISCRETION, UPDATE OR REVISE THIS USER AGREEMENT AT ANY TIME. ANY UPDATES OR REVISIONS OF THIS USER AGREEMENT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEB SITE. PLEASE CHECK THIS USER AGREEMENT PERIODICALLY FOR UPDATES OR REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEB SITE FOLLOWING THE POSTING OF ANY UPDATES OR REVISIONS TO THIS USER AGREEMENT CONSTITUTES CONFIRMATION OF YOUR ACCEPTANCE OF THIS USER AGREEMENT AS UPDATED OR REVISED.
PROVISIONS WHICH APPLY TO ALL ACCOUNT HOLDERS
- In order to use the Service you must register an account. Our Services are only available to individuals or businesses that can sign legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors (under 18 years of age), persons who are suspended from our services, or to persons who present an unacceptable level of risk.
- You agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contacts and applicable licenses regarding your use of our Services. Failure to comply with this provision shall constitute a breach of this User Agreement by you.
- Ukrainian Treasures Inc. acts as a fee-based trading broker. We act as intermediary by providing selling and trading assistance of merchandise, delivery, guarantee and dispute resolution services.
- By allowing your clients make payments through our Service and adding funds to your account balance, you appoint Ukrainian Treasures Inc. as your broker to transfer the product to the recipient that you designate, subject to the terms and restrictions of this User Agreement.
- You agree that you will not receive interest or other earnings on the funds that Ukrainian Treasures Inc. handles as your broker or that you hold in your skladusa.com account.
- Through the SkladUSA.com website, you can manage your account and withdraw funds that are available to you.
- Ukrainian Treasures Inc. serves as a trading broker by maintaining and providing our service to you via the web. The vendors/sellers are responsible for shipping the product directly to the buyers. As part of our Service, we offer buyer-seller dispute resolution services as described elsewhere in this User Agreement.
- As a vendor/seller you are responsible to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity.
- All product dispute resolution issues must be solely managed by Ukrainian Treasures Inc., and all product returns and exchanges must be processed through Ukrainian Treasures Inc.
- All sales must comply with eBay, Etsy, and PayPal Prohibited and Restricted Items Policy published on their websites.
User Identification and Verification
We have a number of capabilities to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User’s identity is correct. You, hereby, authorize Ukrainian Treasures Inc., directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include requesting that you provide government issued identification, detailed personal information and verifying the information you provide against third party databases. You may also receive phone and/or Skype calls from Ukrainian Treasures Inc. as a part of verification process. However, because user verification on the Internet is difficult, Ukrainian Treasures Inc. cannot and does not guarantee any user’s identity.
Qualifications for Use
- Our Services are available only to and may only be used by individuals who can sign legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors (persons under the age of 18).
- Your Ukrainian Treasures Inc. account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
- Ukrainian Treasures Inc. does not associate or conduct business with individuals found on the Specially Designated Nationals and Blocked Persons list (SDN list) of known or suspected terrorists or terrorist organizations. In addition to the terms set forth in the previous paragraph, you are eligible for an account only if you are not a resident of one of the countries and groups that are currently targeted by OFAC.
Your Information and Restricted Activities
- “Your Information” is defined as any information you provide to us or other users in the registration, payment process, or other features of our Service.
- You are solely responsible for Your Information.
- Your Information and your activities (including your payments and receipt of products through our services) shall not: be false, inaccurate or misleading, fraudulent, involve the sale of counterfeit or stolen items, infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy, violate any law, statute, ordinance, contract or regulation, be obscene or contain child pornography or contain any viruses and other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or other personal information.
- If you use, or attempt to use the Service for purposes other than making product related transactions, selling and receiving products, and managing your account, your account will be terminated and you will be subject to damages and other penalties.
- As a product seller, product supplier and product shipper you must act in compliance with all applicable United States and International Export and Import Control Laws. Particularly, no merchandize shipment made on our behalf should be declared as a “gift” or “product sample”, all customs declarations must indicate the correct value and description of products being shipped. You shall also comply with Prohibited and Restricted Items Policies as it is posted and update from time to time on market places we have listed. Failure to comply with any of these policies will result in an immediate termination of service and further report to United States Custom Authorities.
- You will be fully liable for any damages suffered by Ukrainian Treasures Inc. based on your failure to comply with United States and International Import and Export Control Laws, and will fully indemnify and hold Ukrainian Treasures Inc. harmless from and against any claims, losses, costs, expenses (including without limitation attorney’s fees and costs), penalties, or other damages which Ukrainian Treasures Inc. or its corporate affiliates may suffer which arise from, relate to or result from your failure to comply with Import and Export Control Laws.
More information about United States Customs Rules and Regulations might be found at www.cbp.gov
Import and Export Control Laws also include Fish and Wildlife Service regulations found at www.fws.gov
Privacy and Security
- All fees for our Services are set forth in the Fee Schedule at skladusa.com. All fees are in U.S. Dollars. Your account and all transactions are made and displayed in U.S. dollars unless otherwise specified and may be subject to exchange rates. In addition, you may be responsible for costs of Ukrainian Treasures services relating to conversion of currency.
- You hereby agree that you will not circumvent or manipulate our fee structure, the billing process, or fees owed to Ukrainian Treasures.
Where they are legally required to do so, sellers are responsible for collecting and remitting to the proper authorities any sales tax, value-added tax (VAT), and similar tax or similar government fees that are based on your sale of your product (collectively “Sales Taxes”).
Ukrainian Treasures Inc. is a fee-based trading broker and not a seller or reseller of any products in the United States. Therefore, Ukrainian Treasures Inc. shall not be responsible for your sales tax obligations.
In order to withdraw money from your SkladUSA account we require you to provide Ukrainian Treasures Inc. with a number of forms of identification as further described in our Privacy and Policies. We require this information to validate your identity and to determine how much you may withdraw from your account. You may withdraw funds by direct deposit to the bank account you have on file with us or with a deposit into a third party payment systems.
Termination of Service
You may close your account or terminate our services at any time on the SkladUSA website. Upon closure of an account, any pending transactions will be cancelled and any balances refunded to you after a final accounting. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you, assuming all withdrawal related verification requirements have been fulfilled. You may not use closure of your account as a means of evading investigation — if an investigation is pending at the time you close your account, Ukrainian Treasures Inc. may continue to hold your funds for up to 60 days, or as appropriate to protect Ukrainian Treasures Inc. against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, Ukrainian Treasures Inc. will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable laws for unclaimed property.
Ukrainian Treasures Rights
We may update inaccurate or incorrect information you provided to us, contact you electronically, by telephone, Skype, or International mail, immediately warn our company of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account’s functions, limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if: you breach this Agreement or the documents it incorporates by reference, we are unable to verify or authenticate any information you provide to us, we believe that your account or activities pose a significant fraud risk to us, or your use of your account is deemed to be in violation of Federal, State or International laws. Ukrainian Treasures Inc. reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the funds held in your account, less any appropriate adjustments for fees. Additionally, to secure your performance of this Agreement, you grant to Ukrainian Treasures Inc. a lien on and security interest in your account. In addition, you acknowledge that Ukrainian Treasures Inc. may set off against any accounts you own for any obligation you owe at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. Ukrainian Treasures Inc. may consider this Agreement as your consent to asserting its security interest or exercising its right of setoff should any law require your consent.
Conditions and Restrictions on Use
- Use of this Web Site is governed by this User Agreement.
- You agree to comply with all procedures, rules and policies established by us (and communicated electronically by us to you by way of e-mail or by posting notices on this Web Site), and all applicable federal, state, and local laws and regulations, including without limitation, the Communications Decency Act (47 U.S.C. § 223 et. seq.) and the Digital Millennium Copyright Act (17 U.S.C. § 101 et. seq.).
- You agree to use this Web Site only for lawful purposes. IF YOU USE THIS WEB SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU AGREE TO BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU USE THIS WEB SITE.
- You agree that you are responsible for obtaining access to the Web Site, including but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Web Site.
- You may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages or other material ( «User Content») that (i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; (ii) constitutes a breach of any person’s privacy or publicity rights; (iii) violates any statute, regulation or ordinance; (iv) promotes software or services that deliver unsolicited mail; or (v) promotes, encourages, or facilitates terrorism or other activities that risk United States national security.
- You may not upload, post, e-mail or otherwise transmit any User Content on or through the Web Site that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Web Site or with other users of this Web Site, (ii) is knowingly untrue, inaccurate or misleading, or (iii) interferes with the operation of the Web Site in any manner.
- You further agree that you will not:
(a) Impersonate any person or entity, including, but not limited to, a Ukrainian Treasures officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
© Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;
(d) Harvest, collect or store information about the users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
(e) Use any automated procedure to gather information or data from the Web Site by means of what is commonly called a “bot” or otherwise;
(f) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site);
(g) Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site; or
(h) Duplicate, copy or otherwise exploit the Web Site or its contents for commercial purposes.
- SkladUSA.com and Ukrainian Treasures Inc, and all related logos, products and services described in this website are either trademarks or registered trademarks of Ukrainian Treasures Inc., or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ukrainian Treasures Inc. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ukrainian Treasures and may not be copied, imitated, or used, in whole or in part, without the prior written permission.
- Nothing within this User Agreement and this Web Site shall be construed as conferring any license under the User Agreement of any of intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Web Site is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Web Site. You agree not to use any of the trademarks or service marks or other content accessible through this Web Site for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Web Site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Web Site or any software or programs used in connection with this Web Site.
- Ukrainian Treasures will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of Ukrainian Treasures materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.
YOU HEREBY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND THAT YOU AGREE AND ACCEPT ALL ITS TERMS AND CONDITIONS.