Terms of Use – Indie Sellers Guild

Welcome to the Indie Sellers Guild, (“ISG”, “We”, “Us”, “Our”), a website based platform that provides content, tutorials, articles, a directory and a community (“Services” or “ISG Services”), provided by Our website located at https://indiesellersguild.org. (“Site”).

Please read this document carefully because these Terms of Use (“Terms” or “Agreement”), along with Our Privacy Policy (“Policy”), incorporated herein by reference (collectively referred to as “Entire Agreement”), describe the legally binding agreement between You and/or Your Company (referred to hereinafter as, “You”,” or “User,” or “Your”) and Us. These Terms have been developed by ISG to describe the terms of Your use of the ISG Services as they apply to You.

We take Your privacy very seriously, so please review Our Policy located at: https://indiesellersguild.org/privacy-policy/ Our Policy outlines how it is that We intend on using any of Your data acquired and/or content submitted, including without limitation, user information, log-in credentials, navigational, financial and/or sensitive information, feedback and comments, and census data (“Data”) acquired, stored and/or maintained through Your use of the ISG Services. The Policy governs Our data collection, processing and usage practices. It also describes Your choices and rights regarding use, access and correction of Your personal information.

If You do not agree with the data practices described in the Privacy Policy, You shall not use the ISG Services. Similarly, if You do not agree to these Terms of Use, You shall not use the ISG Services.

If You are using the ISG Service on behalf of an individual or authorized legal entity other than Yourself, You represent that You are authorized by such individual or entity to act on such individual or entity’s behalf, and that such individual or entity acknowledges these Terms.

By accessing the ISG Services, You agree to comply with these Terms, and that Your visit and use of the ISG Services, and any dispute directly arising out of Your use or misuse, shall be governed by this Agreement. We may modify the terms of this Agreement (including Our Privacy Policy) at any time in Our sole discretion, by posting amended terms to this Agreement to the Site or by sending You an e-mail to the email address You provided to Us upon signing up. Your continued use of the ISG Services thereafter shall constitute immediate acceptance of all revised, modified and/or amended terms to this Agreement. However, You should review the most up-to-date version of the Agreement from time-to-time on the Site. We will notify You of any material changes, amendments or modifications to this Agreement through the Site or through other direct communication. In the event You choose not to agree and accept the new, modified or amended Agreement, You shall cease use of any and all of the ISG Services and notify Us in writing.

You agree that You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. If You are under the age of 18, You shall not use the Services without legal guardian consent. The Service is not intended for Users under the age of 13.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain services and products, and those additional terms shall become part of Your agreement with Us if You use those services and/or products. Our partners, affiliates, vendors, manufacturers, distributors, licensors and/or third party services may have additional terms of user/service, privacy policy terms, restrictions, limitations and data collection and protection practices that You should review separately and independently from this Agreement.

If You have any questions about this Terms of Use, or Your rights under this Agreement, please email Us at: [email protected]

As used in these Terms of Use, references to “ISG” includes our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes, without limitation, all parties involved in creating, producing, and delivering the Service, provided, however, certain third-party services may have their own terms which shall be disclosed to you to the extent applicable.

ISG SERVICE

The Service is Provided for General Information Purposes. Content, articles, materials, and other information provided by the Service is provided purely for general information purposes only and can never fully take into account your unique, personal circumstances and needs. Never rely upon such general information in making decisions about specific situations. You acknowledge and agree that any reliance or actions you take in violation of these Terms of Service shall be at your sole and exclusive risk and ISG shall have no responsibility or liability to you whatsoever.

TYPES OF USERS

ALLY MEMBERS. Members shall have access to additional services, features, products, materials, videos, training and resources provided by ISG and other affiliated parties (“Member Services”).
SELLER MEMBERS. Seller Members shall have access to all features provided to ally members, plus ability to vote on guild issues and inclusion in our Member Directory.
NON-MEMBERS. Membership is not required. You may access the Site and ISG Services without becoming a Member. As a non-member, you will have access to a limited set of information and functionality.

USER ACCOUNT AND USER INFORMATION

You may be required to create a user account (“User Account”) by providing Us with user information such as, email address, username, password, business location information, and other business information (“User Information”) in order to use certain ISG Services or to become a Member.

USER CONTENT AND RESTRICTIONS

Some features of the ISG Services allow You to upload content to the Site in order to provide feedback, information, updates, comments, text, images, videos, sounds, data, posts and suggestions (“User Content”). The security of any information stored on a computer CANNOT be guaranteed. For this reason if you upload any material to this site, We cannot guarantee that others will not gain access to it, even if they do not have Our permission.

You may use the Service only for lawful purposes and in accordance with these Terms. Your use of the Site is subject to all applicable laws and regulations, including standards of conduct established from time to time by us, and You are solely responsible for the contents of Your communications and User Content through the Site.

By posting information on the Site, You agree that You shall not upload, share, post, or otherwise distribute or facilitate distribution of any User Content, including text, communications, software, images, sounds, data, or other information, that:

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
Impersonates any person or entity, including any of our employees or representatives.

REMOVAL OF USER CONTENT

We take the rights of others very seriously. If You have any concerns that User Content is improper or infringing, please contact Us at [email protected] and if You would like the User Content removed, please provide Us with:

A detailed description of the objectionable content, including where it is located;
A statement that You have a good faith belief that the poster does not have permission to use the said objectionable content;
A statement that You are the owner, or exclusive agent of the owner, of the objectionable content;
Your contact information, including telephone number and physical address, and;
A signed and sworn statement, under penalty of perjury, that Your statements above are true to Your knowledge.

USE OF SITE

You may access and use Our Site on a desktop, tablet, mobile device or similar devices. However, device information, such as IP addresses and location, may be collected in order to improve Our service, analyze data and for internal business purposes only. You shall also agree and comply with the terms and privacy policies of any third party hosting service We may use, including without limitation, WordPress.

COMMUNICATION WITH YOU

In connection with Your use of ISG Services, You agree that We may send You announcements, administrative messages, referrals, images, videos, notifications, offers, promotions, affiliate information, educational material, content, updates and other important information. You may opt out of most of those communications by clicking the “manage email preferences” link at the bottom of all emails sent from Us to You. However, You may not opt-out and/or unsubscribe from emails from Us that involve material information regarding Your Account.

If you become a verified seller member, you may not opt-out and/or unsubscribe from emails from Us that ask for your vote on official guild business.

PROHIBITED ACTIVITIES

You shall not use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service. Additionally, you agree not to:

“Scrape” or disaggregate data from the Service (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose.
Use any manual process to monitor or copy any of the material provided through the Service for any other unauthorized purpose without prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.
Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the site is stored, or any server, computer or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Service.

DONATIONS AND PAYMENTS

All payments and any refunds, if applicable, shall be made through a secure third party payment gateway, such as Stripe, Apple Pay, or PayPal. (“Third Party Payment Gateway”). Please be sure to review their terms and conditions, and privacy policy, if applicable. We do not store your payment information – please refer to Our Privacy Policy for further information on payment processing and Payment Information collected. We are not liable for any issues arising from or related to Your breach of any Third Party Payment Gateway’s policies. We may, from time-to-time, change Our Third Party Payment Gateway. We are not liable for any data or security breach, or compromised personal information that is caused, directly or indirectly, by the Third Party Payment Gateway.

TERM AND TERMINATION

You may stop using ISG Services at any time and for whatever reason. We may also stop providing Services to You, or add or create new limits to ISG Services at any time, with written notification to You (“Termination”).

In the event of Termination, unless you ask us in writing via email sent to [email protected] to remove it, Your User Content may still be stored in Our servers, sites, applications, networks, systems, and may still be used for business and internal purposes. Please see Our Policy for additional information on data collection, storage and usage after Termination. You may reinstate Your Account at any time.

TRANSACTIONS

INTELLECTUAL PROPERTY AND LICENSE

Using ISG Services does not give You ownership of any intellectual property rights in ISG Services or the content You access. You shall not use content from Our Services and/or Site that You obtain without explicit written permission from Us or the rightful owner or are otherwise permitted by law. These terms do not grant You the right to use any branding, trademarks, trade dress or logos used in ISG Services without Our written permission, unless provided otherwise. You shall not remove, obscure, or alter any legal notices displayed in or along with ISG Services. All ISG content, material, and software is the intellectual property of ISG and/or its licensors, unless We have acknowledged otherwise in writing, and We hold all rights, titles, and interests in ISG Services and any works associated with ISG Services, including without limitation, all logos, source code, images, videos, data, algorithms, patents, photos, trademarks, trade dress, informational material (videos, tutorials, sound bites, audio learning, images, graphs, charts, designs, techniques, articles, blog posts, and the like) provided through ISG Services or by ISG, and any resources, marketing material, articles, domain names, user database, business methods, research methods, referral lists, databases, updates, copyright (collectively, “Intellectual Property”) that We provide You for the benefit of using ISG Services. Nothing in this Agreement or through Your use of ISG Services shall be construed to be a transfer or grant of title, ownership or rights to Our Intellectual Property, unless provided otherwise.

LICENSE TO YOU: On condition of your acceptance of these terms, we hereby grant You a limited, non-exclusive, irrevocable, non-sublicenseable, license to use the ISG Services for your own personal use. Any other use of the Services, including, but not limited to, any commercial purpose, is strictly prohibited.

LICENSE TO US. So that We can operate the ISG Services effectively, You grant Us, by submitting Your User Content, a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, introduce into circulation, publish, distribute, transfer, transmit, publicly display, publicly perform, or provide access to electronically, display, perform, enter into computer memory, and use and practice Your User Content as well as all modified and derivative works thereof in connection with ISG Services (“ User Content License”). To the extent permitted by applicable laws, You hereby covenant not to assert against Us any moral rights You may have in any of Your User Content. You agree that We may use Your User Content for marketing and promotions of ISG Services, provided We do not use Your trademarks or any personally identifiable and sensitive information without Your prior written approval. The rights You grant in the User Content License are for the purpose of operating, promoting, and improving Our Services, research and development, and to develop new, features, services and/or products. You must have the necessary rights to grant Us this User Content License for any User Content that You provide to Us, both directly and indirectly.

THIRD PARTY AFFILIATE AND CONTENT

In order to enhance Your experience, We may display and use some content and services that are not owned or operated by ISG (“Affiliate Content and Services”). This Affiliate Content and Services are solely responsible for the content and service it provides to You, and We in no way guarantee the accuracy of the Affiliate Content and Services or their compliance with their own terms of use and privacy policies. You should review any Affiliate Content and Services’ agreements to make sure You agree with their services, policies and terms. We are under no obligation to ensure that those Affiliate Content and Services work error-free, are accurate and are up-to-date. We may (but are not obligated to) review content to determine whether it is illegal or violates Our policies, and We may remove or refuse to display the Affiliate Content and Services that We reasonably believe violates Our Terms or the law.

The ISG Services may contain links to other third-party websites that are not owned or controlled by Us. Please be aware that We are not responsible for the privacy or other practices of such third party websites and/or vendors. Accordingly, We cannot and shall not be responsible for any issues, including offensive or malicious content, usability, or other problems with or related to those websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that You visit, both directly and indirectly relating to ISG Services.

DISCLAIMER OF WARRANTIES

You agree that Your use of the Service shall be at Your sole risk. to the fullest extent permitted by law, ISG disclaims all warranties, express or implied, in connection with the Service and Your use thereof. ISG makes no warranties or representations about the accuracy or completeness of the Service or the content of any sites linked to and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of Our Service, (3) any unauthorized access to or use of Our servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from Our Service, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Service by an third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. ISG does not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Service or any hyperlinked Service or feature in any banner or other advertising, and ISG will not be a party to or in any way be responsible for monitoring any transaction between You and third party providers of products or Services. as with the purchase of a product or Service through any medium or in any environment, You should use Your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

In no event shall ISG be liable to You for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of Our Service, (3) any unauthorized access to or use of Our servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from Our Service, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through Our Service by an third party, and/or (6) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not ISG is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that ISG shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.

INDEMNIFICATION

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless ISG, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use or misuse of and access to the ISG Services; (ii) Your breach, non-compliance, or violation of any terms of these terms of use or Our Privacy Policy, or applicable license agreements, by You or anyone under Your direction and control; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any actual or potential claim that Your content caused damage to a third party; (v) any act or omission of Yours or anyone under Your direction or control; (vi) Your violation or alleged violation of any law or right of any third party; and/or (vii) any loss of data or profits of any kind, for any reason. this defense and indemnification obligation will survive these terms of use and Your use of the ISG Services. In any event, we cannot compensate You for harms we could not reasonably expect from providing the ISG Services to You. If You cause harm to us or violate these terms, such as by providing inaccurate information or posting infringing content, we may defend Ourselves and require You to pay the costs of the defense or any judgment against it, or we may require You to defend us against a third-party.

Users may not involve Us or any other indemnified party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement You may have with any other user or other third party arising out of or in any way related to the ISG Services (“dispute”). If You attempt to do so You shall: (i) pay all costs and reasonable attorneys’ fees incurred in connection therewith by us, any of Our affiliates, or any of their respective employees, and You shall indemnify and hold harmless the indemnified parties from all losses incurred by any of them as a result, and (ii) the jurisdiction for any such dispute shall be limited to the jurisdiction set forth below.

EQUITABLE RELIEF

By using ISG Services, You acknowledge that damages may be an inadequate remedy if You or anyone under Your direction or control breaches or threatens to breach any Terms, and that any such breach may cause Us significant and irreparable injury and damage. Accordingly, You acknowledge that We shall be entitled, without waiving any additional rights or remedies otherwise available to it at law or in equity or by statute, to seek injunctive relief in such event without the necessity of posting a bond. YOU AND ISG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

CHOICE OF LAW

The Terms are governed in all respects by the laws of the State of Rhode Island. If You and/or we have any dispute which cannot be amicably settled, it shall be settled by submission to the State and Federal courts in Rhode Island, and You hereby consent to the exclusive personal jurisdiction of such courts (“Jurisdiction”).

SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining Terms shall be enforced, with the invalid or unenforceable provision deemed modified to the least extent necessary to make it valid and enforceable while encompassing the intent of the Terms. Any failure to act on Our part with respect to a breach of any Term does not waive our right to act with respect to a continuing, subsequent, or similar breach.

ASSIGNMENT

You may not assign or transfer Your rights under the Terms, unless provided otherwise in the License Agreements, and any attempt to the contrary shall be void and of no effect. We may transfer Our rights under this agreement in the event of a business consolidation or transfer. The Terms shall inure to the benefit of and be binding upon your and our respective successors and assigns.

NOTICE

Any notice required or given to You under the Terms may be delivered by electronic mail at the e-mail address You provide during registration. Notices required to be sent to Us shall be sent to: [email protected].

ENTIRE AGREEMENT

These Terms, together with Our Privacy Policy, constitute the complete and exclusive understanding and agreement between You and Us relating to the subject matter hereof, and supersede all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. If You have any questions or problems with anything in connection with the ISG Services, please contact Us via email at [email protected].