We (the folks at Eritail) are on a mission to make the world a better place. We hope you love our products and services — from digital publishing tools to ecommerce solutions to work-from-home systems to educational tools for self development to the next great idea that we haven’t even thought of yet — as much as we love creating them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.
Terms of Service
These Terms govern your access to and use of the products and services we provide through or for Eritail.com and Eritail Publishing LLC (collectively, “Services”).
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We refer to Eritail Publishing LLC and Eritail Publishing Ltd collectively as “Eritail,” “us,” or “we” throughout these Terms.
2. Your Account
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create an Eritail.com account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a story you write about your boss, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, offers, payment information, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully responsible for the Content available in your orders, and any harm resulting from that Content. It’s your responsibility to ensure that your Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
5. Fees, Payment, and Renewal
a. Eritail Fees
Fees for Paid Services — Some of our Services are offered for a fee (collectively, “Paid Services”). This section applies to any purchases of Paid Services. For more details on fees and payments, read our Payment Terms.
By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting our support team. For revenue-based fees, you pay us a percentage of the revenue your product or service generates. Revenue-based fees are ongoing.
Taxes — To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
Payment — You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can’t charge your primary payment method.
Automatic Renewal — By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is canceled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it’ll automatically renew and we’ll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s), cancel, or manage subscriptions in your settings or by contacting the support team.
Fees and Changes — We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
Refunds — We have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
We also have a “no-show policy” for some Paid Services that require your participation. This means that if you don’t show up for, don’t participate in, or are late for a scheduled session, you’ll still be charged for the Paid Service and won’t be entitled to a refund.
European Users: You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
7. Community and Marketplace
Buyers are users who purchase Services on Eritail.
Custom Offers are exclusive invoices that a Seller can request to be created in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive an invoice from a Seller.
Product Page is where the Seller can describe their Services and the terms, and the Buyer can purchase the offer and create an order.
Offers are Services offered on Eritail.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Product Page.
Sellers are users who offer and perform Services on Eritail.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Eritail. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Services on Eritail may be offered at any price as determined by the Seller.
- Buyers pay Eritail in advance to create an order (see Payment Terms).
- Orders are purchased through the Order button found on a Seller’s Product page or through a Custom Offer.
- For fees and payments please read the Payment Terms.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses based on their performance and reputation. Advanced levels provide their owners with benefits, including instant publishing of their services, access to sales stats and performance metrics.
- Users may not offer or accept payments using any method other than placing an order through Eritail.com.
- When purchasing an Offer, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Product page.
- Eritail retains the right to use all published delivered works for Eritail marketing and promotion purposes.
- Users undertake to comply with Eritail’s Payment Terms and Intellectual Property Claims guidelines, applicable to the Eritail community marketplace in addition to these Terms of Service, as updated from time to time.
- Sellers create Offers on Eritail to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Offers.
- Each Offer you sell and successfully complete, accredits your account with a revenue equal to 75% of the purchase amount.
- Eritail accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- For security concerns, Eritail may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Eritail accounts to a single withdrawal provider.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Sellers are allowed to post a select amount of active Offers based on their Level status.
- 10 Offers for Sellers without a Level status.
- 20 Offers for Level 1 Sellers.
- 30 Offers for Level 2 Sellers.
- 50 Offers for Top Rated Sellers.
- Offers created on Eritail.com are User Generated Content.
- Offers and/or users may be removed by Eritail from the Site for violations of these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Offers
- Spam, nonsense, or violent or deceptive Offers
- Offers misleading to Buyers or others
- Reselling of regulated goods
- Exceedingly low quality Offers
- Promoting Eritail and/or Eritail Offers through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Offers that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Offers that are removed for violations are not eligible to be restored or edited.
- Offers may be removed from our Search feature due to poor performance and/or user misconduct.
- Offers may include pre-approved website URLs contained within the Offer description and requirements box. Offers containing websites promoting content that violates Eritail’s Terms of Service will be removed.
- Offers are required to have an appropriate cover image related to the service offered. Sellers must deliver the same quality of service as shown on their cover images. Recurring deliveries that don’t match the quality shown on the cover images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Statements on the Product Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Offers in select Categories may request to set up Offer Packages to offer their services in structured formats with multiple price points for the selected Offer.
Eritail is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Eritail may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Eritail Sellers can gain account Levels based on their activity, performance and reputation.
- The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
Eritail Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Services provided through Custom Offers may not violate Eritail’s Terms of Service.
Shipping Physical Deliverables
Some of the services on Eritail are delivered physically (arts and crafts, collectable items, etc.). For these types of Offers, Sellers may decide to define a shipping pricing factor.
- Offers that include a shipping pricing factor must have physical deliverables sent to Buyers.
- Shipping costs added to an Offer only pertains to the cost Sellers require to ship physical items to Buyers.
- Important: Buyers who purchase Offers that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- Eritail does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- A tracking number is a great way to avoid disputes related to shipping. We require providing the tracking number if available when delivering your work.
- You may not offer direct payments to Sellers using payment systems outside of the Eritail platform.
- Eritail retains the right to use all publicly published delivered works for Eritail marketing and promotional purposes.
- Please refer to the Payment Terms for making Payments through the Eritail platform and to learn about fees and taxes.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
- You may not offer Sellers to pay, or make payment using any method other than through the Eritail.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- Once payment is confirmed, your order will be created and given a unique Eritail order number.
- Sellers must deliver completed files and/or proof of work according to the service that was purchased and advertised on their Offer.
- An Order is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 14 days after the Order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Eritail’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
- Buyers may purchase a Subscription, if available on the Seller’s Product page. During the Subscription term, a new Order of the same Offer will be automatically created on a recurring basis, as agreed between the Seller and Buyer. By purchasing a Subscription, you authorize us to automatically charge you for each Order under the Subscription from your Eritail Balance or saved payment method, as applicable. If you do not have any Eritail Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Subscription will be cancelled. Buyer may also cancel future Orders under the Subscription before payment is made for such future Orders. Once payment is made, Eritail’s Order Cancellation policy under the Payments Terms will apply. Please note that Sellers can cancel future Orders under the Subscription 10 days prior to the next consecutive Order.
- Certain Offers that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that Eritail does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Eritail has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Eritail’s Terms of Service remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
- When a Buyer orders a Service, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Offers. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work link (located on the Seller page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Eritail will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may request for revisions after an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Product page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Product reviews provided by Buyers are an essential part of Eritail’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Eritail platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Eritail platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Product page.
- Withholding the delivery of services, files, or information required to complete the offered service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has fourteen days to respond. If no response is provided within the response period, the Order will be considered completed.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Responding to a review: Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s Product page, beneath the Buyer’s feedback.
User Conduct and Protection
Eritail enables people around the world to create, share, sell and purchase nearly any virtual service they need at an unbeatable value. Services offered on Eritail reflect the diversity of an expanding publishing community. Members of the Eritail community communicate and engage through orders, social media, and on Eritail’s Community Forums.
Eritail maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Eritail. This section relates to the expected conduct users should adhere to while interacting with each other on Eritail platforms.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Eritail in order to circumvent or abuse the Eritail platform or messaging system is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Eritail platform.
- Eritail does not provide any guarantee of the level of service offered to Buyers.
- Eritail does not provide protection for users who interact outside of the Eritail platform.
- All information and file exchanges must be performed exclusively on Eritail’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Eritail is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Eritail to contract, engage with, or pay outside of Eritail.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews, cancelling orders, or any such actions that do not align with our Order Cancellation or Feedback policies.
- Users may report Offers to Customer Support that may be in violation of Eritail’s Terms of Service based on the reported Offer’s replicated similarity to pre-existing services (copycat Offers).
- Sellers warrant that any content included in their Offers shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Offers, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Offers.
- Eritail will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography — Eritail does not allow any exchange of adult-oriented or pornographic materials and services.
Inappropriate Behavior & Language — Communication on Eritail should be friendly, constructive, and professional. Eritail condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam — Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Offers or orders.
Privacy & Identity — You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Eritail will not be protected by our Terms of Service.
Authentic Eritail Profile — You may not create a false identity on Eritail, misrepresent your identity, create an Eritail profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Eritail reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims — Eritail will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use — You may not use Eritail for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts — To prevent fraud and abuse, users are limited to one active Eritail account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Eritail community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Eritail’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse — We do not tolerate users who engage in targeted abuse or harassment towards other users on Eritail. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts — You may not buy or sell Eritail accounts.
Except for the limited right to use the Site according to these Terms of Service, Eritail owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not copy or reproduce any of the information without the Buyer’s permission.
- Eritail reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or Services.
- Violation of Eritail’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Eritail.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled by contacting Eritail Customer Support.
- Eritail may make changes to its Terms of Service from time to time. When these changes are made, Eritail will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Eritail after the date on which the Terms of Service have changed, Eritail will treat your use as acceptance of the updated Terms of Service.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Eritail by our users (Buyers and Sellers) is User Generated Content. Eritail does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Eritail platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Eritail is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Offers or otherwise). We provide no warranty with respect to the Offers, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Eritail. Sellers advertising online their Offer must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Offer, and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing an Offer on Eritail (excluding all prior existing or copyright works), unless clearly stated otherwise on the Seller’s Product page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Offer, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Offers (including for custom created work) charge additional payments for a Commercial Use License. This means that if you purchase the Offer for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License and will have broader rights that cover your business use.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Eritail, including Offer texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Eritail for no consideration for marketing and/or other purposes.
8. General Representation and Warranty
Our mission is to make the world a better place, and our Services are designed to give you control and ownership over your books and creative works. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Eritail or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
9. Copyright Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.
10. Intellectual Property
The Agreement doesn’t transfer any Eritail or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Eritail and you) solely with Eritail. Eritail trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Eritail (or Eritail’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Eritail or third-party trademarks.
11. Third-Party Services
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like themes, extensions, plugins, blocks, or point-of-sale terminals) provided or manufactured by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
- Third-Party Services aren’t vetted, endorsed, or controlled by Eritail.
- Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Change Log” or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Eritail policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Eritail and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Eritail, nor its suppliers and licensors, makes any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Missouri, U.S.A., and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Missouri, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
16. Limitation of Liability
In no event will Eritail, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Eritail under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Eritail shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Eritail isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Eritail, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, publish, and any ecommerce activities conducted through our website.
18. US Economic Sanctions
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Eritail to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Eritail and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Eritail may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.