By 'Content', we include but are not limited to the Plazko.com metadata, logos, branding, in-house generated product images, in-house generated marketing text, programming hidden text; Seller-provided product images, Seller-provided product information; and Buyer reviews and usernames.
By 'Buyer', we mean anyone using our sites to browse or purchase physical goods, services, media content, or any other commercial offering.
By 'Seller', we mean anyone who is a third-party seller who has created a sales account 'Shop' on Plazko.com Marketplace.
By 'Plazko.com', we mean Plazko.com, the Plazko.com Marketplace, and any subsidiaries and affiliates of Plazko.com. We also refer to Plazko.com as 'we' and 'us', to help you better understand our contract.
By 'Terms', we mean this document and the other legal documents we reference below.
By 'Services' we mean outside Sellers' ability to create and maintain Shops and other accounts on Plazko.com and/or the Plazko.com Marketplace, buy and sell on the Plazko.com Marketplace, our ability to make those options available, and the general public's ability to browse our sites. Our Terms are a legally binding contract between you and Plazko.com. This contract details your rights and responsibilities when you use our Services (which can include use of our website, mobile apps, and other platforms), so please read this whole document carefully, and all the way through! BY USING THE PLAZKO.COM SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH PLAZKO.COM THROUGH BINDING ARBITRATION, NOT IN COURT. NOTWITHSTANDING CERTAIN EXCEPTIONS, YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS.
B. Don't steal our code. At Plazko.com, we're very proud of the adaptive, muscular websites and supporting code we have developed from the ground up. To protect our proprietary systems, you agree to not steal, crawl, scrape, spider, or otherwise try to reverse engineer or obtain our source code. If you want to use our API, please read and follow our API Guidelines.
C. Don't trash our systems. You agree to not interfere with or disrupt our Services, including but not limited to distributing viruses or other harmful computer code, launching denial-of-service attacks, or troll-commenting on members' Shops in order to harass, intimidate, or libel them.
D. Follow the Plazko.com Trademark Policies. These include the names of Plazko.com or any future site(s) we develop as part of our Services, and the representations of our logos, trademarks, service marks, trade dress, and other marketing devices of Plazko.com. We welcome licensed responsible use of those properties. To learn more, please read our Trademark Policies.
E. Please share your ideas. Plazko.com welcomes your suggestions and ideas for helping improve your experience on our site(s). Any unsolicited ideas or other materials you submit to Plazko.com (not including the actual items you as a Seller might offer through our Services) will be considered non-proprietary and non-confidential to you. By sending us such material, you grant us the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish for any purpose, without compensation to you.
F. Please talk to us online. We will provide you with certain legal information in writing. By using our Services, you agree to abide by our Electronic Communication Policy, which details how we will provide that information. As an online company we prefer to send you information via email, text message, and other electronic forms of communication (much less paper waste!). Your electronic agreement will be considered the same as your paper signature.
To make a purchase on Plazko.com or the Plazko.com Marketplace, you must register for an account. It's free to register, and we make it as easy as we can! You must be at least 18 years old, or of legal age, or have parental or guardian's permission to enter into contract. We limit one account per Buyer. Be aware of the following points, as they may pertain to how you use your Plazko.com account. Go here for full registration details.
A. You agree that all of your registration information will be accurate, true, and complete, and you will keep that information up-to-date. You may not use false information, pseudonyms*, or impersonate another person or company in setting up or running your account.
*We understand that many individuals buy, sell, and create goods and services under artist's names, pen names, or other pseudonyms in order to shield or safely express their true identities. All that we ask is that you help us verify you are who you say you are, and we will protect your identity as we would your other personal information.
B. You agree to protect your Plazko.com username and password, keep your password confidential, and change your password as quickly as possible if you suspect it has been compromised.
C. You agree to only access Plazko.com, the Plazko.com Marketplace, and our other site(s) from devices with current and effective operating systems and security software.
E. You are responsible for all actions and operations involving your account.
F. By registering an account on Plazko.com or the Plazko.com Marketplace, you agree:
Regarding the separation of Plazko.com from the Plazko.com Marketplace (and other future Plazko sites and venues):
A. Plazko.com offers a selection of fine products and/or services
These items will be available for purchase directly through our online portal at Plazko.com, and payment directly to Plazko.com via accepted credit cards and online payment services. Plazko.com has its own Payment Policies and Returns and Refunds.
Pricing errors, out-of-stock, materials availability and quality, and other issues can occasionally cause an order to be delayed or canceled. Plazko.com will work with the Marketplace Sellers to help ensure that such incidents are handled promptly and fairly.
B. Plazko.com Marketplace
These Sellers operate separate venues called 'Shops' through our online portal, allowing Buyers to discover, research, and enter into transactions around the world. 'Specialty Shops' can include but are not limited to one-of-kind or limited edition artisan-made products; expertly curated collectible and vintage boutique items, and custom items. By shopping on Plazko.com Marketplace, you understand and agree that:
C. Marketplace Policies
D. Returns and Refunds
While Plazko.com will make every effort to provide return and refund services for sales on both Plazko.com and the Plazko.com Marketplace, we reserve the right to deny such to buyers who generate excessive or abusive returns or attempted returns. Those actions may void Plazko.com's collective Returns and Refunds, any guarantees as applied to future orders on Plazko.com site(s), or even account membership on Plazko.com, Plazko.com Marketplace, and other affiliated site(s).
Returns and Refunds, Guidelines, and Exceptions:
Occurs when a Buyer places an order and submits payment, but the order is not delivered. This includes but is not limited to the following:
Items are Not as Described if they are materially and substantially different from the Seller’s listing description or photos. Some Not-as-Described cases can be:
Not-as-Described cases may also be filed for late delivery under certain guidelines. In order to qualify as a Late Delivery, the Buyer must provide proof that all of these conditions have been met:
E. Leaving Reviews of Items
For clarity, review opportunities will be offered in three main categories: Seller, Product, and Shipping Carrier.
Reviews help other Buyers learn about a Shop’s items and reputation, help Buyers find the shipping carrier best for their needs, and help responsible Sellers build a good reputation.
Note: Plazko.com does not allow paid third-party reviews or in-kind reimbursement for product or service reviews. That means Sellers can't pay to get glowing reviews of their product or service from workers at online platforms such as Fiverr or Craigslist. If this sounds harsh, be aware that paid and often false reviews are a multimillion-dollar problem in online sales. False reviews distort sales figures, rankings, and customer confidence, resulting in an uneven playing field for genuine Sellers.
If someone gave you a free product or service listed on Plazko.com or Plazko.com Marketplace, in return for a good review, you may not leave that review on the Plazko.com site(s). Should the latter situation occur and you genuinely want to review a free product or service, we encourage you to review that item on a third-party site such as your personal blog, website, Twitter, Pinterest, Facebook, or other online account...and we'd be honored if you included that item's Plazko.com buy link or Seller's Shop link on Plazko.com Marketplace.
The sole exception to this policy concerns products offered as prizes, bonuses, giveaways, or other promotions by Plazko.com or Plazko.com Marketplace, in which cases reviews are welcomed on the Plazko.com site(s).
By leaving a review, you acknowledge that:
Your review will be publicly displayed on Plazko.com's or the Plazko.com Marketplace Seller's listing and review pages.
Your review must conform to some basic guidelines. These include:
Plazko.com does not allow extortion, blackmail, or any other kind of intimidation designed to manipulate Buyer reviews or Seller actions. Examples of extortion can include but are not limited to the following:
Shilling and sock-puppets are not allowed on Plazko.com.
As noted above, Plazko.com does not allow shilling by sock puppet accounts, false sales created by fraudulent means, third-party reviews paid for by the Seller, or other attempts to manipulate our review system.
3. Accuracy, timeliness, and completeness of Information on Plazko.com, the Plazko.com Marketplace, or our other sites
Our online sites contain third-party information from Sellers, suppliers, and other providers. While Plazko.com makes every effort to be accurate, we cannot guarantee any aspect of a Seller's or supplier's product information including without limitation: product descriptions, images, materials, and specifications. The data provided by those Sellers and suppliers is for information purposes only, and may be inaccurate, out of date, incomplete, mis-categorized, or unhelpful; it may differ from information included on actual product packaging, inserts, or materials.
A. If you purchase a product that is not as described, your sole remedy against Plazko.com, the Plazko.com Marketplace, or Sellers is to return it and/or request a refund in accordance with Plazko.com'sReturns/Refunds Policies.
B. We appreciate feedback, and welcome customer alerts as to the aforementioned errors and situations.
4. Restrictions on Access and Use
While accessing the Plazko.com site(s), you agree:
B. Not to engage in conduct that is fraudulent, unlawful, or otherwise harmful to Plazko.com, our Marketplace, our partners, subsidiaries, employees, or affiliates.
C. Not to display to others, mirror, frame, or reprint the Plazko.com site(s) or any component thereof, without express permission from Plazko.com.
D. Not to access the Plazko.com site(s) if we have terminated your accounts and/or otherwise prohibited you from such access.
F. Not to collect and/or use and/or sell the private information of Plazko.com principals, employees, partners, subsidiaries, or affiliates including but not limited to our Sellers, Buyers., and/or Suppliers.
G. Not to use the Plazko.com site(s) to determine information about a third-party's account, their personal information, or other data you do not have the legal right to access.
H. Not to use the Plazko.com logos, branding, metadata, hidden text, or other information in order to impersonate Plazko.com's principals, employees, partners, subsidiaries, or affiliates including but not limited to our Sellers and Buyers.
I. Not to send any unsolicited and/or unauthorized advertising, promotional information, email, junk mail, spam, chain letters, or other form of solicitation through the use of your Plazko.com account to other Plazko.com accounts.
K. Use our Plazko.com Messaging System to contact Buyers, Sellers, or Plazko.com with any questions, comments, reviews, or other shop-related communication. This helps us keep track of that information, to better serve you!
A. If you decide to leave Plazko.com and/or the Plazko.com Marketplace.
B. We terminate your account.
By agreeing with Article 5A and 5B above, you acknowledge that certain parts of your Content, including but not limited to your reviews and usernames, may remain property of Plazko.com, and may be used by Plazko.com in marketing and promotional efforts without compensation to you.
C. Whether the choice to leave is yours or ours, please understand that you may lose important information associated with your account, so we recommend you regularly create offsite backups and/or product spreadsheets to preserve this historical buying description data.
D. Survival of Terms. These terms will remain in effect even after termination of your access to Plazko.com's platforms, sites, and Services, regardless of whether the termination was your decision or ours.
6. Notice of Copyright Infringement
B. Plazko.com reserves the right, at its sole discretion, to remove content uploaded by Buyers, Sellers, or other third parties that is determined to infringe upon intellectual property rights and other copyright claims under the Digital Millennium Copyright Act, 17 U.S. Code § 512.
If you believe that your copyright, or the copyright of a person on whose behalf you are legally authorized to act, has been infringed, please contact Plazko.com with a written notice containing the following information:
C. You may submit your written notice containing the above information by posted, tracked mail to the following Designated Agent of Plazko.com:
7. Warranties, Agreements, and Limitations of Liability against Plazko.com, the Plazko.com Marketplace, and its other sites and Sellers
At Plazko.com we are always trying to improve our platforms and Services, but we're human and imperfect. We might make mistakes, or our systems might suffer glitches in our ongoing development. We'll do our best to fix the problem. But our Services are promoted and sold 'As-is', without express or implied warranties. You use our Services at your own risk and reward.
THE PLAZKO.COM AND Plazko.com Marketplace SITE AND ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS. PLAZKO.COM DOES NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
A. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
B. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
C. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF FIXED PRICE SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
D. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
E. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PLAZKO.COM, PLAZKO.COM MARKETPLACE, OR AFFILIATES.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLAZKO.COM AND PLAZKO.COM MARKETPLACE DISCLAIM ANY AND ALL SUCH WARRANTIES.
F. BECAUSE PLAZKO.COM, OR PLAZKO.COM MARKETPLACE ARE NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE PLAZKO.COM, PLAZKO.COM MARKETPLACE (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
In general language, all that legally necessary stuff means the following:
K. If you have a subpoena to serve on Plazko.com, please note that Plazko.com does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Plazko.com, preferably by mailing the subpoena to:
8. Indemnification and other Legal Actions
If Plazko.com and/or the Plazko.com Marketplace is sued because of something you did, you agree to defend and indemnify us.
9. Disputes between members or with third parties
10. Disputes with Plazko.com, the Plazko.com Marketplace, our affiliated site(s), agents, or employees
Please let us know if you have a problem with our Services; your continued goodwill and participation help us be a better company! If we can't come to a resolution or compromise, these are the guidelines we'll follow.
A. Jurisdiction: The Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules; and by the laws of the United States of America. These laws are applicable to Plazko.com and this dispute, no matter where in the world you live.
B. Arbitration: By agreeing to these Terms and Conditions, you agree as well that any unresolved disputes arising from or related to these Terms shall be ultimately and finally settled by arbitration, using the English language, administered by the American Arbitration Association (henceforth referred to as the 'AAA'), under those Commercial Arbitration Rules then in effect (such rules being incorporated by reference into this section). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award (if any) and may be entered in any court with jurisdiction. Arbitration will occur on an individual basis, as class arbitrations and class actions will not be permitted. You understand that by agreeing to these terms, you and Plazko.com waive their rights to trial by jury or to participate in a larger class action. Pending a final decision by the arbitrator and notwithstanding the foregoing arbitration, each party will have the right to bring a court action in the proper jurisdiction, for injuctive, equitable, or other conservatory relief.
C. In cases where US or State of AZ government agents or entities use Plazko.com or the Plazko.com Marketplace in their official capacity in course of job duties or extraordinary circumstances, the laws applicable will be first Federal, and then by permission of Federal law, the State laws of Arizona.
11. Changes to our Terms and Conditions
From time to time, and to better serve our clients and members, we may change these Terms. We will endeavor to inform you of all pertinent material changes, but may not be able to reach all members. We will post all major changes on Plazko.com.
12. Durability of Terms and Conditions
Should one part of our Terms and Conditions be found to be unenforceable, the remaining items will remain in full force and effect. Plazko.com's failure to address or enforce any part of these Terms does not constitute a negation of those Terms, and is not a waiver of our right to later enforce them in part or in full. At our discretion we may assign any of our rights and obligations under the Terms.
13. Now that the scary legalese is out of the way...
Please know that we welcome your questions about our Terms and Services. Feel free to contact us at email address.