Terms And Conditions • Multivendor MarketPlace

VENDOR TERMS OF USE

Effective: April 2023

Thank you for visiting the Glitzie platform (the “Platform”) operated by Glitzie, LLC. (referred to as “Glitzie” or “we”, “us” or “our”). By accessing, browsing and using the Platform, you (“you” or “Vendor”) acknowledge and agree to have read, understood and agreed to all of the terms and conditions outlined herein. Please therefore read these terms of use (“Terms of Use” or “Terms”) carefully before using the Platform.  If you are a Vendor and you do not agree with these Terms of Use, or if you are unwilling or unable to be bound by them, please do not use the Platform.

THE PLATFORM

The Platform (including its content and infrastructure) is provided and operated by Glitzie in order to provide consumers (“Consumers”) with the ability to browse and purchase products from a variety of Vendors. Only Vendors which have accepted these Terms will be given access to the Platform. When Vendors make a sale through the Glitzie Platform, you will be charged a transaction fee of twelve percent (12%). GLITZIE reserves the right to add or change the fees charged to sellers using the platform.

Vendors and Consumers need to create an account to access the Platform. Users must provide accurate, current and complete information during the Platform registration process and keep their account or profile up-to-date at all times. Users must maintain the confidentiality and security of their account and profile credentials and may not disclose such credentials to any third party outside its affiliates.

SERVICES

In respect of Services, the following provisions apply:

No Guarantees or Endorsements. Vendors are fully responsible for processing orders, providing offers to Consumer and managing any further interaction with Consumer. We make no guarantees, warranties or representations regarding Users, including their identity, background or conduct. Glitzie does not endorse or recommend any particular Vendor. We do not independently verify Vendor representations about products, nor validate any reviews. Neither Vendors nor Consumers are employees or agents of Glitzie nor is Glitzie an agent of a Vendor or a Consumer.

No Contracting via the Platform. Vendors are solely responsible for their pricing and offerings. Glitzie does not guarantee or warrant such pricing. Rights and obligations of the Users are governed by the terms of such agreements and by applicable laws. Glitzie is not a party to any agreement between Vendors and Consumers. All payments and applicable taxes relating to the Consumer purchases must be made by Consumer to Vendor in accordance with any other applicable terms agreed between Vendor and Consumer.

Release from Damages or Claims. Should you have a dispute with respect to any other User in relation to the Platform, you must address such dispute with the User directly. Should you escalate any issue in this respect to us, we will communicate the facts relating to your dispute to the relevant User. User hereby agrees to release Glitzie (and our officers, directors, shareholders, affiliates, employees and agents or others involved in making available the Platform) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and dealings between Users.

UPDATES TO TERMS OF USE

Glitzie reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time by posting revised Terms of Use on the Platform, and we will note near the top of this page the date that any changes are made. Changes in these Terms of Use will be effective when such change is posted. You are advised to review these Terms of Use on a regular basis. Your continued use of the Platform after any changes to these Terms of Use are posted will be considered acceptance of those changes. Glitzie may terminate, change, suspend or discontinue any aspect of the Platform, including the availability of any features of the Platform, at any time. Glitzie may also impose limits on certain features and services or restrict your access to parts or all of the Platform without notice or liability. Glitzie may terminate the authorization, rights and license given herein.

PRIVACY POLICY

Please review our privacy policy, which describes and explains our collection and use of your personal data in connection with Platform

YOUR USE OF THE PLATFORM

General
We grant you permission to use the Platform subject to the restrictions in these Terms of Use. By using the Platform, you agree: (a) that you are 18 years or older (b) a representative of a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established, and have the requisite power and authority to enter into these Terms of Use; (b) that You have the authority to bind and represent your employer organization regarding purchases or in communicating with Glitzie through the Platform; (c) to accurately furnish all contact and other information requested by Glitzie and to promptly notify Glitzie of any change in the information; (d) to not use the Platform in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (e) to not use the Platform in any manner unintended by Glitzie; (f) to not use the Platform in any manner that could harm Glitzie, its service providers, its affiliates, or any other person; and (e) to comply with any other reasonable requirements or restrictions requested or imposed by Glitzie. Your use of the Platform is at your own risk, including the risk that you might be exposed to Reviews (as defined below) that are offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. If you are using the Platform on behalf of your employer, it means you are authorized to accept the Terms of Use on your employer's behalf.

Account and Password

You must create an account to access the Platform. When you register through the Platform, you will be issued an account which will have an assigned username and password that should not be shared with others. You are responsible for maintaining the confidentiality of your username and password.

You are solely responsible for all transactions, communications, and acts or omissions that occur through the use of your username and password by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by you.

You are responsible to notify Glitzie and request deactivation of your account upon leaving the supplier organization to which it was provisioned.

Glitzie will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. If you believe that someone has used your account to access the Platform, contact us immediately.

Your use of the Platform is at your own risk, including the risk that you might be exposed to Reviews (as defined below) that are offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. If you are using the Platform on behalf of your employer, it means you are authorized to accept the Terms of Use on your employer's behalf.

Prohibited Uses
You are prohibited from using the Platform in a way that:

is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Glitzie deems in its sole discretion to be inappropriate for this the Platform;
victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
tries to gain unauthorized access to the Platform, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Platform;
dilutes or otherwise harms Glitzie brand or image in any way, including through unauthorized use of Reviews or Suggestions;
imposes an unreasonable or disproportionately large load on Glitzie’s infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or
otherwise violates these Terms of Use or any other guidelines or policies of Glitzie or posted on the Platform and any applicable laws or regulations.

USE OF THE PLATFORM CONTENT

All information and content included on the Platform are provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties, conditions or other terms of merchantability, satisfactory quality, fitness for a particular purpose, and non-infringement.

Glitzie strives to provide accurate and up-to-date material on the Platform. However, Glitzie makes no warranties, conditions, representations or other terms as to the accuracy or timeliness of the material provided through the Platform. Glitzie assumes no liability or responsibility for any errors or omissions on the Platform. The information and opinions contained on the Platform are provided by Glitzie for informational purposes only and are subject to change without notice. Nothing contained on the Platform constitutes investment, legal, tax or other advice nor is it to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision. Glitzie cannot be held responsible for any errors, any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Platform or otherwise).

REVIEWS

Consumers may leave, on the Platform, a public review (“Review”) and provide a rating (“Rating”) about the performance of products and services. The views expressed by Consumers on the Platform do not represent our views or values.

You may respond to reviews (“Responses”), subject to the following conditions. You are responsible for the content and consequences of your Responses. Your Responses cannot (i) contain material that is false, intentionally misleading, or defamatory; (ii) use any profanity or obscenities, including any "masked" vulgarity, obscenity or profanity; (iii) violate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iv) contain material that is unlawful, including hate speech, is pornographic, or exploits or otherwise harms minors; (v) contain any personally identifiable or financial information of, or other information which might be used to identify or locate, another User; (vi) contain material that is commercial in nature, including, for example, advertising, promotional or marketing materials, paid links, affiliate marketing, link spam, or any other kind of spam, phishing or unsolicited messages; or (vii) violate or advocate the violation of any law or regulation.

We do not actively monitor or edit the information Consumers or Vendors upload to the Platform but we reserve the right to remove anything you upload, in our opinion, it does not comply with the content standards set out in these Terms of Use or with applicable laws. If you wish to complain about information and materials uploaded by Consumers, please contact us as indicated below.

RIGHT TO USE PUBLIC POSTINGS AND SUGGESTIONS

Glitzie may provide you with avenues to share any ideas, suggestions or feedback that you may otherwise provide to Glitzie (“Suggestions”). By submitting a Suggestion, you hereby authorize and grant to Glitzie for the entire duration of protection of the applicable rights, the worldwide, irrevocable, non-exclusive, transferable, sub- licensable, assignable, royalty-free right and license to use, display, commercialize, reproduce, publish, modify, distribute, perform and publicly display Suggestions in whole or in part, anywhere in any and all media, including all print, digital and other communication forms that may exist now or in the future, whether alone or together or as part of any material of any kind or nature, without any compensation to you, even if we terminate your access to the Platform. Without limiting any of the foregoing, Glitzie will have the right to use, copy, display, perform, distribute, modify and re-format the Suggestions in any manner that Glitzie may determine. By submitting a Suggestion, you represent and warrant to Glitzie that you have all necessary rights in and to all Suggestions you provide and all information they contain and that such Suggestions do not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You irrevocably waive, and cause to be waived, against Glitzie and its users any claims and assertions of moral rights or attribution with respect to your Suggestions.

OTHER WEBSITES

For your convenience, Glitzie may provide links to websites belonging to other companies. Those websites are not under the control of Glitzie, do not link to these Terms of Use, and we do not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party websites. The fact that Glitzie has provided a link to such websites is not to be interpreted as an endorsement of their content. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those websites.

GLITZIE’S INTELLECTUAL PROPERTY RIGHTS

Subject to anything contrary in these Terms, all content included on the Platform, such as, but not limited to, text, graphics, logos, button icons, images, and software, is the property of Glitzie or its content suppliers and is protected by copyright, trademark or other laws. The materials posted on the Platform by Glitzie may be used solely for your own personal use or in connection with any business relationship between yourself and Glitzie and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not copy, modify or distribute or otherwise use the contents (including any translations thereof) of the Platform without the express written permission of Glitzie, other than as explicitly allowed by law. Nothing contained herein confers by implication or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Glitzie. All rights in Glitzie and its affiliates' intellectual property are reserved.

INTELLECTUAL PROPERTY RIGHT COMPLAINTS

If you believe in good faith that material posted on the Platform infringes your copyright or other of your rights, you may submit a notice to us requesting that the material be removed.

Please include the following information: (a) a description of the material that is claimed to have been infringed upon; (b) a description of the material that is claimed to be infringing, and where such material is located on the Platform; (c) your name, address, telephone number and e-mail address.

Such notices under this section should be sent to:

Glitzie, LLC

2338 Yadkin Avenue #303

Charlotte, NC 28205

Attn: Legal

REPORTING VIOLATIONS

If you see something on the Platform that you believe violates these Terms of Use, you may report it to us by contacting us via the “Contact Us” section below. We do not guarantee that reporting a piece of content will result in its removal from the Platform.

APPLICABLE LAW AND DISPUTES

Any dispute arising out of your use of this the Platform or material from this the Platform or the Terms shall be resolved according to the laws of State of North Carolina, without giving effect to that state's principles of conflicts of laws. All disputes under or arising in connection with these Terms and use of the Platform or material from this the Platform shall be resolved in accordance with the following procedures: each party shall designate a representative with authority to settle the dispute, and such persons shall meet as soon as possible to attempt to resolve the dispute in good faith; (ii) if these individuals cannot resolve the dispute within ten (10) business days of their first settlement meeting, if the parties so agree, they may submit the dispute to mediation; and (iii) any dispute not resolved by mediation within thirty (30) business days of submission of the dispute to mediation, or if either party shall refuse to submit the dispute to mediation, either party may commence an action in a court of competent jurisdiction.

TERMINATION

Glitzie may terminate your access to The Platform at any time and for any or no reason. You shall have no recourse and Glitzie shall have no liability as a result of any such termination. Notwithstanding anything to the contrary above, in the event of any termination of these Terms of Use or your access to The Platform, all provisions of these Terms of Use relating to license rights, warranties, confidentiality or privacy obligations, proprietary rights, limitation of liability and indemnification obligations shall continue in full force and effect, including Glitzie’s right to use your Public Postings and Suggestions.

LIMITATION OF LIABILITY

Your use of the Platform and material from the Platform is at your own risk. The Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

Glitzie assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Platform or any materials provided on the Platform. To the extent permitted by law, NEITHER GLITZIE, ITS AFFILIATES, AGENTS, EMPLOYEES, CONTRACTORS NOR ANY OTHERS INVOLVED IN MAKING AVAILABLE THE PLATFORM WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES RESULTING FROM LOST PROFITS (WHETHER DIRECT OR INDIRECT), LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE PLATFORM, EVEN IF GLITZIE, ITS AFFILIATES, AGENTS, EMPLOYEES,ITS CONTRACTORS OR ANY OTHERS INVOLVED IN MAKING AVAILABLE THE PLATFORM ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY).

INDEMNITY

You hereby release, discharge and agree to indemnify, defend, and hold Glitzie, its affiliates and agents harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Platform; (ii) your violation of the Terms of Use; (iii) any unauthorized use of your Public Postings or Suggestions by third parties once the Suggestion or Public Posting has been publicly disseminated; and/or (iv) the infringement by you of any intellectual property or other right of any person or entity. You agree not to settle any such matter without the prior written consent of Glitzie. Glitzie will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

INVALIDITY

If any provision of these terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms.

CONTACT US

Any questions regarding these Terms of Use should be emailed to info@glitzie.store.

HOUSE RULES AND SELLER GUIDELINES

What can be sold on GLITZIE

GLITZIE is a unique marketplace. Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on GLITZIE must be related to the art of dance – Dancewear, Shoes, and Accessories.

Products listed for sale must be in new, unworn condition. New items are items that are made and/or designed by you, the seller, and have not been worn or altered in any way from the original. Items can only be listed for sale by the original designer or manufacturer. Private parties may not list items on GLITZIE.

The following are special exceptions:

Sample competition clothing that is in like-new condition, is clean, and inspected to meet the standards of your brand.
Sponsored competition clothing that has been worn fewer than 3 times and is in like-new condition, is clean, and inspected to meet the standards of your brand.
Pre-owned competition clothing that has been worn fewer than 3 times and is in like-new condition, is clean, and inspected to meet the standards of your brand.

You agree that you are using your own photographs or video content —not stock photos, artistic renderings, or photos used by other sellers or sites. If you are selling personalized or made-to-order items you agree that:

All listings are available for purchase at a set price.
Use of GLITZIE measurement forms is at your own risk. GLITZIE bears no responsibility for the accuracy or completeness of measurement data collected through our website.

What Can't be Sold on GLITZIE

All listings must offer an item for sale. You may not create a GLITZIE listing for the purpose of sharing a referral code, posting a want ad, or similar activity that does not offer a physical or digital item for sale.

Reselling is not allowed on GLITZIE. Reselling refers to listing an item when you were not involved in designing or making that item.

Keep in mind that members or, in some cases third parties, may flag listings that appear to violate our policies for GLITZIE's review. GLITZIE may remove any listings that violate our policies. Note that subscription and listing fees are non-refundable. GLITZIE may also suspend or terminate your account for any violations. You’ll still be responsible for paying any outstanding fees on your GLITZIE statement.

Managing your GLITZIE Shop

Your shop represents you and your business to the GLITZIE community. It’s important that you, your items and your shop are honestly and accurately represented.

By selling on GLITZIE, you agree that you will:

Provide honest, accurate information to GLITZIE and in your About section.
Honor your Shop Policies.
Ensure your shop content, such as any text, photos or videos used to represent yourself, your shop or your listings, abide by GLITZIE’s policies, including our Anti-Discrimination Policy.
Accurately represent your items in listings and listing photos.
Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to GLITZIE.
Not engage in fee avoidance. Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by GLITZIE. This includes, for example, encouraging buyers to purchase an item in your GLITZIE shop through another venue. A transaction initiated on GLITZIE may not be completed off of GLITZIE. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item's price after a sale for the purpose of avoiding GLITZIE transaction fees, misrepresent the item’s location, or use another user's account without permission.
Not create duplicate shops or take any other action (such as manipulating clicks, carts or sales) for the purpose of shilling, manipulating search or circumventing GLITZIE's policies.
Not coordinate pricing with other sellers.

By selling on GLITZIE, you agree to:

Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.
Respond to Messages in a timely manner.
Honor the commitments you make in your shop policies.
Resolve disagreements or order issues directly with the buyer. In the unlikely event that you can’t reach a resolution.
If you are unable to complete an order, you must notify the buyer and cancel the order.

Communication Standards

With GLITZIE's "Messages", you have the ability to communicate directly with your buyers. Messages are a great way for buyers to ask you questions about an item or an order.

Messages may not be used for the following activities:

Sending unsolicited advertising or promotions, requests for donations, or spam;
Harassing or abusing another member
Contacting someone after they have explicitly asked you not to; or
Interfering with a transaction or the business of another seller.
Exchanging personal contact, financial or other information for the purposes of evading the checkout process on GLITZIE, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.

Interference

Interference occurs when a seller intentionally interferes with another seller’s shop in order to drive away their business. Interference is strictly prohibited on GLITZIE. Examples of interference include:

Contacting another member via Messages to warn them away from a particular member, shop, or item;
Posting in public areas to demonstrate or discuss a dispute with another member;
Purchasing from a seller for the sole purpose of leaving a negative review;
Maliciously clicking on a competitor's ads in order to drain that member's advertising budget, also known as "click fraud."
Creating or using an independent buyer account to maliciously upvote another shop’s negative reviews in order to position those reviews more prominently.

Harassment and Discrimination

Any use of Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred.

CONTACT US

Any questions regarding these Terms of Use should be emailed to info@glitzie.store.