Welcome to Sevensmith! Sevensmith is dedicated to bringing together artisans, craftspeople, designers and consumers and we are so happy to have you. Take a look around and enjoy yourself, but please follow our “house rules”.
Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the Sevensmith Platform.
3. Our Content and Materials.
Definition of Our Content and Materials. All intellectual property in or related to the Sevensmith Platform (specifically including, but not limited to our software, the Sevensmith marks, the Sevensmith logo, and Sevensmith buttons, badges, and widgets, but excluding Your Content), is the property of Sevensmith LLC, its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
No Endorsement or Verification. Please note that the Sevensmith Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the Sevensmith Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Sevensmith Platform by anyone.
Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Sevensmith’s permission to you for your use of the Sevensmith Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Sevensmith Platform. You may view and print a reasonable number of copies of web pages located on the Sevensmith Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Sevensmith.
Ownership. You acknowledge and agree that the Sevensmith Platform and Sevensmith marks will remain the property of Sevensmith. The content, information and services made available on the Sevensmith Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the Sevensmith Platform.
4. Other Offerings on the Sevensmith Platform.
Purchase of Goods through the Sevensmith Marketplace. Sevensmith and third-party sellers offer home goods, furniture, and other products for sale on the Sevensmith Platform through the Sevensmith Marketplace. If you purchase products on the Sevensmith Platform, your purchase is subject to the Sevensmith Marketplace Terms of Sale (Section 6). The availability of products sold by third-parties within the Sevensmith Marketplace does not imply our endorsement or verification of the products or their descriptions.
Embedding Links. If you link to content on the Sevensmith Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.
Third-Party Services. You may be provided the opportunity on the Sevensmith to purchase services that are offered by third parties (collectively “Third Party Services”), including those offered by professionals registered on the Sevensmith Platform. The availability of any Third Party Services on the Sevensmith Platform does not imply our endorsement of the Third Party Services.
5. Acceptable Use Policy.
As part of Sevensmith’s Acceptable Use Policy, you agree not to use the information, services or any other part of the Sevensmith Platform to attempt to take or to take any action or actions that:
- are contrary to Sevensmith’s public image, goodwill or reputation;
- promote any illegal activity or content, including without limitation child or animal abuse, violence, illegal drug use, and underage drinking;
- infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
- transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
- restrict or inhibit any other visitor from using the Sevensmith Platform, including, without limitation, by means of “hacking” or defacing any portion of the Sevensmith Platform;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sevensmith Platform;
- remove any copyright, trademark, or other proprietary rights notices contained in the Sevensmith Platform;
- “frame” or “mirror” any part of the Sevensmith Platform without our prior written authorization;
- distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
- interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Sevensmith or its licensors or suppliers;
- interfere with the operation of the Sevensmith Platform, our provision of services to any other visitors to the Sevensmith Platform, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sevensmith Platform, overloading, “flooding”, “mailbombing” or “crashing” the Sevensmith Platform;
- involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003) or equivalent, applicable, foreign law;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Sevensmith Platform or in any way reproduce or circumvent the navigational structure or presentation of the Sevensmith Platform or its contents, authentication and security measures;
- probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
- execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sevensmith Platform’s servers or any data not intended for you;
- forge any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Sevensmith Platform;
- access data not intended for you or logging on to a Sevensmith server or account, which you are not authorized to access;
- harvest or collect information about any Sevensmith Platform visitors or members without their express consent; and/or
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence.
These prohibitions do not require Sevensmith to monitor, vet, review, police or remove any of Your Content or other information submitted by yourself or by any other user.
Violations of system or network security may result in civil or criminal liability. Sevensmith will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.
6. Sevensmith Marketplace Terms of Sale.
You may be provided the opportunity on the Sevensmith Platform to purchase products that are offered, sold or manufactured by third parties (collectively “Products”). Such Products are available for purchase directly from third-party sellers (“Sellers”), as indicated by the “sold by” field on the Product listing. If you participate in the Sevensmith Marketplace, you agree to these terms of sale:
No Endorsement or Verification. The availability of any Products on the Sevensmith Platform or in the Sevensmith Marketplace does not imply our endorsement of the Products. We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free.
Product Reviews. Product listings may contain ratings and reviews obtained from third parties. Product reviews posted by Sevensmith users are solely the opinions of the posters. None of the Product reviews contain or reflect any opinions or views of Sevensmith.
Order Acceptance and Cancellation Right. The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. We reserve the right to limit the order quantity on any item and/or to refuse service to any customer for any reason. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products on the Sevensmith Platform or through the Sevensmith Marketplace are subject to change. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Products Sold by Third Parties.
Pricing. Prices for Products sold by Sellers are set by the Seller.
Payments. Sevensmith acts as a payments processor on behalf of the Seller and does not act as your agent with respect to any payments for Products submitted via the Sevensmith Platform.
Risk of Loss. For Products purchased from Sellers, the risk of loss and title for purchased Products pass from the Seller to buyer upon delivery. Sevensmith does not transfer legal ownership of any Products from Seller to you.
Returns and Refunds. Products sold by Sellers are eligible for returns and refunds if and as indicated by the terms on the Product listing. Seller does not take title to returned Products until the Product arrives at the Seller’s correct address. The obligation to satisfy any indicated return and refund policy for a Product is between you and the Seller, and not with Sevensmith. At Seller’s discretion, a refund may be issued without requiring a return. In this situation, Seller does not take title to the refunded item.
Customer Service Limitations. While we may help facilitate the resolution of disputes through our customer service team or various programs, Sevensmith has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of Product listings, or that a seller, manufacturer or supplier will satisfactorily honor the warranty offered by that party for a specific Product. Sevensmith does not take any responsibility for delays, non delivery, or other issues caused by customs clearance. Neither Sevensmith nor any Seller will be responsible for any damage caused by installation or attempted installation of any Product by you or any third-party.
7. Review Policy.
Sevensmith may enable you to post Reviews. Reviews are considered Your Content. By posting a Review, you acknowledge and agree that:
- You are not (a) a director, employee, officer, or principal (“Interested Party”) of the business whose products or services are the subject of the Review, (b) an Interested Party of a competitor of the business or individual whose products or services are the subject of the Review; or (c) related in any way, including by blood, adoption or marriage, to the business or individual whose products or services are the subject of the Review;
- Your Review is based upon your first-hand experience with the products, or business or individual whose services, are the subject of the Review;
- Your Review is accurate, truthful and complete;
- Your Review does not violate our Acceptable Use Policy (Section 5), including through libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene content; as determined by Sevensmith in our sole and absolute discretion;
- If you have received monetary compensation or other incentive to write and submit a Review, it will be clearly and conspicuously stated in the text of your Review, even if the amount or value of such incentive is small;
- You will not use the posting or removing of your Review to demand payment from any business or individual, except that bona fide refund requests made in connection with a bad customer experience are acceptable.
8. Reporting Violations of Your Intellectual Property Rights, Sevensmith Policies, or Applicable Laws.
We have a special process for reporting violations of your intellectual property rights or other violations of Sevensmith policies or applicable laws.
Copyright and Trademark Policy. We have adopted and implemented a Copyright Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Sevensmith Platform infringes your intellectual property rights, please read our Copyright Policy.
Reports of Other Violations. If you believe content on the Sevensmith Platform violates our Acceptable Use Policy (Section 5), Prohibited Products Policy, or otherwise violates applicable law (apart from copyright or trademark violations), please contact us at [email protected].
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
9. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SEVENSMITH ENTITIES TO YOU.
THE “SEVENSMITH ENTITIES” MEANS SEVENSMITH LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE SEVENSMITH ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE SEVENSMITH ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE SEVENSMITH ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE SEVENSMITH ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE SEVENSMITH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
- NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE SEVENSMITH ENTITIES’ ENTIRE LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, WILL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SEVENSMITH IN CONNECTION WITH A PARTICULAR PURCHASE YOU MAKE FROM THE SITE WHERE SUCH PURCHASE IS DIRECTLY RELATED TO THE ACTION GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold the Sevensmith Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to Sevensmith’s Acceptable Use Policy (Section 5) and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Sevensmith Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Sevensmith Platform or other websites to which the Sevensmith Platform is linked; and/or (d) your negligent or willful misconduct.