THESE TERMS AND CONDITIONS ARE SPLIT INTO THREE SECTIONS:

1. TERMS AND CONDITIONS FOR ALL USERS
2. TERMS AND CONDITIONS FOR BUYERS
3. TERMS AND CONDITIONS FOR SELLERS

SECTION 1: TERMS AND CONDITIONS FOR ALL USERS

Please read these terms and conditions carefully, as by accessing this site you are agreeing to abide by the all of the conditions set out below. www.Brightonpod.com (hereinafter referred to as "Brighton POD" or "our" or "the site" or "us" or "we") reserves the right to modify, alter or update these terms and conditions at any time and you agree to be bound by such modifications, alterations and updates. If you do not agree to these terms and conditions, please discontinue using this website immediately.

You must not use Brighton POD for any illegal, unauthorized or immoral purpose. All users shall act in accordance with international and local laws. Where there is a conflict in the interpretation of international and local laws, the choice of applicable laws shall be at the sole discretion of Brighton POD.

You must be 18 years or older to use Brighton POD. If you are less than 18 years old, you may only use this site with the involvement of a parent or legal guardian.

You are solely responsible for your conduct and activities when you use Brighton POD including, but not limited to any text, usernames, artwork, images, graphics, photographs, data or art.

You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

Brighton POD does not tolerate the sending unsolicited commercial email (or spam)

You must not abuse, harass, threaten, impersonate or intimidate other users of Brighton POD

Falsifying or omitting contact information including, but not limited to your name, address, telephone number and/or availability of stocks when joining Brighton POD is not permitted.

Offers to buy or sell items listed on Brighton POD outside of the site are not permitted. Offers of this nature circumvent Brighton POD's fees and are a potential fraud risk for both Buyers and Sellers.

Brighton POD disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Brighton POD makes no warranty that:

1. The service at Brighton POD will meet your requirements.
2. The service at Brighton POD will be uninterrupted, timely, secure, or error-free.
3. The results that may be obtained from the use of the service at Brighton POD will be accurate or reliable.
4. The quality of any products, services, information, or other material purchased or obtained by you through the service at Brighton POD will meet your expectations.
5. Any errors in the software used at Brighton POD will be corrected.
6. Any material downloaded or otherwise obtained through the use of the service on Brighton POD is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

You understand that all information on Brighton POD ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Brighton POD, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Brighton POD does not control the Content posted via our site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Brighton POD be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service at Brighton POD.

You agree to indemnify and hold Brighton POD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the services at Brighton POD, your use of the service at Brighton POD, your connection to Brighton POD, your violation of the terms of these conditions, or your violation of any rights of another.

Neither Brighton POD nor its affiliated or related entities or its business partners or content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from (a) any information or opinions provided on Brighton POD’s site or from the use of, or the inability to use any materials on Brighton POD, or (b) any defamatory, offensive or illegal conduct of any user, or for any illegal tampering with Brighton POD, hacker activity, computer crime, or theft of your personal information. If you are dissatisfied with the Brighton POD site or any materials on the site, or with any of the other service providers including but not limited to the Sellers, or with these terms and conditions, your sole and exclusive remedy is to discontinue using Brighton POD.

INTELLECTUAL PROPERTY

All materials on Brighton POD, including all images and illustrations are protected by copyrights which are owned either by Brighton POD or an affiliated entity, or by third parties or other users who have either expressly or impliedly licensed their material to Brighton POD for use on the site. All materials on Brighton POD, regardless or form or content, may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the said materials or use of the said materials in any form or manner or for any purpose is a violation of the copyrights and other property rights held by Brighton POD or affiliated companies, or by third parties or other users who have either expressly or impliedly licensed their material to Brighton POD for use on the site.

NON WAIVER OF RIGHTS

The failure of Brighton POD to exercise or enforce any right or provision of the terms and conditions against any user shall not constitute a waiver of such right or provision. If any provision of the terms and conditions is found by a court of competent jurisdiction to be invalid or illegal, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect. You agree that regardless of any limitation laws or statute in any jurisdiction to the contrary, any claim or cause of action arising out of or related to use of the services of Brighton POD or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

TERMINATION OF ACCOUNT

You agree that Brighton POD in its sole discretion and without limiting other remedies, may terminate your password, account (or any part thereof) or use of any of the services on Brighton POD, and remove and discard any Content within Brighton POD, for any reason, including, without limitation, for lack of use or if Brighton POD believes that you have violated or acted inconsistently with the terms of these terms and conditions.

TERMINATION OF SERVICES

Brighton POD may also in its sole discretion and at any time discontinue providing any of the services on Brighton POD, or any part thereof, with or without notice. You agree that any termination of your access to the services on Brighton POD under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Brighton POD may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or such services. Further, you agree that Brighton POD shall not be liable to you or any third-party for any termination of your access to the services on Brighton POD.

DISCLAIMERS

Brighton POD makes no representation or warranty of any kind, whether express or implied, including, without limitation, the implied warranty of merchantability or fitness for a particular purpose, the accuracy, value or other elements relating to the works of art and design and information found on or linked to by Brighton POD. Brighton POD disclaims all such warranties to the fullest extent permissible under applicable law.

Brighton POD takes no responsibility and gives no guarantees, warranties or representations, implied or otherwise, for the accuracy, value or other elements relating to the works of art and design and information found on or linked to by Brighton POD.

Sites linked to from our website Brighton POD may be created by people over whom Brighton POD has no control. Brighton POD cannot guarantee that sites found through Brighton POD will not contain objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by Brighton POD.

Brighton POD reserves the right, but has no obligation, to monitor activity on the site including the investigation of any violation or purported violation of its rules. During and subsequent to such investigation, Brighton POD may in its sole and absolute discretion, take any action as it deems necessary, without prejudice to all its rights to claim against any user who is in violation of any of these terms and conditions for all damage or losses sustained as a result of such violation of its rules, to compel compliance with its rules and any governing law, including restricting, limiting or denying your access to Brighton POD, causing the editing or removal of a product page, or issuing a written warning of a rules violation and requiring that such violation be timely corrected. Some examples of rules violations shall include but is not limited to the following:

1. Referring visitors to another web site to purchase listed items
2. Posting products that are unrelated to the arts industry
3. Posting material that is deemed as objectionable content
4. Rude communication with other users of Brighton POD or Brighton POD’s staff.

We do not warrant that Brighton POD, its servers, or e-mail sent from Brighton POD are free of viruses or other harmful components. Brighton POD shall not be required to prove that it had taken all necessary precautions to ensure that that Brighton POD, its servers, or e-mail sent from Brighton POD are free of viruses or other harmful components. Brighton POD will not be liable for any damages of any kind whatsoever arising from the use of the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

TERMS AND CONDITIONS FOR BUYERS

“Buyer” or “Buyers” refer to any user of Brighton POD who purchase products through Brighton POD.

All Buyers must provide true, accurate, current and complete information about yourself as prompted by the “sign up” page of the site.

All buyers must maintain and promptly update the sign up information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brighton POD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brighton POD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

All Buyers automatically enter into a legally binding contract to purchase the item from the Seller once they make a purchase. Brighton POD requires you to pay the Sellers for the items that you commit to purchase. Any failure to pay for items purchased shall remain a debt due and payable to the Seller.

You shall not interfere with another Buyer or Seller’s transaction.

You may not contact any Seller directly outside of Brighton POD and offer to purchase a listed item outside of the site. Brighton POD shall be entitled to charge you a commission of 20% of the sale price of any item purchased from a Seller listed on Brighton POD if your purchase is made outside of Brighton POD.

You are not permitted to email other Buyers or users of Brighton POD in an open or completed transaction to warn them away from a Seller or item.

Every care has been taken to ensure accuracy of description, specifications, colour and price of all products. However, these may change due to circumstances beyond the control of Brighton POD, and prices may increase or decrease. Sizes are given as a guide only. Please be aware that handmade items are subject to variations in size, colour and shape owing to the unique nature of the product.

After you have made payment, an email will be sent to the Seller alerting that an order has been placed and will include payment confirmation and delivery information. Sellers will then package and ship the item directly to you and alert you that the item has been shipped.

You are not permitted to email or contact the Seller directly. If the Seller initiates any contact outside of Brighton POD, you are to notify us immediately at info@brightonpod.com

You understand that Brighton POD has been appointed by the Seller only as an agent for collection of payment and has no involvement in the delivery process between you and the Seller.

You agree that after payment is made, Brighton POD shall be at liberty to release the payment received to the Seller with the right to retain any part of the said payment as may be agreed between Brighton POD and the Seller. Any monies retained by Brighton POD from the Buyer’s payment shall remain the property of Brighton POD and shall be non-refundable to the Buyer or any person(s) claiming through the Buyer. In the event of any dispute between Buyer and Seller, the Buyer’s only recourse is against the Seller.

If you have any problem with a transaction or the use of Brighton POD, please contact us for assistance at info@brightonpod.com

TERMS AND CONDITIONS FOR SELLERS

“Seller” or “Sellers” refer to any user of Brighton POD who uses or used the services on Brighton POD to display, promote, offer for sale and sell products.

To use the services at Brighton POD, you shall register as a User and apply for membership as a Seller with Brighton POD. Brighton POD does not allow the creation of accounts by anyone under the age of 18.

Users who wish to sell their products shall apply for membership to Brighton POD. Brighton POD shall review the products and at sole discretion to Brighton POD email login details so the seller can begin uploading products on to Brighton POD.

Brighton POD reserves the right, in its sole and absolute discretion to determine within which (product) category your product(s) shall appear under. Brighton POD further reserves the right to re-classify such placement in its sole and absolute discretion.

You are responsible for maintaining the confidentiality of the password and account and for restricting access to your computer. You agree to be fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Brighton POD of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

Brighton POD cannot and will not be liable for any loss or damage arising from your failure to comply with this.

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brighton POD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brighton POD has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You represent and warrant to Brighton POD that:

1. You own the products posted for sale on Brighton POD, you are free to sell such products, including sales on or through, or facilitated on or through a global computer network;

2. You are legally capable of selling such products and entering into and performing an agreement for the sale of such products;

3. Any description of the products posted on Brighton POD is true and accurate, and is not misleading or otherwise fraudulent;

4. The products posted on Brighton POD, and as delivered to the Buyer, are and will be free of material defect or damage, and if they are not, you will at your own expense immediately remedy the situation to the reasonable satisfaction of the Buyer;

5. The products posted on Brighton POD are safe, are not illegal or dangerous, and do not infringe upon anybody's rights of any nature (for example, registered design trademark, copyright or patent);

6. Subject to any pricing guidelines set by Brighton POD, Sellers will determine the purchase price for each of their items offered for sale on the Site; all Sellers will ensure that the purchase price offered for sale on the Site are at least as favourable to consumers as the terms of sale upon which the seller or any of its affiliates offers or sells such items through its or any of their respective online sales channels other than the Site, after taking into consideration all discounts, sales, rebates and other promotional offers or business practices.

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademarks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)

SALES

Buyers shall purchase an item listed by you by using the “Buy” function on Brighton POD. After payment is confirmed, an e-mail will be sent to the Buyer confirming payment. An email will also be sent to you alerting that an order has been placed and will include payment confirmation and delivery information. You will then package and ship the item directly to the Buyer and alert us that the item has been shipped. We will then alert the buyer that you have shipped the product.You understand that Brighton POD has no involvement in the transaction between you and the Buyer. You will be responsible to promptly and properly deliver the purchased products in accordance with the terms of the purchase.

While we do not require you to provide a tracking number when shipping orders to the Buyer, we strongly advise you to do so. By providing a tracking number, in the event a Buyer files a complaint that they never received their item or items, you will be able to verify the arrival of the shipment. If you fail to provide a tracking number, there would be no way to verify the arrival of the shipping. In that event, you will be required to either refund their money or reship the item or items.

Your use of the services on Brighton POD shall be subject to your payment of a fee of 20% of the sale of an item on Brighton POD (“sales commission”). The commission of 20% includes All postage, customs and excise duty, VAT and any other taxes associated with the sale (if applicable). it is the Seller's responsibility to determine the applicable VAT, customs and excise duties and any other taxes associated with the Sale. The price of any products sold must be displayed inclusive of any VAT and customs and excise duty associated with the sale. The sales commission is non-refundable in any case.

Brighton POD reserves the right to amend the commission percentage at any time but shall give each member a 2 week notification period as pre warning of any changes to commission. A seller has the right to cancel their account with Brighton POD at any time as long as they have fulfilled any outstanding or pending orders.

Any unpaid amount due and payable by you to Brighton POD shall remain a debt due to Brighton POD and shall remain so until it is paid by you.

PAYMENTS RECEIVED FROM BUYERS

You authorize Brighton POD to collect payments from Buyers on your behalf and to pay to itself the sales commission by deducting from the amount(s) received from the Buyer. On the last day of the month following confirmation of delivery and receipt of payment from the Buyer, Brighton POD shall pay to the Seller the amount received from the Buyer less the sales commission into the Sellers’s PayPal account. You shall open a Paypal account and be subject to all terms and condition as may be imposed by Paypal from time to time. Any charges or fees imposed by Paypal to process the payment or to maintain the Paypal account shall be borne by the Seller. Following the payment, Brighton POD shall send you a statement for the amount paid to you. If you need any clarification of the statement, please contact us at info@brightonpod.com within 7 days of receipt of the statement. If no objection to any statement is made to us after 7 days of receipt of the statement, the statement will be deemed to be correct and accepted by you.

You agree that the sales commission paid to Brighton POD by way of deduction from the Buyer’s payment for the purchase of an item from you shall remain the property of Brighton POD and is non-refundable to the Buyer or any person(s) claiming through the Buyer.

LIABILITY

Brighton POD shall not be liable to you in contract, or otherwise for any business losses, such as loss of data, profits, revenue, business opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by Brighton POD out of use of the site. In no event shall Brighton POD be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of this site, Brighton PODs services or these Terms of Conditions including without limitation lost profits, bodily injury, emotional distress or any special incidental or consequential damages. Brighton PODs liability to you or to any third parties in any circumstances is limited in any 12 month period to the greater of a) the amount of fees you have paid to Brighton POD for listing and any other services or b) £100.

PROHIBITED ACTIONS

You are not permitted to email or contact any Buyer directly outside of Brighton POD. If any Buyer initiates any contact with you outside of Brighton POD, you are to notify us immediately at info@brightonpod.com.

You are not permitted to email other Buyers or users of Brighton POD in an open or completed transaction to warn them away from any Seller or item listed on Brighton POD. If you have a problem with a transaction, contact us at info@brightonpod.com.

You must not post email addresses, postal addresses, phone/fax numbers, the address of any website or any other information that is intended to facilitate direct communication.

Offers to buy or sell items listed on Brighton POD (“listed item”) outside of Brighton POD are not permitted. Offers of this nature are a potential fraud risk for both Buyers and Sellers and circumvent Brighton POD’s fees. Any breach of this term shall entitle Brighton POD immediately and Brighton POD shall be entitled to charge you a commission of 20% of the sale price of any item listed on Brighton POD if your sale is made outside of Brighton POD. The prohibited actions include but are not limited to:

1. Using member contact information obtained from Brighton POD or using Brighton POD to offer to sell any listed item outside of Brighton POD.
2. Ending a listing early or cancelling a listing to sell to a Buyer who became aware of the item through Brighton POD.
3. Offering to sell duplicates of listed items to Buyers without going through Brighton POD.
4. Sending unsolicited (without prior permission) commercial email offers to Buyers for the same or similar products that they have purchased through Brighton POD in the past.

PRIVACY POLICY

You must abide by the privacy policy set in place for this web site as a whole. Any and all Buyer information collected on this web site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. Any information provided by the customer will be held with the utmost care and will not be used in ways that the customer has not consented to. To read our full privacy policy click here.

NO AGENCY

You acknowledge and agree that you and Brighton POD are independent contractors, and no agency (other than for the collection of payment from the Buyer), partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

INDEMNITY

You agree to indemnify and hold Brighton POD, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Brighton POD, your use of Brighton POD, your connection to Brighton POD, your violation of any of the terms of this User Agreement or your violation of any rights of any user of Brighton POD.

You understand that because Brighton POD cannot and does not attempt to verify the information you post on Brighton POD or provide to any prospective Buyer concerning your products, or monitor your compliance with these terms and conditions, and because Brighton POD is not involved in the sales transaction or the delivery of the products purchased, Brighton POD cannot and will not accept any liability that results from the display, offering for sale, sale or delivery of your products through Brighton POD. Therefore, you agree to defend, indemnify and hold harmless Brighton POD, its officers, directors, employees, affiliates, agents, attorneys, and any other related entity, from and against any and all demands, claims, actions, causes of action, liabilities, suits, proceedings, investigations or inquiries, or any settlement thereto, and all related expenses, including, but not limited, to all litigation expenses (including reasonable attorneys' fees and court costs) and settlement amounts, as well as all special and consequential damages and damage to Brighton POD, Brighton POD's goodwill and reputation that arises from or in connection with the display, sale, transfer or use of your products displayed upon or acquired through Brighton POD.