Effective Date: July 4, 2015
Welcome to Prophetic Creations, LLC. The following terms and conditions form a binding agreement between you, Prophetic Creations e-Commerce Limited (“Prophetic Creations, LLC”, “Prophetic Creations Payments”, “Site”, “Service”, “we”, “us” or “our”), and Prophetic Creations Limited (“Prophetic Creations” or “Prophetic Creations Shop”). Please take the time to review these terms.
Site and Services
Prophetic Creations, LLC is an online service, which operates services (“Services”) through the website: http://www.propheticcreations.com and other online sites and services owned and or operated by us, such as our Facebook page and Twitter feed.
The Service also includes the ability to purchase items from third-party sellers through the Prophetic Creations, LLC. Within the Marketplace, unless otherwise indicated, Prophetic Creations, LLC does not own or sell the items listed, so the actual contract for sale exists directly between the buyer and seller. Prophetic Creations, LLC does not have control over, or guarantee the existence, quality, legality, or accuracy of content, item listings, and items provided by third-party sellers – except as provided by the Prophetic Creations, LLC Buyer Guarantee.
Nor does Prophetic Creations, LLC guarantee that a buyer and seller will actually complete a transaction, remit a payment or refund, and/or return an item. Prophetic Creations, LLC will not be responsible for any items sold by third-party sellers; for any damage to items during transit or during the inspection period, or for misrepresentations and/or breaches of contract by either the buyer and/or third-party seller – except as provided by the Prophetic Creations, LLC Buyer Guarantee.
Conditions of Use for Our Site and Services
The permission granted to you to use our Site and Services are conditional upon the following, which you agree to:
Hold the authority to enter into a binding legal obligation.
Comply with the letter and spirit of the terms of each offer.
If you elect to create an account with Prophetic Creations, LLC, you do so under the following conditions, which you agree to:
Be an individual of at least 18 years of age.
Create only one user account for your sole use.
Provide accurate personal or business information about you (at registration and all future interactions with members and staff); and that all such information is true, accurate, current, and complete.
Protect the identity of your password, maintain supervision of your account with our Site, and understand and agree that you are solely responsible for the use of our Site, or the use of our Site by anyone who uses our Site under your user account profile.
Information Transmitted Over the Internet
We will make all reasonable efforts to ensure the security of all information transmitted through our Site; however, since we have no control over the security of the internet or networks you choose to access or communicate with our Site, we are not and cannot be held responsible for the security of information that you choose to communicate with us and our Site while it is being transmitted. Furthermore, Prophetic Creations, LLC is not responsible for any data that may be lost upon or during transmission.
Site Conduct and Rules
When purchasing an item on our Site, you agree to the following:
You will have first read the entire item listing, including full description (if applicable).
You enter into a legally binding contract to purchase an item when you commit to buy an item, or are awarded the winning bid on an item, and we have sent you a confirmation email.
If we believe, at our sole discretion, that a significant error has been made in the pricing of an item, due to an error of any sort, you acknowledge that the transaction is not binding until the seller ships the item to the buyer (regardless if the buyer has paid for the item).
Breach or circumvent any laws or our systems and policies.
Engage in suspicious activity.
Participate in shill bidding.
Post content which allows for the purchase of, or encourages the purchase of merchandise outside of our Site or Services.
Contribute to an unfriendly environment either through offensive or abusive messaging, or on our community and forum pages.
Take actions, which at our sole discretion, we believe are negatively impacting our business.
Manipulate the price of an item.
Post content which is false, misleading, inaccurate, defamatory, libelous or obscene.
Post content which we believe is spam or of bulk in nature.
Transfer your account to another party without our explicit written consent.
Purposely submit any inaccurate information, commit fraud, or falsify information in connection with your account with Prophetic Creations, LLC.
Purposely create multiple Prophetic Creations, LLC accounts.
Access, or attempt to access, data that is not intended for you, such as, but not limited to, logging into an account or server, which you do not have authorization to access.
Scan, or attempt to scan, or test the security and or configuration of our Site, including, but not limited to, breaching security or authentication measures of our Site, without proper authorization.
Interfere or tamper, or attempt to do either; with the intended functioning of any and all part, page or area of the Site, and or any and all functions and Services provided by our Site.
Interfere, or attempt to interfere, with our Service to any user in any and all manner, including, but not limited to, submitting a virus to our Site, attempting to “overload”, “flood”, “spam”, “DOS attack”, “email bomb” or “crash” our Site.
Solicit or advertise for any commercial, political, or religious purpose, or compete directly or indirectly with Prophetic Creations, LLC when using our Site or any of its contents.
Re-sell or re-purpose your access to the site or purchases made through the Site.
Use the Site, or any of its resources, to solicit other users, sellers, or partners of Prophetic Creations, LLC, to become users, sellers, or partners of other online or offline services which would be, or are in direct or indirect competition or potential competition with Prophetic Creations, LLC, including but not limited to, aggregating current or previously offered data or deals.
Use any user or seller information from the Site for any commercial purpose, whether for profit or non-profit, including, but not limited to, marketing or research.
Access, monitor or copy any content or information from the Site by any manual process or automated process using, but not limited to, any robot, spider, scraper or other automated means for any purpose without our express written permission.
Violate, or attempt to violate, any and all restrictions in any robot exclusion headers on this Site or bypassing or circumventing any other measures in use to prevent or limit access to this Site.
Take any action, as determined at our sole discretion that places excessive demand on our Services, or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure.
Aggregate any live or post-feature content or any other information from our Site, without our express written permission, whether it be through the use of links or other technical means or physical records associated with purchases made through our Site, with material from any other site on a secondary site.
Engage in, or attempt to engage in, without our express written permission, ‘deep-linking’ to any portion of this Site, including but not limited to, the purchase path for any certificate.
Act illegally or maliciously against the reputation of Prophetic Creations, LLC, or any user, business interest, merchant, or Service provided by Prophetic Creations, LLC or any of the aforementioned parties.
Hyperlink to the site from any other website, without our express written permission and initial and ongoing consent.
If you are a seller, you must be in compliance with our Seller Policies & Agreements.
Copyright and Trademarks
Any and all content located on or in our Site is the sole property of Prophetic Creations, LLC or is being used with permission from the relevant party. Linking to the Site, or any section of the Site, is only allowed with our permission, which for standard and accepted purposes is allowed, under the condition that we can revoke this permission at any time.
Prophetic Creations, LLC. owns the trademark and in conjunction with other trademarks located within or on the Site is not deemed to be in the public domain, but instead is the sole property of Prophetic Creations, LLC.
At no time will you upload or post or otherwise have presented any material which is protected by any proprietary right, including but not limited to copyright or trademark, unless you have expressed permission of the owner of such material. At no time will Prophetic Creations, LLC or Prophetic Creations e-Commerce Limited be under obligation to provide you with any indication, marking or any other notice that may assist you in the determination of if such material is copyrighted or trademarked. Any damages or other harm, which results from such a submission of material, which occur from your infringement of copyrights, trademarks, or any other proprietary right, will be at your sole liability. In the event that you submit any material to a public area of our Site, you warrant that the owner of the material has at such time expressly permitted Prophetic Creations e-Commerce Limited the perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute this material, whether it be in whole or in part, worldwide and/or to include in any other work or material in any form, media or technology known or hereafter developed for the entire term of copyright that such material holds. You also agree that any other user may access, view, store or reproduce that material for that users personal use. You also agree to allow Prophetic Creations e-Commerce Limited to edit, copy, publish and distribute any and all material that may be made available by you on this site.
Creating an Account on Our Site
If and when you create an account with Prophetic Creations, LLC, you are solely responsible for holding and managing the said account.
You may not create any additional accounts during the time your original account is active.
You are not permitted to create an additional account following suspension of an original account.
Your account is non-transferable and may not be sold, combined or otherwise shared with any other person(s).
If at any time you violate any of these account limitations we may terminate your account, and without limitation, you may forfeit any and all pending, current or future promotional account credits and any unredeemed certificates in your account.
In the event that your account is deleted you may not join under a new account or re-enroll unless given a formal invitation by Prophetic Creations, LLC.
You may not attempt or actually commit fraud, including but not limited to, falsifying information in connection with your use of the Site or in connection with your Prophetic Creations, LLC account, and in the event that this occurs Prophetic Creations, LLC reserves the right to hold you legally responsible for any and all damages that are suffered and agree that Prophetic Creations, LLC may pursue legal action through any relevant local and or national law enforcement authorities.
We may notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Digital Millennium Copyright Act (DMCA)
If a user of our Site has posted any material, to your knowledge, to our Site, which infringes on a copyright, you should act in the following manner:
Supply Prophetic Creations, LLC with an electronic or physical signature from the individual who is authorized to act on behalf of the owner of such copyright work.
Supply Prophetic Creations, LLC with an identification, description and location of the material on our Site, which infringes on the copyright.
Supply Prophetic Creations, LLC with your name, telephone number, email address and any other contact information.
Supply Prophetic Creations, LLC with a statement written by you, which states that all of the information you have provided us is accurate, and under the penalty of perjury, that you are owner of such copyright or are authorized to act on the behalf of such owner. Contact should be made using any of the available methods on our Contact Us page.
In the event that you infringe third-party copyrights, Prophetic Creations reserves the right to terminate its agreement with you at our sole discretion.
Disclaimer of Warranty
Limitation of Liability
Internal and External Internet Links
Links may appear on our Site, which link to affiliated or nonaffiliated parties. In either case, these links will be provided with the sole intent to deliver a more convenient or informative experience to you or other users. We do not endorse or have any bias opinion in the matter of the content for these links. From hereinafter, we disclaim any representations as to the content or accuracy, which those links may convey, or the privacy practices of the websites in which those links are directed. In the event that you access an external website through one of our links, you do so at your own risk.
Termination from Prophetic Creations, LLC
Indemnification and Release
Choice of Law
Modification of this Agreement
Prophetic Creations, LLC Store Guarantee
Effective Date: July 4, 2015
Prophetic Creations, LLC Buyer Guarantee
Effective Date: July 4, 2015
We want you to buy with confidence anytime you make a purchase on the Prophetic Creations, LLC.com website or use Prophetic Creations Payments; that’s why we guarantee purchases from third-party sellers when payment is made via the Prophetic Creations, LLC website or when you use Prophetic Creations Payments for qualified purchases on third-party websites. The condition of the item you buy and its timely delivery are guaranteed under the Prophetic Creations, LLC Buyer Guarantee. The Prophetic Creations, LLC Buyer Guarantee will also reimburse you if you do not receive an agreed upon refund from a third-party seller.
The following items and situations are not covered by the Prophetic Creations, LLC Buyer Guarantee:
Payments for services
Payments for subscriptions
Cash or stored value instruments
Prohibited items (including items violating the Prophetic Creations, LLC Acceptable Use Policy)
If you paid by credit card and the issuing bank has initiated a chargeback
Damage or loss that occurs to goods after they are delivered to the destination you
Note: You are eligible to receive up to $2,500 of the purchase price, including shipping charges.
You can file a claim when all of the following applies:
You have contacted the third-party seller through Your Account.
You have waited two business days for a response.
Your request meets one of our Buyer Guarantee conditions below.
The third-party seller failed to deliver the item by 3 days past the maximum estimated delivery date or 30 days from the order date, whichever is sooner.
The item you received was damaged, defective, or materially different from the item represented on the product detail page.
The third-party seller agreed that they’d refund you, and they either haven’t refunded you at all or the refund is in the wrong amount.
Note: If you refuse the package and the return does not have tracking information, your claim may not be covered.
You were not satisfied with the quality of the eligible services performed by the third-party seller.
Please also note the following claim timeframes:
You have 14 business days to submit the claim from the date the Order was placed.
If you receive your item and it is damaged, defective, or materially different, you must contact the third-party seller within 14 days of receipt to request a return.
Effective Date: July 4, 2015
Collection of Personal Information
How information is collected
When you interact with our site in anyway, including but not limited to: creating an account, registering information, subscribing to emails, contact us or making purchases through the site, we ask you for Personal Information. Prophetic Creations, LLC may keep information relating to how you use the site, including, but not limited to, what pages you view and transactions you attempt or complete. Cookies and other related technology may be utilized to collect information about your interaction with our site. Personal Information may also be collected through third parties in order to give us additional information to enhance the service we provide you.
What information is collected
Email Address: Provided to us in conjunction with registering an account, or through contacting us in any way.
Other Contact Information: Including but not limited to: name, mailing address, telephone numbers, fax numbers, social media and other third-party username and account information.
Technology Related Information: Information provided by your Internet browser. IP addresses, cookies and any and all future technology related information.
Demographics: Any demographic or psychographic information including but not limited to: age, gender, income, location and social relationships.
Financial Information: Credit and Debit card information, as well as any other information related to payments and transactions.
Browsing and Transaction Information: Including but not limited to any way in which you interact with our site, or make purchases on our site.
Use of Information
In general, your Personal Information is used for the following purposes:
Internal record keeping
Improving, Analyzing and Tracking our Site and Services
Marketing and Promotion
Emails and social media contact
Provide help and support to you, our employees and our merchants
Provide help or support to our merchants or business partners
Disclosure of Information
You may request details of personal information, which we hold about you under the U.S. Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us using the information provided on our Contact Us page.
At any time, you may access or update your account and contact information by accessing your Prophetic Creations “My Account” page.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us and we will promptly correct any information found to be incorrect.
We take the protection and security of your Personal Information very seriously. We use a variety of technological and industry standard processes and procedures to help safe guard this information. Financial information will be stored using industry standard encryption technology. However, you understand that no process or procedures by any company can ever fully eliminate all risks associated with your Personal Information. Third Party Privacy and External Links Our site may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
We use third-party advertising companies to display ads when you visit our Website. These companies may use information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. Please note that this is in no way related to any information we collect from you. We do not share any of your Personal Information we collect with these companies.
Effective Date: July 4, 2015
A cookie is a small file, which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about site traffic and improve our site in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better site, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website, and you will not be able to sign in to your account, or make purchases.
Third Party Cookie and External Links
Our site may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and Cookie of any information, which you provide whilst visiting such sites and this Cookie statement does not govern such sites. You should exercise caution and look at the Cookie statement applicable to the website in question.
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. Please note that this is in no way related to any information we collect from you. We do not share any of your Personal Information we collect with these companies.
Effective Date: July 4, 2015
The Prophetic Creations store and most other sellers on the Prophetic Creations Site offer returns for items within 14 business days of receipt of shipment (some may have policies that go beyond the minimum 30 day requirement). Each order in the Prophetic Creations, LLC is subject to the Prophetic Creations, LLC Buyer Guarantees.
You must contact the seller to request a return by going to the individual item under Purchases section of your Dashboard.
All product packaging (boxes, warranty cards, etc.) and certificates of authenticity, grading, and appraisal must be returned with the item.
Any items returned without original documentation or that have been damaged or altered will be rejected.
Before shipping a return, photograph the item for your records.
Graded items must be returned in their original packaging, along with any supporting documentation.
Any item that has been damaged or otherwise altered after delivery will not be accepted for return by the seller.
Once the seller confirms the receipt of goods in acceptable condition, they will issue a refund.
Seller Policies & Agreements
Effective Date: July 4, 2015
We want you to have the best selling experience possible at Prophetic Creations, LLC. Use the links on this page to find out more about our policies. Make sure to read the Participation Agreement and to check periodically for changes to seller policies and agreements.
Like any community, Prophetic Creations, LLC has rules to help ensure a safe and enjoyable buying and selling experience. Please take a moment to read through our Community Rules, which provide general guidelines for Prophetic Creations, LLC buyers and sellers.
Honor your commitment to buy or sell.
Maintain current account information.
If your selling privileges have already been removed, you may not establish a new selling account.
Leave thoughtful feedback about your transaction partners.
Do not misrepresent yourself.
Violations of our Participation Agreement, of which these Community Rules are a part, can result in the removal of your Prophetic Creations, LLC selling privileges.
Welcome to the Prophetic Creations, LLC site (the “Marketplace”) and our selling services (the “Services”). Any person who wants to access the Marketplace and use the Services to sell items must accept the terms and conditions of this Participation Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE MARKETPLACE ARE INCORPORATED BY REFERENCE.
Prophetic Creations e-Commerce Limited (“Prophetic Creations, LLC”, “we,” “us,” and “our”) reserves the right to change any of the terms and conditions contained in this Participation Agreement or any policies or guidelines governing the Marketplace or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Marketplace. All notice of changes to this Participation Agreement will be posted on the Marketplace for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS MARKETPLACE AND THE SERVICES FOLLOWING PROPHETIC CREATIONS, LLC’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS PARTICIPATION AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS MARKETPLACE.
Use of the Marketplace and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, and valid credit card information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; (b) you have all requisite right, power and authority to enter into this Participation Agreement and perform your obligations hereunder; and (c) any information provided or made available by you or your affiliates to Prophetic Creations or its affiliates is at all times accurate and complete.
Sellers’ Listing Fees and Payment Terms
Please review the Fee Schedule and Payment Terms contained in the Help section for the Services. All fees are in U.S. dollars unless stated otherwise and are incorporated herein by reference. The Fee Schedule and Payment Terms may vary in the future. The Fee Schedule and Payment Terms in effect on the date of sale of the item shall govern the transaction. You should check the fees and terms each time you participate. All fees, are payable upon demand via Visa and MasterCard, credit card.
Applicable Policies and Guidelines
You agree to abide by the procedures and guidelines–contained in the Help section–for conducting fixed price sales, which are incorporated by reference into, and made part of, this Participation Agreement. The procedures and guidelines contained in the Help section explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the Help section to understand the current procedures and guidelines for participating and to be sure that the items you offer for sale can be sold on the Site. For each item you list on the Marketplace, you will provide to us the state or country from which the item ships. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available. You will not send customers emails concerning shipping confirmation of items you sell. Promptly after shipment of a customer’s order (or any portion of the customer’s order), you will accurately inform us that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you (“Mark Items as Shipped”). If you fail to provide Confirmation of Shipment within the time frame specified by us (10 days after the date an order was placed), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us. You will comply with any instructions from the manufacturer, distributor and/or licensor of an item regarding Street Date for Delivery (which means the date, if any, specified by the manufacturer, distributor and/or licensor of an item as the date before which such item should not be delivered or otherwise made available to customers) or the Street Date for Disclosure (which means the date, if any, specified by the manufacturer, distributor and/or licensor of an item as the date before which specified information regarding such product (e.g., title of a artwork) should not be disclosed publicly).
Prophetic Creations, LLC’s Role
Prophetic Creations, LLC provides a platform for third-party sellers (“Sellers”) and buyers (“Buyers”) to negotiate and complete transactions. Prophetic Creations, LLC is not involved in the actual transaction between Sellers and Buyers, except as set out in Section 5. As a Seller, you may list any item on the Marketplace unless it is a prohibited item as defined in the procedures and guidelines contained in the Help section, or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use Marketplace Site and the Services at your own risk.
The Transaction Processing Service
By registering for or using the Services, you authorize Prophetic Creations, LLC to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions (as defined below), receiving and holding Sales Proceeds (as defined below) on your behalf, remitting Sales Proceeds to your bank account or PayPal account, charging your credit card, and paying Prophetic Creations, LLC and its affiliates amounts you owe in accordance with this Participation Agreement or other agreements you may have with Prophetic Creations, LLC or its affiliates (collectively, the “Transaction Processing Service”). “Sales Proceeds” means the gross proceeds from any of Your Transactions, including all shipping and handling, gift wrap and other charges, but excluding any taxes separately stated and charged. “Your Transaction” means any sale of your items through the Site. As used in this Section 5, “we,” “us” and “our” mean Prophetic Creations, LLC. Notwithstanding anything to the contrary in this Participation Agreement, Prophetic Creations, LLC may in its discretion perform the Transaction Processing Services described in this Section 5.
The Transaction Processing Service facilitates the purchase of Seller items listed on the Marketplace. Sales Proceeds are credited to a registered Seller’s Payment Account (as defined in Section 5.l. below), and funds are periodically transferred to the Seller’s designated PayPal account (“Seller’s Account”). When a Buyer instructs us to pay you, you agree that the Buyer authorizes and orders us to commit the Buyer’s payment to you (less any applicable fees or other amounts we may collect under this Participation Agreement). You agree that Buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to Prophetic Creations, LLC, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Participation Agreement. The Transaction Processing Service helps facilitate Your Transactions and neither we nor our affiliates are the purchaser of the Seller’s goods. Seller will resolve any dispute directly with Buyer or with the assistance of the Prophetic Creations, LLC Buyer Guarantee and not through the Transaction Processing Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable. We may at any time require you to provide any financial, business or personal information we request to verify your identity. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Transaction Processing Service and also from time to time while Seller is registered with the Transaction Processing Service (including credit reports about Seller’s spouse if Seller lives in a community property state), and to obtain an initial credit authorization from Seller’s credit card issuer at time of registration. The Prophetic Creations Payments Privacy Notice applies to your use of the Transaction Processing Service.
Sales Proceeds can be credited only to PayPal accounts supported by our standard functionality and enabled for your account (which functionality may be modified or discontinued by us at any time without notice).
The Transaction Processing Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate credits to Seller’s Account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Participation Agreement, a “Business Day” is a Monday through Friday, excluding federal banking holidays. We will inform you of each completed transaction using our standard procedures. In addition, you can access your Transaction Processing Service transaction information online in your account.
You may provide refunds or adjustments to Buyers for Your Transactions through the Transaction Processing Service using functionality enabled for your account. This functionality may be modified or discontinued by us at any time without notice and is subject to the limitations in the Help section and the terms of this Participation Agreement. You may not create invoices for Your Transactions.
All balances will be reflected in the Sales History and Transaction Ledger Report summary. The seller can initiate a withdrawal to the Seller’s Account on a rolling 10 business-day cycle (“Payment Date”) based on the original date of each Order for the total amount of Sales Proceeds you received from Buyers’ authorized payment, less any fees or other amounts we may collect under this Participation Agreement, any refunds, adjustments, or other amounts paid to Buyers in connection with sales, or for funds you otherwise received since the last Payment Date. The amount of the fees for the Services will be posted to Seller’s Account and will be deducted from the balance of credits in the Seller’s Account to be remitted to you. Without limiting Prophetic Creations, LLC rights to collect any amounts you owe, including as described in Section 5.j. of this Participation Agreement, Prophetic Creations, LLC’s receipt of Sales Proceeds discharges your obligation to pay applicable fees and other amounts under this Participation Agreement to the extent the Sales Proceeds equal or exceed the fees and other amounts you owe and the Sales Proceeds are applied to the payment of those fees and amounts.
Transfers to the Seller’s Account will generally be credited within 2-3 Business Days of the date we initiate the transfer.
As a security measure, we or our affiliates may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Neither we nor our affiliates will be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us or our affiliates for a security reason, or (ii) if we or our affiliates permit a Buyer to withdraw from a transaction because the Transaction Processing Service is unavailable following the commencement of a transaction.
If we or our affiliates reasonably conclude based on information available to us or our affiliates that Seller’s actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Participation Agreement until the completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Participation Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.
We may refuse service to anyone for any reason. We will bear the risk of credit card fraud (i.e., fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with Your Transactions, and Seller will bear all other risk of fraud or loss; provided, that we will not bear the risk of credit card fraud in connection with any of Seller’s products that are not fulfilled strictly in accordance with the order information and shipping information that Prophetic Creations, LLC provides you. Prophetic Creations, LLC reserves the right to seek reimbursement from Seller if Prophetic Creations, LLC, in its sole discretion, decide to reimburse Buyer under the terms of the Prophetic Creations, LLC Buyer Guarantee, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer’s credit card issuer for the amount of Buyer’s purchase from Seller. We may obtain reimbursement of any amounts owed by Seller to Prophetic Creations, LLC or us by deducting from future payments owed to Seller, reversing any credits to Seller’s Account, charging Seller’s credit card (on file), or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or bank account.
We reserve the right, upon termination of this Participation Agreement or Seller’s use of the Services, to set off against any payments to be made to Seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with Your Transactions from Seller’s Account or GC Account for a prospective three-month period. At the end of such three-month period following termination, we will disburse to Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Seller via any of the means authorized in Section 5. j. above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable.
Sales Proceeds will be held in an escrow account with Prophetic CreationsPayments (a “Payment Account”) and will represent an unsecured claim against Prophetic Creations, LLC. Sales Proceeds are not insured by the Federal Deposit Insurance Corporation. Prior to disbursing funds to you, Prophetic Creations, LLC may combine Sales Proceeds held with the funds of other users of the Services, invest them , or use them for other purposes permitted by applicable laws. You will not receive interest or any other earnings on any Sales Proceeds. To the extent required by applicable laws, Prophetic Creations, LLC will not use any funds held on your behalf for its corporate purposes, will not voluntarily make such funds available to its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its creditors to attach such funds.
If there is no activity (as determined by us) in connection with your Payment Account for the period of time set forth in applicable unclaimed property laws and we hold Sales Proceeds on your behalf, we will notify you by means designated by us and provide you the option of keeping your Payment Account open and maintaining the funds in your Payment Account. If you do not respond to our notice(s) within the time period we specify, we will send the funds in your Payment Account to your state of residency, as determined by us based on the information in your Payment Account. If we are unable to determine your state of residency or your Payment Account is associated with a foreign country, your funds may be sent to the State of California.
Prophetic Creations, LLC Reservation of Rights
Prophetic Creations, LLC retains the right to determine the content, appearance, design, functionality and all other aspects of the Marketplace and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Marketplace and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Participation Agreement) that has been charged for an order that we stop or cancel.
Prophetic Creations Participation
Employees of Prophetic Creations and its affiliates are permitted to participate in their personal capacity (i.e., not as Prophetic Creations’ employees, representatives, or agents of Prophetic Creations or its affiliates) in the transactions conducted through this Site (unless they have confidential information about a particular item). Employees of Prophetic Creations and its affiliates, when participating in any transaction in their personal capacity, are subject to this Participation Agreement and the same procedures and guidelines contained in the Help section as any Buyer or Seller on this Marketplace.
For sales where a Seller lists goods at a fixed price (“fixed price sales”), the Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller’s terms. By listing an item in a fixed price sale, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.
For fixed price sales, Seller will determine the purchase price for each item he or she lists on the Site via and subject to Prophetic Creations, LLC’s standard functionality for listing the purchase price, provided that Seller must abide by the same procedures and guidelines contained in the Help section with respect to pricing.
By entering into this Participation Agreement and posting a listing for fixed price sale, you agree to complete the transaction as described by this Participation Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
You agree that it is the Seller’s responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Prophetic Creations, LLC is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Prophetic Creations Payments expressly agrees to receive taxes or other transaction-based charges in connection with tax calculation services made available by Prophetic Creations, LLC and used by Seller. “Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
Returns and Refunds
Subject to Section 5.d., for all of your products, you will accept and process returns, refunds and adjustments in accordance with this Participation Agreement and the Prophetic Creations, LLC return policies published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. Subject to Section 5.d., you will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Your Transactions, using functionality we enable for your account, and will route all such payments through Prophetic Creations, LLC. We will provide any such payments to the Buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse Prophetic Creations, LLC for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Prophetic Creations, LLC or its affiliates to Seller under this Participation Agreement or seek reimbursement from Sel