O'Reilly Media Inc. ("O'Reilly," "we," or "us") makes the Maker Marketplace site and the related site materials available for your access and use subject to your compliance with these Marketplace Terms of Service ("Marketplace TOS"). Your obligations under this Marketplace TOS include the obligation to abide by our Community Guidelines and the Oreilly.com Terms of Service, which are incorporated into this Marketplace TOS by this reference."Site materials" means the content, tools, products, services, projects, and activities made available or enabled via the Maker Marketplace site.
Your use of the Maker Marketplace site and/or your registration for purpose of submitting an entry or participating in the Maker Marketplace constitute your acceptance of this Marketplace TOS.Do not use the site if you do not agree to these terms.The terms and conditions of this Marketplace TOS are subject to change by use at any time, and the changes shall be effective five (5) days after we notify you by email of the changes.Your continued use of the Maker Marketplace site after notice of the changes will constitute your acceptance of the changes.You acknowledge the Maker Marketplace is under development, and that we anticipate that the Maker Marketplace TOS may change significantly as the site develops.
The Maker Marketplace is an online gallery that features products (“Products”) selected by Make editors and others from entries submitted by makers, artisans, crafters artists, and others (collectively, “Makers”), and that provides an opportunity for the public to purchase Products directly from the Makers.In its role as the gallery manager, O’Reilly is paid a commission by the Maker for each Product sale over the Maker Marketplace service. O’Reilly is not a party to any negotiation or transaction between any buyer or seller and is not the manufacturer, wholesaler, seller, guarantor, shipper, or manufacturer of any Product.O’Reilly does not control the Product descriptions, prices, conditions of sale, delivery, or use of any Products. Buyers and sellers transacting sales and using the Maker Marketplace do so at their own risk and are solely responsible for the results and consequences of their use of the Maker Marketplace and related transactions,acts, omissions, communications, and/or Products.
If you wish to submitan entry, you must do so in accordance with our Entry Submission Guidelines.
If one or more of your entries is selected for inclusion in the Maker Marketplace and you desire to participate by making the selected Product(s) available for sale to the public, we will provide you with the opportunity to establish an online shop in the Maker Marketplace in accordance with our Seller Guidelines.We will charge you a commission for each Product sale made through the Maker Marketplace in accordance with the Seller Guidelines.
In accordance with the Seller Guidelines, you are free to remove Products from Maker Marketplace at any time.
You agree and acknowledge that the Maker Marketplace is intended to feature a limited selection of Products deemed to be of current interest to the Makezine community and the public, and that we may at any time require you to remove any or all of your Products in the Maker Marketplace, for any reason or no reason.If you fail to do so, we may take steps to do so, with or without notice to you.If all of your Products are removed, and provided that the removal was not based on your material breach of your obligations to us, we will provide a link to your website in the “past Product sources” section of the Maker Marketplace site.
You agree and acknowledge that we shall not have any liability to you with respect to the removal of any Products from the Maker Marketplace, and that any expenses that you incur with respect to submission of entries or in connection with the participation in the Maker Marketplace are solely your responsibility, and made at your own risk.Your agreement to this provision is an essential condition of your participation in the Maker Marketplace.O’Reilly does not promise or guarantee that any of your entries will be accepted, or that any sales will be made of any accepted Products, or that any Product will remain in the Maker Marketplace for any specified minimum period of time.
If a dispute arises between you and any other user of the Maker Marketplace, you are obligated to indemnify us in accordance with the O’Reilly.com TOS with respect to any costs, damages, expenses, or the like which result from or related to any such dispute.
Each seller is responsible for paying the commissions that the seller incurs, and each seller shall be required to provide accurate, up-to-date credit card information to us, which we will retain in our files. We will charge each seller’s credit card the amount due on his, her or its account no less frequently than monthly.If a seller's account becomes delinquent for any reason, we shall be entitled to charge interest on the amount due at the prime interest rate plus 2%, or the maximum legal rate of interest, whichever is higher, and we shall be entitled to all costs of collection of any unpaid amounts, including attorney’s fees.
You must be legally authorized to sell the Products, and your Shop Policies and each of your listings shall include only content relevant to the sale of the Products. The price stated in each Product description must be an accurate representation of the value of such item.
All sellers must specify their shop policies in their Shop Announcement and Seller Profile.Policies shall include, without limitation, the shipping rates, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. Sellers are responsible for ensuring that their policies comply with all applicable laws and regulations. O’Reilly reserves the right to require any seller to modify its policies if O’Reilly has reason to believe that the policies are violate any applicable laws and regulations or any of the seller’s obligations under this Marketplace TOS, and failure to modify any policy within 3 days following written notice from us shall constitute a material breach of these this Marketplace TOS.
You as a seller must handle any information (including without limitation any personally indentifiable information such as names, addresses, credit card numbers), received from any buyers, potential buyers, and/or visitors to your online shop in strict compliance with all applicable laws and regulations, and you agree that you will also limit the use, storage, and/or disclosure of any information received to that strictly necessary to making the communication or completing the transaction specifically intended and authorized by the buyer, potential buyer, and/or visitor.
All sales must be binding. If you, as a seller, receive an order from a buyer, you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. O’Reilly shall not be responsible for the failure of any party to complete any transaction.
Without limiting any other remedies available to O’Reilly, we may suspend or terminate your account if we have reason to believe that you have violated any of your obligation to us or that you have engaged in an improper or fraudulent activity.
