- A.HOOK.MARKET (the “site”) is an on-line marketplace, providing a
platform for design students and graduates ("designers") to share
their designs and products and for the public to view the designs and purchase
These two documents should be read carefully and in their entirety before advancing to any of the pages or other areas of this site. If you have any questions regarding these documents, or the site, please contact us at firstname.lastname@example.org.
H.HOOK.MARKET is not designed for minors under the age of 13. If you are over the age of 13 and under 18 years of age (or if the age of majority in your location is higher - then that age), please obtain your parent or guardian's permission to use this site.
2. Stores and Transactions
B.The product descriptions on this site are provided by, or are according to information provided by designers. We rely on these descriptions and on the information. Our site is designed to offer products that are unique. However, we cannot guarantee that and therefore will not bear any liability for any mistakes in a description.
C.All sales resulting from use of this site must be made through the site using the order and payment tools on the site.
3. Access and Use of this Site
B.The Owner may cease or terminate the operation of this site, or any area of the site, either temporarily or permanently, and may transfer this site, in whole or in part, to another domain at any time at the Owner's discretion.
D.You may not circumvent, disable or otherwise interfere with any technological measures used on this site, which are designed to prevent or restrict use of, or access to any content or materials, or any copying or distribution of content or materials, or to protect the privacy of users.
E.Users agree not to operate or use any automated system or program, including any robot ("bot"), spider, crawler and the like, that sends user requests to the site in a quantity that exceeds the number of requests that a human being, not using such a system or program, would be able to send in any given period of time using a standard web browser, or at intervals that are less than those at which regular requests are sent during the normal course of browsing, or that exceeds the number of requests that a reasonable user would send during the normal course of personal, non-commercial use of the site. Notwithstanding the following, the operators of publicly accessible search engines may use industry standard automated programs that do not unduly burden this site or our servers solely for the purpose of indexing this site and its contents in the search engine.
F.We permit links to this site, provided the link is made and used in an acceptable and non-misleading manner and that this site is not framed by the linking site. We reserve the right to revoke permission to any site to link to this site in our absolute discretion. We do not allow links from any site that promulgates, promotes or encourages illegal activity, acts of hate or violence, or discrimination on the basis of race, religion, gender, sexual preference or age, or that contains content that is obscene or unsuitable to the general public.
G.We may provide links to certain sites on the Web that are not owned or operated by the Owner. These links are provided as a service to our users, because we think those sites may be of interest to them. We do not endorse such sites or warrant or approve of any content contained therein and will not in way be responsible for them or their contents.
A.In order to open and operate a store on this site, you must establish a registered user account (“Account”), create a user name and/or password and agree to the terms of the separate commercial user agreement.
B.All information supplied by you to obtain an account, user name or password must be true, full and accurate.
C.All accounts, user names and passwords are personal. You may not transfer an account, user name or password to anyone else or allow someone else to use your account, user name or password without the Owner's written permission. Similarly, you may not use the account, user name or password of anyone else without their permission and the permission of the Owner.
D.You are responsible for all activity on your account. If you become aware of any unauthorized use of you account, user name or password, you should immediately notify the Owner. Such notification will not however render the Owner responsible for any unauthorized use, whether occurring before or after such notification.
E.The Owner may refuse registration of any user at its complete discretion and may terminate your access to the site, or any area of the site, or an account, user name or password, at any time, at its complete discretion.
F.Use of other areas of this site may be by registration only and may require creation of an account. All terms of this Section will apply to such registrations and accounts.
5. Intellectual Property Rights
A.Any and all intellectual property rights, including patents, copyrights, trademarks, trade-dress and designs in this site and any materials on the site, including its source program and any and all texts, questions, graphics, artwork, photographs, logos, audio-visual and musical works, sound recordings, interactive materials and any other materials ("Materials"), other than the rights in User Content as defined below, are owned by, or licensed to the Owner, and are protected by law, as well as under international treaties. All rights in such material are reserved. No licenses of any kind to such Materials are granted or implied other than as specifically set out hereunder. These Materials are provided for the personal, non-commercial use of users and may not be published, copied, reproduced, publicly performed or displayed, broadcast, transmitted, or made available to the public, commercially rented, distributed, sold, licensed or otherwise exploited without the specific, written authorization of the Owner, or the Licensor of the Materials (in regard to all materials other than User Content) or the copyright holder (in regard to User Content).
B.The HOOK.MARKET name, mark and logo are the property and trademarks of the Owner and may not be used for any purpose without the Owner’s prior written consent.
6.User Content Submissions and Provisions
A.This site contains materials or content, including texts, graphics, designs and other materials appearing in individual stores, which is or has been submitted by users, designers or by third-party advertisers. Such materials are referred to as "User Content".
B.Users shall retain all copyright and other intellectual property rights in User Content posted or uploaded by them.
C.By uploading or posting User Content, you the user grant the Owner, its licensees and affiliates a perpetual, non-exclusive, fully transferable, sub-licensable, irrevocable, royalty free and payment free license to copy, publish, display, publicly perform, broadcast, transmit, communicate and make available to the public, commercially rent and distribute and otherwise exploit the User Content or any part of it, including to adapt, edit, alter, change, mix and remix, add to or detract from and to create derivative works based on or using it, or any part thereof, all of the above on this or any affiliated site and in or by way of any other media or technology, whether now known or hereafter invented, perpetually, throughout the universe, but only in relation to the operation or promotion of the site. In addition, you grant the Owner a perpetual license to use your name, likeness and voice in connection with the above.
D.The Owner will use its best efforts to grant credits appearing on User Content, however Users must recognize that due to the nature of the site, the Owner will not be required to grant and will not be liable for any omission, deletion or alteration of any credit in regard to User Content. Nonetheless, in case of omission, deletion or alteration, users are invited to contact the Owner, who will be happy to correct the same, in as far as is reasonably possible.
F.Users may not post or upload Materials or content of any type that: (i) infringe the patent, copyright, trademark, trade-dress, design rights, trade secrets or any other intellectual property rights of any third party; (ii) contain any statements or messages, whether textual, visual, aural, audio-visual or otherwise that are defamatory or infringe the right of privacy or the right of publicity of any third party; (iii) incite, promote or encourage discrimination on the grounds of race, religion, age, gender, sexual preference or on any other grounds; (iv) are inflammatory or incite, promote or encourage acts of violence, illegal acts, use of prohibited substances or dangerous acts; or (v) contain explicit or distasteful depictions of violence, pain, suffering or illness; (vi) contain nudity or pornographic, obscene or profane materials; (vii) are otherwise inappropriate to the general public; (viii) are menacing, threatening or intimidating; (ix) are otherwise illegal or could serve as grounds for any civil or criminal liability against you or the Owner; (x) advertise or promote, either expressly or impliedly any product, service, business, political party or other organization or cause, other than the designer's designs and products; (xi) depict or refer to any minor without the prior written consent of his or her parents or legal guardian or could in any way be harmful to a minor or his wellbeing; or (xii) contain any address or contact information of any person other than the user himself, unless the user has obtained the prior written consent of such person.
I.Although we welcome your submissions, we reserve the right to refrain from publishing or posting it on the site.
J.When you post or upload materials or content, that content will or may become available to other users and may be viewed by them.
K.The Owner reserves the right to remove or disable access to any materials that do not comply with the above conditions or which are otherwise considered by us to be in bad taste or contradictory to the policies and purposes of HOOK.MARKET, or are the subject of a complaint by a third party, without any need for notice to the posting user. In case of gross or repeat infringements, we reserve the right to terminate the account of the user with no prior notice.
7. Complaints of Infringement
A.We respect the copyrights and other rights of all persons and organizations and expect you to do so also.
B.If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on this site, including any User Content, infringes upon your copyright, or if you believe that any content on this site infringes any other intellectual property right, other than copyright or any other right of yours, or in any other manner harms you, or if you have any other complaint regarding the site, please notify us so that we may review your complaint. You may submit a written notification to SUPPORT@HOOK.MARKET
C.All complaints should be sent in writing to the above address and should give the following details:
(i) Your full name and contact details, including physical address and email, and, when available a fax number and telephone number.
(ii) Full details of the complaint, detailing: i) the rights claimed to have been infringed or the harm claimed to have been caused to you,
ii) a statement that you own the rights claimed to have been infringed, or are the authorized agent of the owner;
iii) a detailed statement identifying as fully as possible the allegedly infringing material and its location on this site, including by detailing its URL.
(iii) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
D.We will review all complaints promptly but reserve the right to decide whether to act on such complaints.
E.“If you are a citizen of the United States, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Owner infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.copyright.gov/legislation/dmca.pdf for details).”
8. Use of Contact Information
A.By registering a user Account with this site, or any area of the site, or by submitting your contact details in any other manner, you grant us your explicit consent to use that information, including all contact information to send you information and offers, including commercial or advertising email from us and/or our business partners or affiliates, using all means of communications provided by you, unless you have clearly indicated that you are not interested in receiving such communication.
B.At any time, you may request us remove your details from our mailing list that serves for these communications by sending a request to SUPPORT@HOOK.MARKET, or by way of the link that will be provided in each mailing to you.
9.Disclaimer of Warranty
A.ALTHOUGH WE WILL DO OUR BEST TO PROVIDE CONTINUOUS SERVICE, THE OWNER DOES NOT AND CANNOT GUARANTY THAT THIS SITE WILL BE AVAILABLE TO USERS AT ALL TIMES. IN PARTICULAR, THIS SITE MAY BE SHUT DOWN FOR MAINTENANCE AND REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING NETWORKING PROBLEMS.
B.USE OF THIS SITE ARE AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, THE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, AND USE THEREOF BY ANY USER.
C.THE OWNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING USER CONTENT, OR OF ANY SITE LINKED HERETO; (II) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE, INCLUDING ANY INTERUPTION OR DELAY IN COMMUNICATION THROUGH WIRELESS, CELLULAR OR OTHER NETWORKS; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE SITE, ANY PRODUCT DESCRIPTION OR ANY TRANSACTION WITH A DESIGNER INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.
10. Limitation of Liability
A.IN NO EVENT SHALL THE OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THIS SITE, INCLUDING ANY STORE, USER CONTENT, OR ANY SITE LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING OR USER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THIS SITE; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THIS SITE BY ANY THIRD PARTY; (VI) ANY STATEMENTS OR CONTENTS CONTAINED IN ANY USER CONTENT, ALL OF THE ABOVE WHETHER THE CLAIM AGAINST US IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORSEEN BY THE OWNER. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
B.IN NO EVENT SHALL THE LIABILITY OF THE OWNER EXCEED THE DIRECT FEES PAID BY YOU DURING THE PREVIOUS ONE (1) YEAR PERIOD TO THE OWNER FOR THE SERVICES OFFERED ON THE SITE.
A.The permissions and licenses granted to you hereunder are personal and may not be assigned by you to any third party without the prior written consent of the Owner.
B.The Owner may assign, transfer, license or sub-license its rights and any license received by you.
A.This site is designed to conform to the laws of the state of Israel. If you are viewing or using this site from another state or country, please be aware that you will be transferring information outside of your state or country. Your continued access and use of this site will indicate your consent to this.
HOOK.MARKET COMMERCIAL USER Terms and Conditions
1.In order to become a commercial user and open and operate a store on HOOK.MARKET ("the site") You must agree to and abide by the terms and conditions set out hereunder which form an agreement between the Owner of this Site (sometimes referred to as "we") and the commercial user (sometimes referred to as "You").
2. Only designers of products may become commercial users.
3.Upon registration as a commercial user, You will be provided with instructions how to open and list products in your store. You alone are responsible for uploading and listing your products.
4. All products must be your own original design. You may not upload or list products, which were not designed by You.
5.You may not upload, list or use any product, use any trade name, logo or mark, or publish any product description, image, photograph, text or other work, that infringes any intellectual property rights or any other right of any third party, including any copyright, design right, patent right, trade secret, or which is defamatory or infringes the right of privacy or publicity of any person, or contains pornographic, inflammatory, racist or otherwise unsuitable content.
6. All product descriptions must be true and accurate.
7.You agree to abide by all consumer laws, and, in particular, shall not publish any information about products, or otherwise, that is misleading.
8.You agree not engage in any unfair competitive practices.
9.You must fulfill and ship all orders timely and responsibly.
10.You may not refuse to fulfill an order for any unjustified reason. All prices published by You bind You even if You made a mistake.
11.Users are allowed to rate You and your products and publish reviews and feedback. We will not be responsible for any expression or other act of a user. You agree not to solicit or otherwise make use of any reviews, which are ordered, requested or written by or for You. Commercial Users may not write, neither may they commission or request others to write reviews of any other commercial user or his products.
12. As a Commercial User, You are exclusively responsible for all contents of your stores, and for your products, including product warranties and defects, intellectual property rights and all transactions including pricing, payment processing, shipping, returns and all other aspects of the operation of your store.
13. All sales resulting from use of this site must be made through the site using the order and payment tools on the site.
14. You agree not to fulfil an order or receive payment for a sale made through this site by any means other than those provided by the site. If contacted by a user through this site, You may not sell any product, which was subject of the contact other than through this site.
16.In consideration of the services provided by us, You agree to pay us a commission of 10% (ten percent) of the actual sales price of any product sold through this site. Please note that there is minimum transaction fee of 10 USD. We may increase or reduce the commission and minimum transaction fee at any time. In such case we shall notify. The amended rate will only apply to sales made after such notification. We shall not charge a commission on sales made before January 1st, 2017, or such later time as may be published from time-to-time on the Site.
17.You agree that the Payment Provider may deduct its own commission and our commission (on which the Service Provider will also charge a payment commission) before sending You are crediting You with the balance of the sales proceeds. If VAT or any other tax is required to be charged by Owner, it shall be added to Owner's commission.
18.You alone are responsible for any taxes or other compulsory payments applying to your sales income.
19.The Owner may allow third party advertising on your site and may advertise or suggest products of other commercial users when a user searches for products of yours.
22.Owner may shut down the Site, temporarily or permanently.
23. You shall have no claim or suit against Owner in respect to any exercise of its rights hereunder
24.The permissions and licenses granted to You hereunder are personal and may not be assigned by You to any third party without the prior written consent of the Owner.
25.The Owner may assign, transfer, license or sub-license its rights and any license received by You.