USER AGREEMENT | Plebeian

User Agreement

The agreement below governs the relationship with you (the user) and Plebeian Inc. By using the Plebeian Deli platform or any included services, you agree to the terms of this agreement.

You are restricted from using the Plebeian Deli platform and any included Service unless all of the following apply:
1. You are an adult over the age of 18; if you are under the age of 18, you must be an emancipated minor or at least 13 years old with express permission from a parent or legal guardian to use the services.
2. You are legally allowed to use the Services where you live.
3. You are affirming that you have read and agreed to this contract as yourself. You may not agree on behalf of or in representation of another individual or entity unless you have the legal authority to do so for said entity.
4. An account associated with you or your name is in good standing with Plebeian Inc. (i.e. never been banned)
The Plebeian Data Policy (link here) describes what Plebeian can do with information received through user posts or account creation. You agree to the terms of the Data Policy.
Through Plebeian, the user is given the opportunity to post a variety of content. You acknowledge that any Content that is posted or shared through an account with your name must satisfy all of the following criteria:
1. All materials shared to the platform must be done lawfully. This means that a user may only post or represent (in a sale) materials that they have legal ownership of.
2. The content and reason for posting it complies with all applicable local and federal laws
3. The content does not infringe upon the intellectual property rights (including copyright and/or trademark rights) of any other person or entity. Copyright infringement is not tolerated through any actions of a user on the Plebeian Deli platform. In any case that Plebeian finds a user uploading or distributing copyrighted or otherwise protected property that they are not in ownership of, that user will have their account terminated. If content has infringed upon your copyrighted material without your consent, you may submit a notice that meets all of the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C 512(c)(3) to our Copyright Manager at levimassey@plebeiandeli.art. Upon receiving a notice satisfying these requirements, Plebeian will take action as it deems necessary including removal of infringed content and banning of infringing users.
4. The content does not include any non-public or personal information (i.e. birthdates, addresses, phone numbers, etc.)
5. The content complies with the Plebeian Terms and Conditions (link); the user is responsible for their use of the Services and for any content posted. Plebeian does not endorse, support, represent, or affirm the completeness, truthfulness, accuracy or reliability of any content posted through the Services, nor does Plebeian endorse any opinions expressed through the Services. All content is the sole responsibility of the user who originated it, and Plebeian takes no responsibility for such content.
6. Content is NOT: Abusive, threatening, defamatory, harassing, obscene/vulgar, false/deceptive/misleading, or in violation of someone else’s privacy rights.
Any attempt to interfere with the function or services provided by Plebeian Inc. will result in legal action against the individual/individuals perpetrating the attack.
Plebeian Inc. retains the right to remove content/ accounts at any time for any reason. Judgement on the disputed materials will be based on the company’s analysis in accordance with our user agreements.
By accessing or participating in any service provided by Plebeian Inc. a user is granting permission to Plebeian Inc. to send promotional and other materials at any time.
The Services are provided to you as-is and at your own risk. The Services come with no express or implied warranties, except those that can’t be disclaimed under local or federal laws. Plebeian disclaims all warranties and conditions.
Applicable laws and jurisdictions. The laws of the state of Delaware will govern these terms and any disputes that may arise. All disputes related to these terms will be brought solely in the state or federal courts located in New Castle County, Delaware, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
You affirm that at the time of user signup, you are of sound body and mind, and mentally capable of agreeing to be legally bound by these terms.
In no event, will Plebeian Inc. waive its right to act on violations of this agreement. Plebeian Inc. will examine and judge every incident in accordance with our terms of service.
Plebeian Inc. reserves the right to determine which actions are deemed inappropriate, as well as the resulting punishment. Plebeian Inc. reserves the right to amend and and reissue these terms listed above at any time.

Third Parties

Stripe
Messenger services

Sales Agreement

The agreement below governs the actions of a seller on the platform. By selling on the Plebeian Deli platform you agree to work in good faith, a timely manner, and assume liability for all sales and potential disputes. Any action that violates this sales agreement will result in action by Plebeian Inc. and any necessary legal entity.
1. Items and services cannot be fraudulently listed.
2. When items are sold, they must be shipped within 48 hours of receipt unless otherwise specified.
3. Services must be fulfilled within the timeframe agreed upon between buyer and seller unless otherwise specified.
4. You can’t affect or aim to disrupt any other user’s sales on the platform.
You acknowledge that all content posted for sale through an account with your name must follow all of the following criteria:
1. It is your own data such as trade name, business address, etc. and does not violate any copyright or legal rights.
2. If selling as a third party or reselling work, you must have express permission to sell said work.
3. If reselling any work, it must be clearly stated as a resale item.
4. If work is a reproduction, it must be clearly stated as a reproduction.
5. Sellers must prove authenticity of any resale item or item being sold through a third party.
6. If any alteration, conservations, or repairs have been made to an artwork you must disclose said alterations in the description.
7. If work is NON-ORIGINAL (prints, posters, etc.) it should be clearly stated as such.
Even if they otherwise meet our policies, prohibited items, services, and items that violate intellectual property laws are still prohibited from sale. Items that fall under the following:
1. Alcohol, automobiles, biologicals, cultural artifacts/property, defense articles or items of military or proliferation applications, dog/cat fur, drug paraphernalia, firearms, fish and wildlife, food products, fruits and vegetables, gaming and hunting trophies, gold, Haitian animal hide drums, medication, merchandise from embargoed countries, pets, plants and seeds, soil, trademark and copyrighted items (Per U.S. Law)
When selling services, the users acknowledges that their services do NOT fall under any of the following categories:
1. Illegal or fraudulent services
2. Copyright infringement, trademark infringement, or any violation of a third party’s terms of service.
3. Adult oriented services, pornographic, or obscene.
4. Intentional copies of services.
5. Spam, deceptive, or violent services
When buying a post or service, buyers may authorize payment with any major credit or debit card accepted by Plebeian and STRIPE Connect. Buyer agrees to pay a 5% transactional fee on all post or service purchases.
Buyers and Sellers agree to first attempt to resolve any disputes directly per Plebeian terms. In the event that disputes can’t be resolved and are brought to Plebeian, Plebeian reserves the right to issue a full refund to the buyer if the seller violated Plebeian’s terms. In the event of a dispute where Plebeian needs to be involved, they must first be contacted at support@plebeiandeli.art, and if further action needs to be taken in the form of payment reversal, the user should see the Dispute and Fraud section of Stripe Docs. When a payment reversal is submitted, we will contact the payment agency and supply relevant materials on behalf of the necessary parties. Once a dispute has been submitted and processed, Plebeian is the final arbiter of disputes between users and Plebeian will bear no liability for such disputes. Plebeian reserves the right to ban accounts for contacting payment services prior to contacting Plebeian, or for filing multiple false/fraudulent disputes.
Plebeian reserves the right to take action as deemed necessary in circumstances of dispute or violation of these terms. Before any action is taken, Plebeian will contact all involved parties.
1. Accounts proven to have posted materials without necessary documentation or rights to said materials will be terminated. By extension, posts containing said materials will also be removed.
2. Accounts proven to have been involved in illegal activity will be terminated and Plebeian will cooperate with governing legal bodies.
3. Accounts accused of committing fraudulent activity will be investigated by Plebeian and any necessary legal entity. If proven to have committed such acts, accounts will be terminated.
4. Accounts suspected of continually submitting false disputes will be investigated by Plebeian and may be subject to account termination.
5. Accounts proven to have been involved in the posting or sharing of hateful, obscene, vulgar, or discriminatory content will be subject to termination.
6. Plebeian reserves the right to use judgement in situations of dispute.
Plebeian reserves the right to amend these terms at any time.