Terms of Service Agreement

Last Updated: 15 March 2018

Welcome to Cropolis and thanks for using our services!

 

The following terms and conditions (“Terms”) govern all use of the Cropolis website and all content, services, and products available at or through the website, including, but not limited to, The Cropolis sales, marketing, and administration web-based application (our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Cropolis’s Privacy Policy) and procedures that may be published from time to time by Cropolis (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. If you reside in the United States, your agreement is with Cropolis LLC. (US).

 

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Cropolis, acceptance is expressly limited to these Terms.

 

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older. You may not use the Services if you are under 13 years of age.

 

Use of our Services requires a Cropolis.co account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

 

  1. Cropolis.co.
  • Your Cropolis.co Account.
    • Login and Password. You are responsible for any account you have with us and/or that you have access to. By using an account, you agree that you have authorized access to and use of that account. We do not have access to your current or previous passwords and are not responsible for any losses due to stolen or hacked passwords. In the event of a lost password, we may only reset your password.
    • If you create an account with Cropolis, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the order forms. You must notify Cropolis immediately of any unauthorized uses of your account, order forms, or any other breaches of security. Cropolis will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
    • Support Terms. Cropolis will provide Technical Support to you via electronic mail on weekdays during the hours of 7:00 am through 6:00 pm Eastern Standard time, with the exclusion of Federal Holidays (“Support Hours”). You may initiate a helpdesk ticket any time by emailing support@cropolis.co. Cropolis will use commercially reasonable efforts to respond to all Helpdesk tickets within one business day.

  • Responsibility of Contributors.
    If you operate an account, send out order forms, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Cropolis.co, you represent and warrant that your Content and conduct for not violate these Terms. If you delete Content, Cropolis will use reasonable efforts to remove it from Cropolis.co, but you acknowledge that caching and references to Content may not be made immediately unavailable. Content that was made previously made available to the public (for example, Order Forms distributed through email) may remain available on the Internet even after it has been deleted.
     
  • Payment and Renewal.

    • You agree to pay Cropolis any fees for each Service you purchase, according to the pricing and payment terms presented to you for that service. Where applicable, you will be billed using the billing method you select when opening an account. Changes to a billing method can be made by contacting support@cropolis.co. Fees will be charged on a pre-pay basis. Payments by you are non-refundable, except as provided in these Terms or when required by law.
    • Automatic Renewal. Unless you notify Cropolis before the end of the applicable subscription period that you want to cancel a Service, your Service subscription will automatically renew and you authorize us to collect the then application fee for such Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time by contacting support@cropolis.co.
    • Credit Cards. While you are a customer or have an outstanding balance with Cropolis, you will provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. In the event of an expiring credit card, you will replace the information for an expired card with information for a valid card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that all charges may be billed against that credit card and will not be rejected.
    • We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

  • Platform Rules.
    • You won’t send excessive or unsolicited emails, otherwise known as spam. We define spam by the definition listed on the Spamhaus website. (https://www.spamhaus.org/consumer/definition/)
    • Hateful Content. You will not send or promote any hateful content. This includes any statement, image, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment, intimidation, discrimination of any party based on race, ethnicity, sexual orientation, gender, religious affiliation, age, national origin, or disease.
    • You will, to the best of your ability, clearly and accurately describe and make available for your customers the origin and production practices of your any products that you sell through Cropolis. You will not make any attempt to obfuscate the origin of any product or the production practices, including product qualities like the party responsible for production, the growing practices used for production, the ingredients included in a product, and the qualifications (like organic), or lack thereof, of a product.
  1. E-commerce

There are certain features offered via Cropolis that enable you to sell items (primarily goods) through your Cropolis account.

  • Usage information. You are solely responsible for payment methods, terms, and collection. We act only as an intermediary between you and your customers; Cropolis is not involved in any way in payment collection. Cropolis does not provide any support for the design of payment terms and payment collection for any items sold through Cropolis.
  • Prohibited Uses. You may not use E-commerce features for any unlawful purposes, in any way that violated the Platform Rules listen in this Agreement, or in furtherance of illegal activities. We may terminate your access to any Service if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
  • Third Party Services. You may choose to set up and/or use third party services such as Stripe (www.stripe.com) to collect payment. If you do so, please be aware that some of your – and your customers’ – data may be passed to the third party, and the respective third party’s terms of service, privacy policy, and other policies may apply. Fees may be incurred for usage of a third party service per the third party’s fee for service.
  • Tax Calculations. You are responsible for all taxes and fees associated with your e-commerce activities. You must collect, report, and/or pay the correct amount to the appropriate authorities, is applicable, and if need, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some E-commerce Features allow you to include sales taxes in transactions, you should not rely solely on these features. We make our best effort to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.

  • Shipping Services.

    • We act only as an intermediary between you and your customers; we are not involved in any way with your product or its shipment.
    • You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing or distribution service. For example, if you use USPS postage, you will need to comply with these shipping restrictions and mailing standards, among others.
    • Cropolis is intended for domestic transactions (within the US). However, if any situation exists where you facilitate an international transaction, you are solely responsible for the fulfillment of import/export laws and regulations.
    • In addition, you are solely responsible for customs charges, import taxes or duties, or any charges to your shipments. If any changes are assessed against us as a result of your shipping services, you will reimburse us for the full amount within 7 days.
  • Your Responsibilities. You are solely responsible for all of your e-commerce activities, including your store, your items, its operation, all applicable taxes and fees, compliance with the Payment Card Data Security Standard (PCI DSS) and compliance with any applicable laws. Among other things, this means that:
    • You should use your best judgment when setting up your Cropolis store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
    • We are not involved in your relationships or transactions with any customer or potential customer.
    • You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints. Cropolis may provide the phone number associated with your Cropolis account on Cropolis generated invoices. Cropolis does not guarantee the accuracy of this number.
    • You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, warranties you make to them in connection with a sale.
  1. Responsibility of Visitors.
    Cropolis has not reviewed, and cannot review, all of the material posted to our Services and therefore cannot be responsible for that material’s content, use, or effects. By operating our Services, Cropolis does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy and publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Cropolis disclaims any responsibilities for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

  2. Content Posted on Other Websites.
    We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Cropolis.co links, and that link to Cropolis.co. Cropolis does not have control over those non-Cropolis websites and is not responsible for their contents or their use. By linking to a non-Cropolis website, Cropolis does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer from harmful or destructive content. Cropolis disclaims any responsibility from any harm resulting from your use of non-Cropolis websites and webpages.

  3. Third Party Services.
    You may enable services, products, software, or applications developed by a third party or yourself (“Third Party Services”) on or with your Cropolis account.If you use any Third Party Services, you understand that:
  • Third Party Services are not vetted, endorsed, or controlled by Cropolis.
  • Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
  • Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms of service and privacy policy. It is your responsibility to review the Third Party’s terms and policies before using a Third Party service.
  • Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will be handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.
  • Third Party Services may not work appropriately or as intended, and we may not be able to provide support for issues caused by any Third Party Services.
  • If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.

In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account.

  1. Copyright Infringement and DCMA Policy.
    As Cropolis asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cropolis violates your copyright, you are encouraged to notify Cropolis. Cropolis will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cropolis will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cropolis or others. In the case of such termination, Cropolis will have no obligation to provide a refund of any amounts previously paid to Cropolis.

  2. Intellectual Property.
    This Agreement does not transfer from Cropolis to you any Cropolis or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cropolis. Cropolis, the Cropolis application, cropolis.co, the Cropolis logo, and all other trademarks, service marks, graphics, and logos used in connection with Cropolis or our services, are trademarks or registered trademarks of Cropolis. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Cropolis or third party trademarks.
  3. Changes to our Services.
    We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding arbitration clause) that were in place when the dispute arose.

  4. Termination.
    Cropolis may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effectively immediately. If you wish to terminate this Agreement or your cropolis.co account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  5. Disclaimer of Warranties.
    Our Services are provided “as is.” Cropolis and its suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cropolis nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

  6. Jurisdiction and Applicable Law.
    Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Pennsylvania, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts in Pittsburgh, Pennsylvania.

  7. Limitation of Liability.
    In no event will Cropolis, or its suppliers, be liable with respect to any subject matter of this Agreement under any special contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute product; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cropolis under this Agreement during the twelve (12) month period prior to the cause of action. Cropolis shall have no liability any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  8. General Representation and Warranty.
    You represent and warrant that (i) your use of our Services will be in strict accordance with the Cropolis Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

  9. Indemnification.
    You agree to indemnify and hold harmless Cropolis, its contractors and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

  10. Changes to this Agreement.
    If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

 

This Agreement constitutes the entire agreement between Cropolis and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cropolis, or by the posting by Cropolis of a revised version.

 

You may not assign your rights under this Agreement to any party. Cropolis may assign its rights under this Agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

Congratulations! You have reached the end of our Terms of Service. Thank you for taking the time to learn about our policies.