please play by the rules

We really don't like the fact that we have to have a long, long legal document on the site, but apparently there are some mean people out there who don't like to behave, and therefore ruin the fun for everybody.

Here's a condensed list of the rules for participating on cosa verde; please be sure you read and understand them and the full terms of use agreement below:

• All sales take place between the buyer and the seller. cosa verde is not involved, and can't be held accountable for any issues that arise from any sale.
• We (unfortunately) can't guarantee the truth or accuracy of any user-generated content (e.g. listings). We also don't believe in censoring people (unless, of course, what they're doing is actually illegal,) so be aware that it is possible that you will see things you find offensive on the site.
• Please don't do anything illegal. Use your good sense, and also see the list of prohibited items and activities below. The short list: no copyright infringement, no stolen goods, no child porn. Nothing that will cause you, or us, to break the law.
• As a seller, you are responsible for maintaining your listings. Your descriptions must be truthful and your prices must match the prices on your commerce site.
• Your work must be handmade, by you, and must be environmentally-friendly in its production.
• You are responsible for taking down items within 48 hours of their sale.
• By listing an item with us, you grant cosa verde permission to use your images and content on the website or in promotion of cosa verde.
• cosa verde reserves the right to remove items or close stores without prior notice and at our sole discretion.

Terms of Use Agreement
effective january 1, 2009

By using the cosaverde.com web site (“cosa verde“ or the “Site”), a service of Super Runaway, you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement“). If you have any questions about this agreement, please contact us.

cosa verde is a Venue

cosa verde acts as a venue to allow users who comply with cosa verde’s policies to browse and advertise certain handmade goods for sale. No sales transactions or exchange of funds occur through cosa verde; all sales are handled through third-party commerce sites. cosa verde is not directly involved in the transaction between buyers and sellers. Therefore, cosa verde has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. cosa verde cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, cosa verde does not transfer legal ownership of items from the seller to the buyer. cosa verde cannot guarantee the true identity, age, and nationality of a user. cosa verde encourages you to communicate directly with potential transaction partners through the third-party sites handling the sales transactions for items showcased on the site.

You will be redirected to third-party sites to complete transactions to purchase items showcased on cosa verde. You are responsible for compliance with that third-party's terms and policies. You may be expected to create an account on the third party site to complete a transaction. cosa verde claims no affiliation with these sites, and cannot be held responsible for content found therein. It is your responsibility to read and understand all policies on third-party sites that you are referred to through cosa verde.

You agree that cosa verde, as a venue, is not responsible or liable for user-generated content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video or items. cosa verde does not pre-screen the content or information provided by users beyond an initial application to gain a showcase space. You understand that you may be exposed to material that you may find offensive or objectionable. You use the cosa verde service at your own risk.

Eligibility

In order to open an account on cosa verde, you must be 18 years or older and be able to form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with a parent or legal guardian. In such a case, the adult is the user and is responsible for any and all activities. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

User Accounts

You must keep your account information up-to-date and accurate at all times, including a valid email address.

Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify cosa verde of any unauthorized use of your password or any breach of security. You also agree that cosa verde can not and will not be liable for any loss or damage arising from your failure to keep your password and your account secure. cosa verde will never ask you for your password.

cosa verde reserves the right, in cosa verde’s sole discretion, to cancel unconfirmed or inactive accounts. cosa verde reserves the right to refuse service to anyone, for any reason, at any time.

Fees

Browsing cosa verde is free and does not require an account. Sellers pay a monthly fee (other options such as quarterly or annual packages may be available) to showcase their items on cosa verde. There are no listing or commission fees on items showcased on cosa verde. cosa verde's Fees Policy, which is subject to change, is incorporated into this Agreement by reference.

Changes to the Fees Policy are effective after cosa verde provides you with at least fourteen (14) days' notice by posting the changes on the Site. cosa verde may choose to temporarily change the fees for our services for promotional events (for example, free months for new members, or reduced rate promotions); such changes are effective when cosa verde posts the temporary promotional event on the Site. In the event cosa verde introduces a new service, the fees for that service are effective at the launch of the service.

The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.

All fees are quoted in US Dollars (USD). You are responsible for paying all fees associated with using cosa verde. In accordance with our Privacy Policy, cosa verde does not keep your credit card information on file. You are required to pay your fees through secure third-party systems. A "month" is considered a 30-day cycle based on the date the you initially opened your store, not a calendar month. In ample advance (not less than one week) of the due date of your next payment, you will be sent a notification via e-mail to renew your service. If your account is not paid in full before your current subscription is due to expire, your showcase will be deactivated and will no longer be visible on the site. You may reactivate your showcase at any time by renewing your account. cosa verde retains the right to close accounts that have been inactive for a long period of time, to be determined at the sole discretion of cosa verde.

Item Listings

By listing an item on the Site you warrant that you and all aspects of the item comply with cosa verde’s policies. You also warrant that you may legally sell the item. You must accurately describe your item in your cosa verde showcase. Your listings may only include text descriptions, images and other content relevant to the sale of that item. The price stated in each item listing description must be the same as the price listed for the item on your third-party commerce site. cosa verde reserves the right to refuse service to sellers if we receive complaints of misrepresentation of price or misleading item descriptions or images.

Prohibited Items and Activities

You are solely responsible for any and all data, text, information, usernames, images, profiles, items and links (together, “Content”) that you submit, post or display on cosa verde.

You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you agree to comply with cosa verde’s policies as stated in this Agreement.

Restricted Activities: Your Content and your use of cosa verde shall not:

• Be false, inaccurate or misleading
• Be fraudulent or involve the sale of illegal, counterfeit or stolen items
• Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. You agree to be held responsible for any and all legal fees resulting from a claim of copyright infringement or the involvement of the DMCA.
• Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or violate any part of this Agreement
• Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
• Be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities, impersonate or intimidate any person (including cosa verde staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
• Contain child pornography
• Contain or transmit any code or computer programming routines of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• Create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• Host images not part of a listing
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of cosa verde and the appropriate third party, as applicable
• Modify another website so as to falsely imply that it is associated with cosa verde;
• Link directly or indirectly, reference or contain descriptions of goods or services that violate any applicable law, statute, ordinance or regulation that violate any applicable law, statute, ordinance or regulation are prohibited under this Agreement or other policy documents as posted on cosa verde.

Furthermore, you may not list any item on cosa verde (or consummate any transaction that was initiated using cosa verde’s service) that, by paying to cosa verde the subscription fee, could cause cosa verde to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

cosa verde does not claim ownership rights of your Content. You grant cosa verde a license solely to enable cosa verde to use any information or Content that you supply cosa verde with, so that cosa verde is not violating any rights you might have in that Content. You grant cosa verde a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow cosa verde to store or re-format your Content on cosa verde and display your Content on cosa verde or in promotion of cosa verde in any way cosa verde chooses. cosa verde will only use personal information in accordance with cosa verde's Privacy Policy.

By posting Content on cosa verde, it is possible for an outside website or a third party to re-post that Content. You agree to hold cosa verde harmless for any dispute concerning this use. If you choose to display your own cosa verde-hosted image on another website, the image must provide a link back to its listing page on cosa verde.

Information Control

cosa verde does not control the Content provided by users that is made available on cosa verde. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using cosa verde, you agree to accept such risks and that cosa verde is not responsible for any and all acts or omissions of users on cosa verde.

cosa verde is not responsible for the availability of outside websites or resources linked to or referenced by the Site. cosa verde does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that cosa verde shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes

In the event that a dispute arises between you and cosa verde, please contact cosa verde immediately.

Release

Should you have a dispute with one or more users, or an outside party, you release cosa verde (and cosa verde's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Furthermore, you agree to release cosa verde (and cosa verde's affiliates, officers, directors, agents, subsidiaries, joint venture partners and employees) from any and all liability and obligations whatsoever in connection with, or arising from, your use of cosa verde. If at any time you are not happy with the Website or the services provided therethrough or object to any Content, your sole remedy is to cease using the site.

Intellectual Property

cosa verde and cosa verde's graphics, logos, designs and service names are trademarks or trade dress of Super Runaway. cosa verde's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Breach

Without limiting any other remedies, cosa verde may, without notice, and without refunding any fees, immediately remove Content, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account or take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

cosa verde suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents incorporated herein; cosa verde is unable to verify or authenticate any of your personal information or Content; Or cosa verde believes that a user is acting inconsistently with the letter or spirit of cosa verde’s policies, has engaged in improper or fraudulent activity in connection with cosa verde or the user's actions may cause legal liability or financial loss to cosa verde's users or to cosa verde.

Privacy

cosa verde does not store any personal information beyond your email address on the site. As detailed in our Privacy Policy, cosa verde will not share or sell that information with any outside party, ever, under any circumstances; we can't emphasize that enough.

No Warranty

COSA VERDE, COSA VERDE'S PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE COSA VERDE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COSA VERDE, COSA VERDE'S PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COSA VERDE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

Liability Limit

IN NO EVENT SHALL COSA VERDE, AND (AS APPLICABLE) COSA VERDE'S PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, COSA VERDE’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

COSA VERDE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF COSA VERDE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COSA VERDE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD COSA VERDE (AND AS APPLICABLE, COSA VERDE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

cosa verde does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside cosa verde’s control.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of cosa verde’s service and your listing and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and cosa verde are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

cosa verde Service

cosa verde reserves the right to modify or terminate the cosa verde service for any reason, without notice, at any time. cosa verde reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, cosa verde will notify you via email to the email address in your account. What constitutes a "material change" will be determined at cosa verde's sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New Jersey and disputes arising under this Agreement will be adjudicated by the courts of the State of New Jersey.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to cosa verde; 440 West 8th Street, Apt 1R; Plainfield, NJ 07060 (in the case of cosa verde) or, in your case, to the email address you provide to cosa verde (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Disclosures

The services hereunder are offered by cosa verde, located at 440 West 8th Street, Apt 1R; Plainfield, NJ 07060. If you are a New Jersey resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

This Agreement is effective upon your first use of the Website.