Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY CROWNBOX LLC ("CROWNBOX"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.CROWNBOX.COM (THE "SITE") AND SERVICES PROVIDED BY CROWNBOX (COLLECTIVELY, THE "SERVICES").

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

Effective June 1, 2015: the Agreement is between you and Crownbox LLC, if you reside in North America or South America.

1. Crownbox is a Marketplace

Crownbox acts as a marketplace to allow users who comply with Crownbox's policies to offer, sell and buy certain goods within a fixed-price format. Crownbox is not directly involved in the transaction between buyers and sellers. As a result, Crownbox 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. Crownbox does not pre-screen users (except for services that require an application) or the content or information provided by users. Crownbox cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Crownbox does not transfer legal ownership of items from the seller to the buyer.

Crownbox cannot guarantee the true identity, age, and nationality of a user. Crownbox encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party services that provide additional user verification.

You agree that Crownbox is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Crownbox. You use the Crownbox service at your own risk.

2. Membership Eligibility

Age: Crownbox's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Crownbox may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Crownbox's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Crownbox's policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Crownbox, each of which may be updated by Crownbox from time to time without notice to you.

In addition, some services offered by Crownbox may be subject to additional terms and conditions promulgated by Crownbox from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: 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 Crownbox of any unauthorized use of your password or any breach of security. You also agree that Crownbox cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Crownbox without Crownbox's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Crownbox you must provide and maintain valid payment information such as valid Braintree account.

Account Transfer: You may not transfer or sell your Crownbox account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Account Administration: Crownbox allows account administrators to add additional users. You are responsible for all the actions of your users. You agree to hold Crownbox harmless for the actions of your user accounts.

Right to Refuse Service: Crownbox's services are not available to temporarily or indefinitely suspended Crownbox members. Crownbox reserves the right, in Crownbox's sole discretion, to cancel unconfirmed or inactive accounts. Crownbox reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees, Billing and Payment

Joining and setting up a shop on Crownbox is free. Crownbox charges a percentage of the sale price or a minimum transaction charge (whichever is greater) when the item sells. Crownbox's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Crownbox's services are effective after Crownbox provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Crownbox may choose to temporarily change the Fees Policy and the fees for Crownbox may, at Crownbox's sole discretion, change some or all of Crownbox's services at any time. In the event Crownbox introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).

In certain situations, including but not limited to a void or invalid transaction, Crownbox may issue a credit for the applicable fees to a seller's billing statement.

You are responsible for paying all fees and applicable taxes associated with using Crownbox. Crownbox provides plans for automatic bill payment. Crownbox automatically deducts fees from sales. In the event that the seller has a negative balance Crownbox will send an invoice to the seller’s email address on file detailing the amount due for the prior month’s fees. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.

Crownbox Fees: Sellers pay a fee of 6% on each item sold. Items have a per-item minimum referral fee of $2.00 (i.e., sellers pay the greater of the referral fee percentage or the per-item minimum referral fee).

The table below describes the referral fees and variable closing fees by category.

  Item price
+ Shipping charges paid by the buyer
+ Sales tax paid by the buyer
- Referral fee (calculated on the item price, shipping and sales tax)
-------------------------------------
= Total deposited to seller account
Product Type Fee Percentage
Digital CAD/CAM Product 6% (or $2.00 whichever is greater)

Payment Processing: Crownbox uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.

Fees and Termination: If Crownbox terminates a listing or your account, if you close your account, or if the payment of your Crownbox fees cannot be completed for any reason, you remain obligated to pay Crownbox for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Crownbox.

Returns and Refunds: You will accept and process returns, refunds and adjustments. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with your transactions, using functionality we enable for your account, and will route all such payments through Braintree. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.

Transaction Processing Service facilitates the purchase of Seller items listed on the Site. Sales Proceeds are credited to a registered Seller's Payment Account, and funds are periodically transferred to the Seller's designated bank account ("Seller's Account"). When a Buyer instructs us to pay you, you agree that the Buyer authorizes and orders us to commit the Buyer's payment to you (less any applicable fees or other amounts we may collect under this Participation Agreement). You agree that Buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to Crownbox, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement. Seller will resolve any dispute directly with Buyer or with the assistance of Crownbox and not through the Transaction Processing Service. You must provide us true and accurate information when registering and must maintain and update that information as applicable.

Sales Proceeds can be credited only to bank accounts in the United States.

c. The Transaction Processing Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate credits to Seller's Account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Participation Agreement, a "Business Day" is a Monday through Friday, excluding federal banking holidays. We will inform you of each completed transaction using our standard procedures. In addition, you can access your Transaction Processing Service transaction information online in your Payment Account.

d. You may provide refunds or adjustments to Buyers for Your Transactions through Crownbox using functionality enabled for your account. You will have up to 14 days to issue a full refund through the Crownbox application. After this timeframe the Buyers funds will be deposited into the Seller account and no longer available to be refunded. This functionality may be modified or discontinued by us at any time without notice and is subject to the limitations in the terms of this Participation Agreement. You may not create invoices for Your Transactions.

e. All balances for a given pay period will be reflected in the Payment Account summary. We will initiate a credit to Seller's Account on a rolling 14-day cycle ("Payment Date") based on the original date of Seller's registration with the Service or on the next Business Day if the scheduled Payment Date falls on a non-Business Day.

f. Transfers to the Seller's Account will generally be credited within five Business Days of the date we initiate the transfer. On occasion, we may send Seller a paper check instead of an electronic credit to Seller's Account. We will do so, for instance, if Seller's bank will not accept an electronic credit to Seller's Account.

g. As a security measure, we or our affiliates may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Neither we nor our affiliates will be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us or our affiliates for a security reason, or (ii) if we or our affiliates permit a Buyer to withdraw from a transaction because the Transaction Processing Service is unavailable following the commencement of a transaction.

h. If we or our affiliates reasonably conclude based on information available to us or our affiliates that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Participation Agreement until the completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Participation Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.

4. Listing and Selling

Listing Description: All listings on Crownbox must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Crownbox's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Crownbox shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their Crownbox shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Crownbox's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Crownbox reserves the right to request that a seller modify a shop policy.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Crownbox transaction fees, misrepresent the item's location, or use another user's account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Crownbox and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Crownbox.

Restricted Activities: Your Content and your use of Crownbox shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. Crownbox Guidelines, Seller Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  4. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
  5. 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
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Crownbox 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
  7. Interfere with a seller’s business or shop
  8. Take any action that may undermine online reviews or feedback
  9. Be obscene or contain child pornography
  10. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  11. Host images not part of a listing
  12. Modify, adapt or hack Crownbox or modify another website so as to falsely imply that it is associated with Crownbox;
  13. Appear to create liability for Crownbox or cause Crownbox to lose (in whole or in part) the services of Crownbox's ISPs or other suppliers
  14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, Crownbox Guidelines, or other policy documents as posted on Crownbox.

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

6. Content

License: Crownbox does not claim ownership rights in your Content. You grant Crownbox a license solely to enable Crownbox to use any information or Content you supply Crownbox with, so that Crownbox is not violating any rights you might have in that Content. You grant Crownbox a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) 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 Crownbox to store, translate, or re-format your Content on Crownbox and display your Content on Crownbox in any way Crownbox chooses. Crownbox will only use personal information in accordance with Crownbox's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Crownbox user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Crownbox-related communications. Crownbox has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Crownbox user to your email or physical mail list. For more information, see Crownbox's Privacy Policy.

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

Idea Submissions: Crownbox considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Crownbox shall not be liable for the disclosure or use of such Material. If, at Crownbox's request, any member sends Material to improve the site (for example through the Forums or to customer support), Crownbox will also consider that Material to be non-confidential and non-proprietary and Crownbox will not be liable for use or disclosure of the Material. Any communication by you to Crownbox is subject to this Agreement. You hereby grant and agree to grant Crownbox, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

7. Information Control

Crownbox does not control the Content provided by users that is made available on Crownbox. 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 Crownbox, you agree to accept such risks and that Crownbox (and Crownbox's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Crownbox. Please use caution, common sense, and practice safe buying and selling when using Crownbox.

Other Resources: Crownbox is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Crownbox 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 Crownbox 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.

8. Meetings

Users may use the Services to arrange, host and attend online or in-person meetings or events ("Meetings") with one or more individuals. Users must comply with Crownbox's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person.

Crownbox is not responsible for and does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand and agree that Crownbox does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Groups or User Fees: Some user-generated groups on Crownbox may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. CROWNBOX IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO CROWNBOX; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY CROWNBOX, AND CROWNBOX HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT CROWNBOX IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, CROWNBOX USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.

9. Resolution of Disputes and Release

Disputes with Crownbox: In the event a dispute arises between you and Crownbox, please contact Crownbox. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Crownbox agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Crownbox encourages you to contact the user or third party to resolve the dispute amicably.

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Crownbox, they may choose to participate in Crownbox’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Crownbox. Crownbox provides its dispute resolution process for the benefit of users. Crownbox does so in Crownbox's sole discretion, and Crownbox has no obligation to resolve disputes between users or between users and outside parties. To the extent that Crownbox attempts to resolve a dispute, Crownbox will do so in good faith based solely on Crownbox's policies. Crownbox will not make judgments regarding legal issues or claims.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

You release Crownbox (and Crownbox'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 disputes with one or more users, or an outside party.

10. Crownbox's Intellectual Property

CROWNBOX, and other Crownbox graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Crownbox, Inc. in the U.S. and/or other countries. Crownbox'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.

11. Access and Interference

Crownbox may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Crownbox is updated on a real-time basis and is proprietary or is licensed to Crownbox by Crownbox's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Crownbox for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Crownbox's Terms of Use or otherwise without Crownbox's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Crownbox's sole discretion, an unreasonable or disproportionately large load on Crownbox's infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in Crownbox Guidelines from the Site except to the extent expressly permitted by and in compliance with Crownbox's API Terms of Use or otherwise without the prior express written permission of Crownbox and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass Crownbox's robot exclusion headers or other measures Crownbox may use to prevent or restrict access to Crownbox

12. Breach

Except as provided in Crownbox's Privacy Policy Crownbox will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Crownbox stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

Crownbox uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Crownbox website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page.

14. No Warranty

CROWNBOX, CROWNBOX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CROWNBOX'S SUPPLIERS PROVIDE CROWNBOX'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CROWNBOX, CROWNBOX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CROWNBOX'S 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 CROWNBOX SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Liability Limit

IN NO EVENT SHALL CROWNBOX, AND (AS APPLICABLE) CROWNBOX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CROWNBOX'S 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, CROWNBOX'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

CROWNBOX'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CROWNBOX'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 CROWNBOX 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.

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD CROWNBOX AND (AS APPLICABLE) CROWNBOX'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.

17. No Guarantee

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

18. Legal Compliance; Taxes

Seller Taxes. Seller shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on Crownbox's net income). You agree that it is the Seller's responsibility to determine whether seller taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Crownbox is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

No Guarantee of Tax Rate Accuracy: Any tax rates provided by Crownbox in connection with the sales tax services are provided “as-is”, Crownbox makes no representations, warranties, covenants, or promises, regarding the accuracy of any such rates, and you agree to indemnify, defend and hold Crownbox harmless against any claims, lawsuits, damages, costs, or fees, including attorneys’ fees, that arise from or result from your use of any such rates.

19. 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.

20. No Agency

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

21. Crownbox Service

Crownbox reserves the right to modify or terminate the Crownbox service for any reason, without notice, at any time. Crownbox reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Crownbox makes a material change Crownbox will notify you here, by email, by means of a notice on our home page, or other places Crownbox deems appropriate. What constitutes a "material change" will be determined at Crownbox's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.

23. Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (Crownbox's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.

24. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Crownbox; Attn: Legal Department; 20421 Pacifica Drive; Cupertino, CA 95014 (in the case of Crownbox) or, in your case, to the email address you provide to Crownbox (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. Alternatively, Crownbox may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Crownbox. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in Crownbox's Copyright and Intellectual Property Policy.

25. Disclosures

The services hereunder are offered by Crownbox LLC, located at 20421, Pacifica Drive; Cupertino, CA 95014.