Terms & Conditions

Katchy Merchants are Independent Businesses  

Any business that is approved and run by someone over the age of 18 can open a shop on Katchy. 

Katchy shops have their own policies, and shipping and fulfillment methods. Shops on Katchy must meet Katchy’s standards of customer service and honor their shop’s policies. In the unlikely event that a transaction does not go as planned, the buyer and seller should work together to reach a resolution.

Katchy’s support team may reach out to shops in violation of these guidelines. While we prefer to help you bring your shop into compliance with our rules, Katchy may remove shops that do not comply. 

We reserve the right to remove listings or other content that are not in the letter or spirit of Katchy’s guidelines.

 

Merchants Guidelines

Maintain a Transparent Shop  

Our marketplace is built on trust. It’s important that you represent yourself, your business, and your items accurately.

·         Be sure to fill out your shop’s Store Description.

·         Items must be accurately represented in listings and listing photos. 

·         Respect the intellectual property of others. If you feel someone has violated your copyright, you can report it to Katchy.

·         Do not engage in fee avoidance. 

·         Do not sell prohibited items. 

·         Provide great customer service  

·         By meeting Katchy’s standard of customer service, you are able to provide the best experience for buyers.

·         Honor your shipping and processing times.

·         Respond to customers in a timely manner. 

·         Explain your shop’s policies clearly and honor those commitments. 

·         Try to work out disagreements or disputes directly with the buyer.

·         If you are unable to complete an order, you must notify the buyer and cancel the order.

 

Buyer Guidelines

When you buy from a shop on Katchy, you’re directly supporting an independent business. Because each shop on Katchy is unique, policies, processing times, and shipping methods will vary from shop to shop. If you have a question about an item or an order, you should contact the shop directly using their contact information. 

We ask that shops meet Katchy’s standards of customer service and honor their own policies.

In order to have the best experience on Katchy, be sure to read shop policies and listings carefully. Keep in mind that we do not protect transactions that are completed on individual shop websites.

 

Terms of Use

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

By using the Site 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 Site, including without limitation users who are vendors, customers, merchants, and contributors of content, information and other materials or services on the Site.

1. Katchy is a Venue

Katchy acts as a venue to allow users who comply with Katchy's policies to offer, sell and buy certain goods within a fixed-price format. Katchy is not directly involved in the transaction between buyers and sellers. As a result, Katchy 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. Katchy cannot ensure that a buyer or seller will actually complete a transaction.

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

Katchy cannot guarantee the true identity, age, and nationality of a user. Katchy encourages you to communicate directly with potential transaction partners.

You agree that Katchy is a venue 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 Katchy. You use the Katchy service at your own risk.

2. Membership Eligibility

Age: Katchy’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. Katchy may, in its sole discretion, refuse to offer access to or use of the Site 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 Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Katchy'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 Katchy'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 Katchy, each of which is incorporated herein by reference and each of which may be updated by Katchy from time to time without notice to you. 

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Katchy 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 Katchy of any unauthorized use of your password or any breach of security. You also agree that Katchy 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 Katchy without Katchy'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.

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

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

3. Fees and Billing

In certain situations, including but not limited to a void or invalid transaction, Katchy 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 to Katchy.

Fees and Termination: If Katchy terminates a listing or your account, if you close your account, or if the payment of your Katchy fees cannot be completed for any reason, you remain obligated to pay Katchy for all unpaid fees plus any penalties, if applicable. If the merchant'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 Katchy Billing at billing@katchy.com.

4. Listing and Selling

Listing Description: All listings on Katchy must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Katchy's published policies. You also warrant that you may legally sell the item. You must accurately describe your item. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. 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 must outline their shop policies on their individual website. These policies may include, for example, shipping, returns, and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Katchy's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies.

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.

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 Katchy commission fees, misrepresent the item's location, or use another user's account without permission.

5. Shipping Policy

Katchy does not ship any item, but encourages every shop to fulfill their orders within a reasonable timeframe.  A shop may use their preferred carrier to ship their products.  Every individual shop is responsible for setting prices and shipping their products on time without the assistance of Katchy.  Katchy is not responsible for this process. 

6. Return and Exchange Policy

Katchy does not accept returns or exchanges.  Although Katchy does not accept returns or exchanges, individual shops may offer, and are encouraged to offer returns and exchanges with their own shop policies.  Katchy is not responsible for this process and it is up to the individual shops and buyers to coordinate returns and exchanges. 

7. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to Katchy 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 the Site.

Restricted Activities: Your Content and your use of the Site 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

4. Violate this Agreement, Katchy 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)

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 Katchy 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 the Site or modify another website so as to falsely imply that it is associated with Katchy

13. Appear to create liability for Katchy or cause Katchy to lose (in whole or in part) the services of Katchy'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, Katchy Guidelines, or other policy documents as posted on Katchy

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

8. Content

License: Katchy does not claim ownership rights in your Content. You grant Katchy a license solely to enable Katchy to use any information or Content you supply Katchy with, so that Katchy is not violating any rights you might have in that Content. You grant Katchy a nonexclusive, 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 Katchy to store, translate, or re-format your Content on the Site (this includes images, content and blog posts) and display your Content on the Site or marketing (this includes social media, blog posts, newsletters and any other form of advertisement) in any way Katchy chooses. From time to time, we will request the use of images and content from our Merchants websites for marketing purposes.  Katchy will only use personal information in accordance with Katchy's Privacy Policy.

Katchy has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Katchy user to your email or physical mail list. For more information, see Katchy's Privacy Policy.

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

Idea Submissions: Katchy considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and nonproprietary, and Katchy shall not be liable for the disclosure or use of such Material. If, at Katchy's request, any member sends Material to improve the site, Katchy will also consider that Material to be non-confidential and non-proprietary and Katchy will not be liable for use or disclosure of the Material. Any communication by you to Katchy is subject to this Agreement. You hereby grant and agree to grant Katchy, 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.

9. Information Control

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

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

10. Resolution of Disputes and Release

Disputes with Katchy: In the event a dispute arises between you and Katchy, please contact Katchy Support at support@katchy.com. 

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

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

You release Katchy (and Katchy'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. 

11. Katchy's Intellectual Property

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

12. Access and Interference

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

1. Take any action that imposes, or may impose, in Katchy's sole discretion, an unreasonable or disproportionately large load on Katchy'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 Katchy Guidelines from the Site except to the extent expressly permitted by and in compliance with Katchy's API Terms of Use or otherwise without the prior express written permission of Katchy 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 Katchy's robot exclusion headers or other measures Katchy may use to prevent or restrict access to the Site

13. Breach

Without limiting any other remedies, Katchy may, without notice, and without refunding any fees, delay or immediately remove Content, warn Katchy's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and 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:

·         Katchy suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, Katchy Terms and Conditions, or other policy documents and community guidelines incorporated herein;

·         Katchy is unable to verify or authenticate any of your personal information or Content; or Katchy believes that a user is acting inconsistently with the letter or spirit of Katchy's policies, has engaged in improper or fraudulent activity in connection with Katchy or the actions may cause legal liability or financial loss to Katchy's users or to Katchy.

·          Katchy reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on the Site.

14. Privacy

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

15. No Warranty

KATCHY, KATCHY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE KATCHY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KATCHY, KATCHY'S 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 KATCHY 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.

16. Liability Limit

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

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

17. Indemnity

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

18. No Guarantee

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

19. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Katchy service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items (excluding any taxes on Katchy's net income).

20. 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.

21. No Agency

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

22. Katchy Service

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

23. Choice of Law

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

24. Data Collection

Katchy reserves the right to use and sell analytic data that is collected on the Site and through each merchant’s website analytic data (including Google Analytics).  Polls and information gathered by Katchy are also subject to be used in conjunction with analytic data.

25. Marketing

As a merchant, Katchy will work to market products and shops that are on the Site.  Katchy reserves the right to use pictures and information that is on the Site.  Merchants will also be asked to provide additional pictures and information that is not on the Site for marketing purposes.  By using the Site, merchants agree to allow Katchy to use any provided information for marketing purposes (both paid and unpaid services).

As a Katchy merchant, you are granting permission to Katchy and all Katchy subsidiaries (Katchy) to use all images (photographs and/or videos) and content (blogs) for use in Katchy publications including videos, email blasts, brochures, newsletters, magazines and all other forms of media and analytics, to use merchant media in electronic versions of the same publications or on the Katchy website or other electronic forms of media. Katchy merchants waive any right to inspect or approve the finished electronic matter that may be used in conjunction with them now or in the future, whether that use is known or unknown, and all merchants waive any right to royalties or other compensation arising from or related to the use of the image.

Effective Date: January 1, 2018

 

Copyright and Intellectual Property Policy

Katchy, LLC. ("Katchy") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Katchy will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Katchy's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

Katchy may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Katchy removes or disables access in response to such a notice, Katchy will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.

A. Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Katchy.

If you believe that material residing on or accessible through the Katchy web site or service infringes a copyright or other intellectual property right, to provide Katchy of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to support@katchy.com). Please specify the type of infringement at issue and the notice must include the following information:  

1. A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);

2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);

3. Identification of the material on the Site that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Katchy is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);

4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Katchy on the owner's behalf, the address, telephone number and email address;

5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing material from the site, Katchy will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.

B. Removal of Allegedly Infringing Material

Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Katchy may remove or disable access to the material infringing upon the intellectual property. If Katchy removes or disables access to content in response to an infringement notice, Katchy will make reasonable attempts to notify the Member that Katchy has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Katchy will terminate such Members’ access to the service.

C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:

If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Katchy.

If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.  

1. Your signature (signatures may be provided electronically by typing your name);

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

3. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;

4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which Katchy is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, Katchy may send a copy of the counter-notice to the original complaining party informing that person that Katchy may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Katchy’s discretion.

Please contact Katchy’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email support@katchy.com.

 

Fees Policy

Merchant partnership fees are collected separate from the Site and in accordance with the Recurring Payment Authorization from PayPal.  Katchy will automatically collect funds through PayPal upon initial signup and recur every 30 days.  Katchy assumes that 30 days is equal to 1 month.  If a Merchant changes their partnership fee before the end of their 30 day cycle, the new plan will not go into effect until the beginning of their new 30 day cycle. If a Merchant chooses to deactivate their shop, the PayPal recurring billing agreement is still in effect with Katchy although the payments will be suspended. This is to allow Merchants to subscribe again more easily. If a Merchant wants to cancel the recurring agreement, they must do so with PayPal. For questions about changing or canceling your partnership fee, please contact the Katchy billing department at billing@katchy.com. 

 

Affiliate Program

The optional Affiliate Network is available to any Katchy Merchant. Referral credit is given to each merchant or affiliate that leads to the sale of a merchant product or leads to the signup of a new merchant. Katchy operates as an Affiliate, as Chloe Williams, in our paid and unpaid marketing.  Please review our Affiliate Policies for more information.

 

Marketplace Terms of Use

1. Overview

a. Katchy helps facilitate marketplace transactions and is not the purchaser of the Seller's goods. See the Katchy Terms of Use for more information.

b. The marketplace is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance.

c. We may refuse service to anyone, for any reason, at any time.

2. Payment Transactions

All payment transactions between the user and merchant are the responsibility of each individual merchant.  Katchy is not involved in the transaction of the goods or payment processing.

3. Website Development

Katchy develops many of our merchant’s websites using the Shopify platform.  Each merchant must agree to all of Shopify’s terms and conditions and run their shop as an independent business.  All payments and fees are separate from Katchy.  When Katchy builds a new merchant website, that website is the intellectual property of Katchy.  If a merchant decides to leave Katchy, the merchant will not retain the rights to use the website built by Katchy.

4. Miscellaneous

All notices will be sent by e-mail or will be posted on the Site or by any other means then specified by Katchy. We will send notices to Registered Seller at the e-mail address maintained in Katchy’s records for Registered Seller. Registered Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us and otherwise agrees to the notification clause in the Katchy Terms of Use. Registered Seller will send notices to Katchy using the functionality for contacting Katchy provided in our Terms and Conditions.

 

Katchy's Trademark Guidelines

We here at Katchy support and encourage ideas, services, and tools that use and supplement the Katchy services; however, we are also serious about protecting our reputation and brand identity.

To help us achieve this goal, we have created these guidelines to help Katchy members, Katchy Teams, and others refer to us or our services without compromising the strength of our trademarks or our brand identity. In other words, these guidelines only concern the use of Katchy’s intellectual property (for example, the use of the term "Katchy”). For issues regarding any intellectual property which is not exclusively owned by Katchy, LLC. please refer to Katchy’s Copyright and Intellectual Property Policy.

 

Trademark Basics

A trademark is a word, name, symbol or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. The word "Katchy” and other Katchy graphics, logos, designs, page headers, button icons, scripts, and service names (together, the "Katchy Marks”) are registered trademarks, trademarks or trade dress of Katchy, LLC. in the U.S. and/or other countries.

Why must Katchy Protect the Katchy Marks? Katchy must be able to assure Internet users and others that only the services offered, sponsored, or endorsed by Katchy actually bear the Katchy Marks. Trademark law requires that we not only protect against improper use of the Katchy Marks, but also protect against the use of confusingly similar marks.

Using the Katchy Marks

In order for you to help us protect the Katchy Marks, we ask the following:

DO:

• Do make fair use of Katchy’s Marks. Katchy supports free speech and you do not need permission to make legitimate commentary about Katchy, the company, or Katchy’s services. • Do distinguish the Katchy Marks from surrounding text by, for example, capitalizing the first letter of the Katchy Marks. • Do spell the Katchy Marks properly.

DO NOT:

 

• Do not say things about Katchy you know are not true. • Do not incorporate the Katchy Marks or a confusingly similar mark into, for example, the name of your business, organization, non-profit organization, event, or trademark. • Do not remove, alter, distort or modify the Katchy Marks, including adding other terms to the Katchy Marks to create new words. • Do not use the Katchy Marks or a confusingly similar mark in a way that falsely implies a relationship or affiliation with, sponsorship, or endorsement by Katchy, LLC. or that can be reasonably interpreted to suggest information comes from, or represents the views or opinions of Katchy, LLC. or a Katchy employee. • Do not, without prior permission, use the Katchy Marks in a product.  • Do not use any trademarks, service marks, trade dress, designs or logos that are confusingly similar to the Katchy Marks or the look and feel of the Katchy website. • Do not use the Katchy Marks in any way or on any website that contains or promotes adult content, gambling, or otherwise violates applicable law or regulation. • Do not use the Katchy Marks in a manner that is in Katchy’s sole opinion misleading, unfair, defamatory, infringing, libelous, disparaging, tarnishing, obscene or otherwise objectionable to Katchy. 

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