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This website is operated by Toffu, Co. (mentioned as “Archade”) registered in the State of New Jersey with the registered office at 12 Daniel RD #318-T1, Fairfield, NJ 07004
By using the website, creating an account, and/or checking the "I agree" button (or a similar button implying you are approving), the customer agrees and declares that s/he has already read the Terms of Services entirely and understands the content of the Agreement completely and approve all the provisions
1. Acceptance of the Agreement
If you do not agree to all of the terms and conditions contained in the Terms of Services, do not access or use this Site.
1.1 Archade holds the right to change these Terms of Services from time to time. Your continued access or use of the Site constitutes your acceptance of such changes.
2.1 Site: States the website formed of the www.archade.co zone name and of the subzone names subjected to this zone name and through which the value-added services which are formed in connection with this site are provided.
2.2 User: States the real and regal entities who access the Site online and who benefit from the Services that are provided within the conditions that are specified in this Agreement.
2.3 Buyer: States the User who signed up on the Site and whose Membership is approved and who buys the products over the Site.
2.4 Creator: States the registered users who provide Content or Product to Us to upload, sell and market Content or Product to Archade Buyers and/or Users.
2.5 Content: States (Including but not limited to) All kinds of visual, literary, and auditory images such as all kinds of designs, logos, signs, information, files, pictures, music, numbers, and others which are published on the Site or to which the access is available.
2.6 Product: States all kinds of additional products and/or services that are being sold by the Site.
3. The Subject And The Scope of The Agreement
3.1 The subject of this agreement is the determination of the services that are provided on the site, the conditions for benefitting from these services, and the rights and responsibilities of the parties. The scope of this agreement is all kinds of declarations such as warnings, writings, and explanations that are made by Archade with regard to the use within the Site, to the membership, and to the services through the scope of this Agreement, this Agreement itself and its annexes.
4. The Membership Conditions
4.1 The membership is completed upon the completion of the membership forms that are necessary in order to be a Buyer or User of the Site by the people who want to be a Member from the related sections of the Site; the entrance of the identification information, approval of the correctness of all kinds of information requested for the membership; carrying out the registration transactions by means of paying the price in the cases which the membership is subject to a price and the approval of the registration transactions by Archade. The people whose membership transactions are not completed cannot obtain the membership quality that is specified in this Agreement.
4.2 In order to be able to be a member of the site, it is necessary to be of full age, to be authorized to represent and bind the legal entity for the legal entity members, and the membership should not be previously suspended or canceled within the scope of this agreement by Archade. The people who are not of full age and the legal entities whose application is made by the people not having the representation and binding authority, the people whose membership is temporarily suspended, and the people whose membership is canceled cannot benefit from the rights of membership even if their Site Member registration transactions are completed.
4.3 Archade always can terminate this Agreement unilaterally without needing any reason and without making any notification in a way that it will immediately be effective and can cancel the membership of the Member. The termination or the cancellation of the membership in this way does not in any way impose any liability against Archade to pay any indemnity. Archade, in the cases deemed necessary, has the right to cancel or suspend the membership of a member even without terminating this Agreement. Including these cases but not limited to these, if Archade reaches the conclusion that the provisions of this agreement and the rules of the Site are not followed and that any transaction carried out by the Member poses a risk at any time legally or in terms of the information security of Archade, Site and/or the Members or damages or will be able to damage the commercial interests of Archade, it can decide upon one of the choices among the termination of this Agreement, suspension of the Membership or the cancellation of the membership, which are specified in this article and can apply them.
5. Creator Content & Product
5.1 Some areas on the Site allow Creators to post content. Any such material a Creator submits is User Content & Product.
5.2 Archade makes reasonable efforts in guaranteeing the lawfulness of the Creator Content & Product. However, Archade cannot monitor or control all Creator’s Content & Product. Therefore, the User acknowledges and agrees that the Archade shall not be responsible for evaluating the originality, the non-infringement of third-party rights, or the lawfulness of the Creator’s Content & Product.
5.3 Archade is not responsible for the quality, suitability, safety, or availability of any of the Content & Product provided by the Creators.
5.4 Archade’s responsibility is solely hosting the Creator’s Content & Product and, therefore, it has no obligation to edit, select, check, or control the Creator’s Content & Product nor does it guarantee, approve or necessarily agree with the Creator’s Content or Product.
6. Rights And Responsibilities
6.1.1 The member, while carrying out the membership transactions, benefitting from the Services and while carrying out any transaction with regard to the Service, accepts that s/he will act in compliance with all the provisions existing in this Agreement, with the rules/declarations specified with regard to the Services from which the members benefit on the related sections of the site and with all the legislation in force, that s/he read, understood and approved all rules and conditions written herein.
6.1.2 The Member, within the cases in which Archade is liable to make explanations to the official authorities as per the imperative legislation provisions in force, accepts that Archade will be authorized to explain the secret/private/commercial information belonging to the users to the official authorities in the event that this information is requested by the official authorities and that no indemnity will be demanded from himself/herself for this reason regardless of any name under. Besides, upon the Member’s application to Archade by claiming that his/her rights are violated by the third parties with regard to the materials that the Member published on the site and that s/he will go to law or in the event that it is notified to Archade that one of the parties wishes to go to law on the conflicts between the members, Archade has the right to share the Member Information of the member with the opposing party.
6.1.3 The member is responsible for the protection of the Membership Information safely, for ensuring that this information is only used by him/her, and for keeping them from third parties. The member, because of the mistakes and negligence on this matter, is responsible for the losses that Archade, other members, and the third parties will suffer.
6.1.4 The members declare and undertake that the information within the site provided by him/her is true and legal and that the publication of the information in question over the internet will not create any contradiction to the law in accordance with the legislation in force. Archade cannot be enjoined for investigating the correctness of the information which is directly submitted to itself by the Member or provided, amended, or uploaded by itself over the Site and for assuring or undertaking that this information is reliable, true, and legal. Also, it cannot be held responsible for any loss that can arise on account of the fact that such information is contradictory to law, incorrect or faulty, or that it is published.
6.1.5 The member, without the written consent of Archade, cannot transfer this Agreement or his/her rights and responsibilities within the scope of this Agreement to any third party wholly or partially.
6.1.6 The Member, who benefits from the services and uses the Site, can carry out transactions over the Site for only legal purposes. The legal and criminal responsibility for all the actions and transactions that the Member carries out over the Site. The member accepts and undertakes that s/he will not reproduce, copy, distribute, process the goods, pictures, texts, visual and auditory images, video clips, files, catalogs, and lists within the Site that can constitute a violation against the real or personal rights and properties Archade, any other Member and/or third parties or will not upload the content which can result in such and which are specified herein this article and that s/he will not engage directly and/ or indirectly in competition with Archade either through these actions or through other ways. The Member, on account of the activities that s/he carried out on the Site against the law and the provisions of this agreement, becomes responsible for the losses that Archade, other Members, and the third parties can suffer from.
6.1.7 All the responsibilities arising from the services and published content on the Site provided by the Members, including the Buyers, and the third parties belong to themselves, and Archade in any way cannot be held responsible.
6.1.8 The Member accepts declares and undertakes that the responsibility of all kinds of actions and transactions that s/he carries out over the Archade Membership Account belong to him/her, that s/he will not make any plea and/or objection that s/he did not carry out the actions and transactions carried out and/or that s/he will not avoid fulfilling the responsibilities on the basis of this plea or objection.
6.2 Rights And Responsibilities of Archade
6.2.1 Archade has the right to always change Services and Contents that are presented on the Site, to close the information and content that the Members uploaded to the system to the access of the third parties including all the Users and Buyers, and to erase them. Archade can use this right without making any notification. The members have to immediately carry out the amendments and/or corrections that Archade requested. Archade, when necessary, can carry out the amendments and/or corrections by itself. The legal and criminal responsibilities of the losses that can arise by reason of the fact that the amendments and/or corrections requested by Archade are not carried out by the Members on time belong completely to the Members.
6.2.2 If a link is given by the Members or only for the reason of reference convenience by Archade, this cannot be interpreted as the link is given by Archade for the purpose of supporting the internet sites to which those given links are directed or cannot be acknowledged as any declaration or warranty is given by Archade directed to the internet site in question or its content. Archade does not accept any responsibility with regard to the sites, files, and contents that are accessed in this way.
6.2.3 Archade has the right to always check the messages and contents that are against the operation of Site, law, rights of the others, terms of the agreements, and to the public decency and to cancel them from access. Archade can cancel the membership of the Member who makes the entrance of such content and message without making any notifications.
6.3 Rights and Responsibilities of the Creator
6.3.1 For any drawing, model, image, text, audio, or any other Content & Product that you upload or post to the Site (Creator’s Content), you warrant that: you have all necessary rights to submit Creator’s Content to the Site and grant the licenses set forth herein Archade will not need to obtain licenses from any third party or pay royalties to any third party with respect to Creator’s Content.
6.3.2 Archade holds the right to ban or remove access to Service if we receive one or more copyright complaints against your published or listed Content & Product.
6.3.3 You will not provide inaccurate, misleading, or false information to Archade or to any other User or Buyer.
6.3.4 By publishing Content & Product on the Site, in case your Content & Product contain identifiable third parties or landmark(s), you claim that you have obtained written consent from all the necessary authorities.
6.3.5 You are responsible for all tax reliabilities or payments that apply in respect of your revenue in accordance with relevant tax laws.
6.3.6 Archade holds all the rights to increase or decrease the price of any Content & Product. Also, Archade can offer discounts, special offers, and campaigns for your Content & Product for all or specific groups of customers. Change of the prices can be exercised for any reason without any prior notice.
6.3.7 In case the Creator’s Content is listed or offered by any other media, marketplace, agency, or any redistribution channel, Archade holds the right to offer the same Content or Product at a price to match or beat the price of other mentioned places.
6.3.8 By uploading or listing Creator’s Content, you grant Archade a worldwide, non-exclusive, royalty-free license and right to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display works from your upload. The above licenses will continue as long as the Creator’s Content is available on the Site. In case the Creator’s Content is removed from the Site, Archade holds the right to continue the license as long as Archade sees it commercially necessary. All Content & Product published or listed on the Site is subjected to Archade License Rules.
6.3.9 Archade has the right to reject or remove priorly approved Content or Product at any time without any prior notice.
6.3.10 You may not upload, post, or list any Content & Product
- Infringes any third party's copyrights or intellectual property
- Depicts animal cruelty or violence towards animals;
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
- Violates any law, statute, or regulation
- Contains violence, pornographic, and hate speech elements.
6.3.11 All payouts are made by traditional banking. Creators are responsible for opening and maintaining the necessary money transaction platforms and providing correct information to Archade. Payout requests can be only made once the earned remuneration has reached $100. Archade holds the right the change this amount with 1-month prior notice. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment, you must notify Archade in writing within thirty (30) days of such payment. Failure to notify Archade might result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Archade. No other measurements or statistics of any kind shall be accepted by Archade. Fee information and further policy regarding Creator can be found under the related Creator page on the Site. Archade holds the right to change the fee ratio at any time with 1-month prior notice. Creators are obligated to cover the transaction fees.
7. Intellectual Property Rights
The information that is accessed within the Site and that is provided by the Members legally and the whole elements (including but not limited to the Archade database, Archade interface, goods, text, image, HTML code, and the other codes) of this site (altogether will be referred as to the works of Archade that are subject to the copyright) belongs to Archade and/or taken under license from a third party by Archade. The Members do not have the right to resell, process, share, distribute and exhibit the goods, services, information, and works that are subject to the copyright of Archade. Within the provisions of this Agreement and except for the cases that are allowed by Archade, the Members cannot reproduce, process, and distribute the goods and the works that are subject to the copyright of Archade or cannot make or prepare the works that are derived from these. Within the provisions of this Agreement and in the cases that are not authorized by Archade, Archade keeps all its rights reserved directed to the goods, services, information, and works that are subject to the copyright, trademarks, commercial outlook, or other properties and information on.
8. The Amendments of Agreement
Archade can amend this Agreement at any time deemed appropriate by declaring it on the Site unilaterally and wholly at its own discretion. The amended provisions of this Agreement will be effective on the date they are declared and the rest of the provisions will remain in force and will continue to be effective in terms of their results and influences. This Agreement cannot be amended through the unilateral declaration of the Member.
9. Applicable Law and the Authority
On the execution, interpretation, and on governance of the legal relationships arising within this agreement, the USA Law will be applicable except for the USA rules of conflict of laws in the event that there is the element of foreignness. In the settlement of all kinds of contradictions that can arise from this agreement, the Courts of New Jersey and the Enforcement Offices will be the authority. You may contact the company for any claim at firstname.lastname@example.org
This Agreement entered into force by having been mutually accepted upon the Member’s electronic approval.