52 Program is about supporting people. We encourage you to be involved
in every aspect of Revolutions 52 Program to - display contributions,
host events, write blogs, participate in forums, team up with other
supporters to collaborate on projects, and let the world know about
To make this Marketplace successful, it is essential all
Revolutions 52 Members respect the intellectual property rights of
others, including copyright and trademarks. You must only upload content
you have created yourself and have permission to use and authorize
others to use. Respecting other people’s intellectual property is an
essential principle of R52 Community.
Displaying your work on R52
puts it out there for the world to see. You need to be aware that
publishing your work in this way attracts legal responsibilities. It is
up to you to make sure you are not breaking any laws by publishing your
work through Revolutions 52.
OVERVIEW AND ACCEPTANCE OF USE
52 (R52) is a curated online marketplace connecting Members to products
and services, accessible through R52 Marketplace and Websites. As
applicable under Applicable Laws, you understand and agree that
Revolutions 52 (R52) is a marketplace and as such is not responsible or
liable for any content, data, text, information, usernames, graphics,
images, photographs, profiles, audio, video, items, products, services,
listings, links, or information posted or provided by you, other
suppliers, other merchants, or other third parties on or through
Revolutions 52 or any of the Services. Your use the Services at your own
risk. You will comply with these Terms and all Additional Terms and
Policies applicable to any products or services you provide through or
offer in connection with the Services.
YOU ACKNOWLEDGE AND AGREE
THAT BY ACCESSING OR USING THE SERVICES (INCLUDING BY RESEARCHING,
SHOPPING, PURCHASING, DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO
THE SERVICES), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS
AND POLICIES REFERENCED IN THESE TERMS. THIS APPLIES WHETHER OR NOT YOU
HAVE REGISTERED ON OR THROUGH THE SERVICES. IF YOU DO NOT AGREE, THEN
YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.
you have a dispute with any third party over any product, service,
offering, or interaction over the Services, you agree not to make any
claim of any kind or nature against Revolutions 52 or its Affiliates
with respect to such dispute, no matter whether any claims,
requirements, or compensation of damages are known, insured, or
released, as applicable under Applicable Laws.
the right, at our sole discretion to modify, suspend, discontinue, or
terminate the Services or any content, feature, or material we provide
thereon, or to modify these Terms, at any time and without prior notice,
and have no obligation to update any information thereon. We will not
be liable if for any reason all or any part of the Services is
unavailable at any time or for any period. From time to time, we may
restrict access to some or all parts of the Services to Members,
You agree that it is your
responsibility to monitor changes to our Services. If we modify these
Terms, we will post the modification on the Site or via the Application
and/or provide you with notice of the modification. By continuing to
access or use the Services thereafter, you are indicating that you agree
to be bound by the modified Terms. If the modified Terms are not
acceptable to you, your only recourse is to cease using the Services.
Members on the R52 Marketplace are allowed to be Contributors on the
R52 Marketplace to sell products, service and / or rentals.
TERMS AND CONDITIONS
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions: For the purposes of this Agreement, the following words and terms shall have the meaning set forth below:
The term "Products, Services & Rentals" shall mean all products and
services which are listed on the R52's Marketplaces and Websites, as
they will be revised and changed from time to time.
1.2 The Term “Member” shall mean You; the person who desires to act as a Member of R52 Marketplaces.
The Term “Contributor” shall mean any Member who is a provider of a
product, service or rental on R52 Marketplaces and Websites.
2. Grant of Contributor.
Contributor desires to act as a nonexclusive provider to sell, market
and distribute products, services and or rentals on the R52 Marketplace;
subject to the terms and conditions set forth herein. Member agrees to
comply with all applicable laws, rules, regulations, ordinances, orders,
licenses, permits, judgments, decisions, and other requirements of any
governmental authority, whether domestic, international, federal, state,
local, or provincial, and whether in effect now or in the future and as
may be amended from time to time, including but not limited to the
United States, European Union, European Union Member States and United
Kingdom (“Applicable Laws”), including with respect to e-commerce,
privacy, intellectual property, use of the Services, marketing, sale and
provision of any products or services by you, representations,
warranties and quality assurance of any products or services provided by
you, online conduct, and acceptable content.
3. Representations and Warranties of R52. The R52 represents and warrants to Members and Contributors as follows:
3.1 Organization and Authorization.
R52 is a limited liability corporation duly organized, validly existing
and in good standing under the laws of the state of its incorporation
or formation. R52 has the power to enter into and carry out its
obligations under this Agreement. This Agreement has been duly
authorized by R52 and this Agreement is a valid and binding obligation
of the R52.
3.2 Use of Services. For clarity, your use of the Services as a Member is subject to the Member Terms of Service.
3.3 Conflicts with Other Agreements.
Neither the execution and the delivery of this Agreement nor the
consummation of the transactions contemplated hereunder will violate or
constitute a default under any agreement or instrument to which R52 is a
party or by which its rights, title and interest in the Products may be
4. Representations and Warranties of Member. Member represents and warrants to R52 as follows:
4.1 Organization and Authorization.
Member has the power to enter into and carry out its obligations under
this Agreement. This Agreement has been duly authorized by Member and
is a valid and binding obligation of Member.
4.2 Conflicts with Other Agreements.
Neither the execution and delivery of this Agreement nor the
consummation of the transactions contemplated hereby will violate or
constitute a default under any agreement or instrument to which Member
is a party or by which its property may be affected.
5. Prices of Products, Services And Rentals on R52 Marketplace.
5.1 Determination of Price. Products, Services & Rentals sold on R52 Marketplace shall be determined by the Contributor posting the listing.
5.2 Price Changes. Price changes are effective immediately on R52 marketplaces and websites.
5.3 Price of Listings. Contributor shall in its sole judgment determine the prices at which listings are sold to Members on the R52 Marketplace.
6. Payments for Products.
6.1 Terms of Payment. Contributors
will need to set up their Stipe Payment Processing Account to receive
payments. Stripes will manage all payment transactions.
6.2 Commissions & Payment Processing Fees.
R52 will charge a commission depending on the payment gateway. The
payment gateway may also charge a fee for each payment, as described
below. For Stripe payments, R52 charges a Contributor Selling commission
and a buyer purchasing commission.
7. Acceptance of Orders and Shipment of Products. /
7.1 Placement of Orders. Member must place orders on R52 Marketplaces and / or Websites. Members are directly purchasing from the Contributor Selling on the R52 Marketplace.
Members understand and accepts that they are purchasing directly from a
Contributor. Terms and Conditions of the Listing are provided by the
Contributor. All communication listings are to be directly communicated
between the Member and Contributor. You can communicate on the R52
7.3 Delay or Cancellation of Accepted Orders.
Orders accepted by Contributors shall be subject to Contributor
Capabilities. The R52 Contributor shall promptly notify Member if any
order cannot be filled or of any delays in delivery. R52 shall have no
liability for, delays, failure to deliver or cancellation by
Contributor. Contributor must rectify the problem or refund the Member
within 72 hours. R52 shall have no liability for, delays, failure to
deliver or cancellation due to strikes, fires, the elements, delay from
suppliers, force majeure or other causes beyond the R52 Contributors
control, or any other cause which may affect the R52 Contributor in
competition of orders.
7.4 Shipping of the Products. Contributor is responsible for the coordination and shipping of all products. The
R52 Contributor shall promptly fulfill all orders placed by Members and
shall ship said orders using commercially reasonable standards.
7.4.1 Shipping Dates. The R52 Contributor shall provide the standard delivery time of the products and service they provide.
Each Contributor on R52 Marketplace shall be responsible for packing
the Products according to standard commercial practices prevailing at
the time of shipment which are suitable for freight carriers,
international airfreight or sea freight, as the case may be.
8. Contributor Undertakings.
8.1 Sale of Products, Services & Rentals.
Contributor, on its own behalf and on behalf of its agents,
representatives and employees, agrees to conduct any and all sales
activities in connection with the Products / Services / Rentals in a
lawful manner, consistent with the highest standards of fair trade, fair
competition and business ethics.
8.2 Marketing Efforts.
Contributor agrees to use commercially reasonable efforts to develop
demand for the Products / Services / Rentals and to solicit purchases
8.2.1 Approval of Advertising. The
Contributor shall have the right to create advertising and promotions
for their brand as necessary. Any advertisements for will need to be
approved in advance by R52.
8.3 Expenses. Unless
otherwise agreed, Contributor shall be obligated to satisfy all of its
costs and expenses incurred in the performance of this Agreement and
shall be solely responsible for the acts and expenses of its employees,
agents and representatives.
8.4 No Additional Compensation.
Member acknowledges and agrees that its sole and entire compensation
for its services (including, but not limited to, the promotion and sales
of the Products, Services & Rentals) shall be the price charged by
the Contributor to Member Customers. The Contributor will receive
payment of listing price minus the Marketplace Commission listed above.
8.5 Representations. The R52 Contributor shall be responsible of any change in the guarantees or warranties offered in connection with the Products, Service or Rentals.
9. Confidential Information. Neither party in its capacity as a “receiving party” shall use nor disclose to any third parties any confidential information concerning the business, or affairs of the other party (the “disclosing party”) which the receiving party
may acquire during the course of its activities under this Agreement
(or any prior agreements between R52 and Member). In addition, a receiving party
shall take any and all necessary precautions to prevent any such
disclosure by any and all of its employees, officers, directors,
representatives, agents or sub-Members. The receiving party
further acknowledges and understands that any right, title and interest
in and to the aforesaid confidential information is vested in the disclosing party and that such properties are the sole property of the disclosing party.
For purposes of this Agreement, it is understood by the parties hereto
that the term “confidential information” shall include, but is not
limited to: information relating to released or unreleased products,
equipment, services, forecasts, business plans or models, or
manufacturing strategies and other strategies; business policies or
practices; technical, financial, marketing, manufacturing, distribution
and other technical or business information or trade secrets; lists or
names of contractors, subcontractors, suppliers and vendors; customer
lists, prospect lists, marketing information, pricing, cost information,
business forms, business and financial records; product design and
other such unpatentable information as defined in California Civil Code
Section 3426.1. All of the foregoing obligations and
restrictions do not apply to that part of the confidential information
that the receiving party demonstrates (a) was or becomes generally
available to the public prior to, and other than as a result of, a
disclosure by the receiving party in violation or breach of this
Agreement or (b) was available, or becomes available, to the receiving
party on a nonconfidential basis prior to its disclosure to the
receiving party, but only if (i) the source of such information is not
bound by a confidentiality agreement with the disclosing party or is not
otherwise prohibited from transmitting the information to the receiving
party by a contractual, legal, fiduciary or other obligation and (ii)
the receiving party provides the disclosing party with written notice of
such prior possession prior to the execution and delivery of this
expressly acknowledges that the Confidential Information of R52 consists
of trade secrets and proprietary property having significant commercial
value, and that knowledge of all or any part of the Confidential
Information would potentially yield a competitive advantage over others
not having such knowledge. Accordingly, Member will not disclose any
Confidential Information of R52 to any third party (except to R52’s
directors, employees, consultants, agents and independent contractors as
provided below) for three (3) years following the date of disclosure;
OR (3) years after the last purchase of Products and or Service. Member
may, however, disclose Confidential Information of R52 in accordance
with judicial or other governmental order or as necessary to comply with
any applicable law or regulation governing regulated businesses or the
issuance of securities to the public, provided Representative gives R52
reasonable notice prior to such disclosure and, in the case of a
judicial or governmental order, complies with any applicable protective
order or equivalent judicial decree.
10. Trademarks, Patents and Copyrights.
10.1 Ownership of Trademarks, Patents and Copyrights.
Member hereby acknowledges R52's exclusive right, title and interest in
and to any and all trademarks and trade names (hereinafter such
trademarks and trade names shall be collectively referred to as the
"Trademarks"), patents ("Patents") and copyrights ("Copyrights") which
R52 may have at any time adopted, used, registered, licensed or been
issued in the United States of America, or in any other foreign
location, and agrees that it shall not do, or cause to be done, any acts
or things contesting or in any way impairing or tending to impair any
portion of R52’s right, title and interest in and to the Trademarks,
Patents and Copyrights. Member further acknowledges that, in connection
with any reference to the Trademarks, Patents and Copyrights, Member
shall not in any manner represent that it possesses any ownership
interest in the Trademarks, Patents and Copyrights or the registrati