Terms and Conditions

If you shop or become a Member of Shop.PortlandSaturdayMarket.com (aka "the Site") owned by Public Marketspace, Inc ( aka "the Company" and "the Store" ) you accept these Terms and Conditions ("Terms"). Please read them carefully.

About Us

PublicMarketspace offers a Software-as-a-Service (SaaS) social media platform with eCommerce functionality. The Site design has the look and feel of a public market, creating a vibrant shopping environment.

PublicMarketspace is an authorized reseller for its Vendor products. Members transact business directly with PublicMarketspace, but the Company does not store inventory. The Company requires that its Vendors have at least one (1) product of every type in its inventory, unless the product is a one-of-a-kind item.

All business activity will be performed using a "Monday through Sunday" weekly schedule, 52 weeks a year. The Site will also use weeks to measure Vendor/Member transaction activity.

Member Eligibility

Membership is free of charge. The Company and Site'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. The Member represents and warrants that s/he is at least 18 years old and that all registration information you submit is accurate and truthful. The Company 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 the Company's services under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the Member of record and is responsible for any and all activities.

Electronic Communications

When you visit PublicMarketspace.com or send e-mail to us, you are communicating with the Site electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Site, by using the forums, and through the Instant Messenger. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

Please review our Privacy Policy, which also governs your visit to PublicMarketspace.com, to fully understand PublicMarketspace.com's practices.

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio-clips, digital downloads, data compilations, and software, is the property of the Company or its Vendors, and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on the Site is the property of the Company or its software suppliers and protected by United States and international copyright laws.

Trademarks

All PublicMarketspace graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of the Company in the U.S. and/or other countries. You may not use any PublicMarketspace logo or other proprietary graphic or trademark as part of the link without express written permission.

The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on the Site are the property of their respective owners.

Patents

One or more patents owned by the Company apply to the Site and to the features and services accessible via the Site. Portions of the Site operate under license of one or more patents.

License and Site Access

The Company grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product/service listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of Account Information for the benefit of another vendor; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without written consent.

You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PublicMarketspace.com so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your Member's Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or 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 PublicMarketspace of any unauthorized use of your password or any breach of security. You also agree that PublicMarketspace cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

The Company does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use PublicMarketspace.com only with involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Members and Vendors may post reviews, comments, photos, video, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right (but not the obligation) to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Members can inform the Company about any inappropriate, or potentially inappropriate, content seen on the Site.

Conduct

The Company cannot always be certain to manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement. Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Product Descriptions

The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content in the Site's online catalog are accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it to the Company in unused condition.

Pricing

Except where noted otherwise, the listed price displayed for products in the Site's online catalog represents the full retail price listed on the product or service itself, suggested by the Vendor or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item or service offered elsewhere.

With respect to items sold by the Company, we cannot confirm the price of an item until a Member orders. Despite our best efforts, a small number of the items in our online catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact the Member for instructions before shipping or cancel the order and notify the Member of such cancellation.

Payments

When you purchase a new, refurbished, used, or collectible item from the Site, you pay immediately, online. A shipping fee is included in the price, but this amount is determined by the carrier and desired shipping time. Accepted payment methods include credit card, bank account, and gift cards.

Shipping

When a Member confirms his or her cart, the Vendor will ensure that at least one (1) of the product is in stock. The Vendor will print a shipping label for the order, package the product(s), and ship the product(s) directly to the Member. The Vendor is required to enter a tracking number into the Site as part of the order process. The tracking number is sent to the Member through a shipment confirmation e-mail from the Site. The estimated delivery date for your package will be listed in Your Account and can be found in your shipment confirmation e-mail. You can track your package by clicking the "Track packages" link in Your Account.

Additional shipping and handling charges apply to media items of unusual size or weight. The Site offers a number of large and oversized items that require special handling. If a product requires special handling, the Member will see a note on the product detail page indicating that the item will ship separately from other items in your order due to the special handling required. Keep in mind that some items are too big to ship to a PO box and must be shipped to a physical street address.

Products are shipped by Vendors via one of our carriers or the member selected carrier (US Postal Service, UPS, FedEx, and so on) at whatever delivery speed you choose (standard shipping, 2-day shipping, and so on). However, large items must ship with one of our specialty shippers. The shipping charges for these items are either indicated on the product detail pages or will be calculated at the last step of the purchase process before you place your order.

Expected transit times for each shipping method are listed below.

Standard U.S.: 4 to 14 business days after shipping (may take up to 21 business days) Expedited U.S.: 2 to 6 business days after shipping Two-Day U.S.: 2 business days after shipping One-Day U.S.: 1 business day after shipping International Standard: 3 to 6 weeks (may take 8 to 12 weeks due to customs delays) International Expedited: 3 to 7 business days

Shipping times are not guaranteed and the actual performance varies by Vendor.

Undeliverable Packages

When the carrier returns an undeliverable package to us, the Company will issue a full refund (including shipping charges). The Company is unable to re-ship orders that are returned to us as undeliverable. If a Member would still like to purchase items that were undeliverable, you are welcome to place a new order on our website.

If you suspect your order cannot be delivered as addressed and you have not received confirmation of its return or refund after four (4) weeks from the estimated delivery date, please contact us at support@publicmarketspace.com.

Supported Countries

Orders can only be placed from international locations if the buyer is in a supported country (see the list below). Standard International shipping is the only shipping option available for orders fulfilled by the Company.

Australia Belgium Brazil Canada Denmark Finland France Germany Hong Kong Iceland Ireland Italy Japan Republic of Korea Mexico Netherlands New Zealand Norway Portugal South Africa Spain Sweden Switzerland United Kingdom (England, Northern Ireland, Scotland, and Wales) United States (including U.S. protectorates) Shipping Restrictions

Warranty issues and manufacturer restrictions prevent the Company from shipping certain products to all geographical locations. In addition, some items too big to ship to a PO box must be shipped to a street address. Members will be notified while placing an order if specific items cannot be shipped to the selected address.

Returns and Refunds

PublicMarketspace handles all customer service and product returns. Products returned by Members are the property of PublicMarketspace. Members may return most new and unopened items sold and fulfilled by PublicMarketspace.com within 30 days of delivery for a full refund. The Company will also pay the return shipping costs if the return is a result of our error. Items must be returned with their original product packaging. Refunds are issued through the method of payment (credit card, bank account, gift card, or gift card/credit card). The Company will notify the Member via e-mail of your refund once we've received and processed the returned item.

For items directed to our Returns Center, expect your refund within four (4) weeks of giving your package to the return shipper (though in many cases you'll receive the refund sooner).

This time period includes: 5 to 10 business days for us to receive your return from the shipper 3 to 5 business days for us to process your return The time it takes your bank to process our refund request (see below for specific guidelines)

Exchanges

If a Member receives a faulty/defective product and needs to exchange it for the same item, the Member can request a replacement. If the Member would like to exchange an item for a different one, the Member should return the original item through the Site's online Returns Center (you will be refunded your original purchase price once we receive the item, less original shipping charges) and place another order-for an item of equal or lesser value-you wish to purchase. You do not have to wait for us to receive the original item before placing the new order. Members can view completed returns and refunds by visiting Your Account and accessing the relevant order summary.

Non-Returnable Items

The Company does not accept returns of the following items:

Items that are classified as hazardous materials or use flammable liquids or gases Any product missing the serial number or bar code Downloadable software products Downloadable music Gift cards Some perishable food products Some health and personal care items (fragrances or sex-related products)

Disclaimer of Warranties and Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY PUBLICMARKETSPACE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting PublicMarketspace.com, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Company.

Disputes

Any dispute relating in any way to your visit to PublicMarketspace.com or to products or services sold by the Company or through PublicMarketspace.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Multnomah County, Oregon, and you consent to exclusive jurisdiction and venue in such courts.

For the benefit of Members and Vendors, the Company may try to help resolve disputes. The Company does so at its sole discretion, and the Company has no obligation to resolve disputes between Members, between Vendors; between Members and Vendors; or between Members, Vendors, and outside parties. To the extent that the Company attempts to resolve a dispute, the Company will do so in good faith based solely on the Company's policies. The Company will not make judgments regarding legal issues or claims.

Site Policies, Modification, and Severability

Please review our other policies, such as our Privacy Policy posted on the Site. These policies also govern your visit to PublicMarketspace.com. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Breach

Without limiting any other remedies, the Company may, without notice, and without refunding any fees, delay or immediately remove content, warn the PublicMarketspace community of a Member or Vendor's actions, issue a warning to a Member or Vendor, temporarily suspend a Member or Vendor, temporarily or indefinitely suspend a Member or Vendor's Account privileges, terminate a Member or Vendor's Account, prohibit access to the Site, and take technical and legal steps to keep a Member or Vendor off the Site and refuse to provide services to a Member or Vendor if any of the following apply:

The Company suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a Member or Vendor has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; the Company is unable to verify or authenticate any of your personal information or content; or the Company believes that a Member or Vendor is acting inconsistently with the letter or spirit of the Company's policies, has engaged in improper or fraudulent activity in connection with the Company or the actions may cause legal liability or financial loss to the Company's Members and Vendors or to the Company.

Amendments

The Company reserves the right to make changes to the Site, policies, and this Terms and Conditions agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the Site. Your continued use of the Site after we make any such changes constitutes your binding acceptance. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.