YabbleBabble was officially sold on August 9, 2007. You can no longer purchase any of the products on this website through YabbleBabble, but most product pages contain links to the artist's current website. If you find a product that interests you, simply follow the link and purchase the product on the artist's new website. For more information on the sale of YabbleBabble, view this press release.

This website is now part of Todd Sullivan's research projects, resume, and multimedia portfolio.
Sell Crafts Online, Sell Art Online, Sell Handmade Products Online: agreement�


YabbleBabble Seller's Program User Agreement


This User Agreement ("Agreement") is a contract between you and YabbleBabble and applies to your use of the YabbleBabble Seller's Program service and any related products and services available through www.yabblebabble.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of the YabbleBabble Seller's Program. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and web sites referred to in this document, as they may contain further terms and conditions that apply to you as a YabbleBabble user. Please note: underlined words and phrases are links to these pages and web sites. By accepting this Agreement, you also agree that your use of other YabbleBabble web sites and Services will be governed by the terms and conditions posted on those web sites.

For additional information about the Service and how it works, please also consult the YabbleBabble Seller's Program Web Site.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site. Policy changes will be displayed in the administration news section of the YabbleBabble Seller's Program web site. You will be given access to this new section upon acceptance into the YabbleBabble Seller's Program.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "YabbleBabble," "we" or "our" will refer collectively to YabbleBabble and its subsidiaries including DaySign.

This Policy was last modified on June 3, 2005.

  1. Eligibility.

    In order to use the Service, you must register for a Seller account. Users may only hold one Seller account. Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of credit risk.

  2. The Legal Relationship between You and YabbleBabble.

    1. 2.1 Agency Relationship

      YabbleBabble acts as a facilitator to help you sell items online. We market the Service as a whole and allow you to sell your items through the Service. YabbleBabble will at all times hold your funds separate from its funds and will not use your funds for its operating expenses or any other purposes. You acknowledge that (i) YabbleBabble is not a bank and the Service is an online shopping catalog rather than a banking service, and (ii) YabbleBabble is not acting as a trustee, fiduciary or escrow with respect to the funds you receive from selling items through the Service, but is acting only as an agent and custodian.

      You are not required to keep funds in the YabbleBabble system (i.e., carry a balance in your YabbleBabble agency account) in order to use the Service. If you do carry a U.S. Dollar balance in your YabbleBabble account, YabbleBabble will pool your funds together with funds from other Users, and will place those funds in accounts at one or more non-interest bearing FDIC-insured banks ("Pooled Accounts"). Those funds may be eligible for FDIC pass-through insurance. Balances will only be held in the currency of U.S. Dollars.

      You agree that you will not receive interest or other earnings on the funds that YabbleBabble handles as your agent. YabbleBabble will also not receive interest on those funds, but may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.

      By receiving payments through the Service, you appoint YabbleBabble as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct YabbleBabble with respect to the transmission of your funds. Through the YabbleBabble Seller's Program web site, you may provide instructions to withdraw the funds, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through YabbleBabble but you have not registered for the Service, YabbleBabble will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment.

    2. 2.2 YabbleBabble is only an online shopping catalog.

      YabbleBabble acts as an online shopping service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over the products or services that are paid for with our Service. We cannot ensure that a buyer you are dealing with will actually complete the transaction.

    3. 2.3 Identity Authentication.

      We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize YabbleBabble, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, YabbleBabble cannot and does not guarantee any user's identity.

    4. 2.4 Release.

      In the event that you have a dispute with one or more users or visitors to the web site, you release YabbleBabble (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."

    5. 2.5 No Warranty.

      WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YabbleBabble shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependant upon many factors outside of our control, such as delays in our credit card processors or the U.S. or international mail service. 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.

    6. 2.6 Limitation of Liability.



    7. 2.7 Indemnification.

      You agree to indemnify and hold YabbleBabble, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred 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 relating to your use of the Service.

    8. 2.8 Liability for Violations of the Acceptable Use Policy.

      If you engage in the following behavior, YabbleBabble may fine you, as explained below.

      1. Using the YabbleBabble service to sell products that are sexually oriented or obscene materials.

      2. Using the YabbleBabble service to sell products that are related to any narcotics, other controlled substances, steroids or prescription drugs.

      3. Using the YabbleBabble service to sell products related to wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity.

      4. Using the YabbleBabble service to defame the YabbleBabble service in any way.

      5. Using the YabbleBabble service to discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, age, disability, or status as a War Veteran.

      6. Fail to ship products to the respective consumer that bought them.

      7. Fail to ship exactly what is described on the product's description page.

      8. Fail to ship products in a timely manner.

      9. Fail to make your shipment trackable.

      10. Fail to provide the customer the tracking number(s) when the item is shipped.

      11. If explicitly told to do so, fail to require a signature receipt for the package.

      You and YabbleBabble agree that the damages that YabbleBabble will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then YabbleBabble may fine you $500.00 USD and/or YabbleBabble may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that $500.00 USD is presently a reasonable minimum estimate of YabbleBabble's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to YabbleBabble that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that YabbleBabble is entitled to deduct such fines directly from any existing balance in the offending account. You also agree that YabbleBabble is entitled to require you to send a check or money order in U.S. Dollars to YabbleBabble in the amount of such fines.

      If you use the YabbleBabble service in a manner that violates the Acceptable Use Policy described above, your account will be subject to limitation or immediate termination at the sole discretion of YabbleBabble.

      You further understand that, if you use the YabbleBabble service in a manner that violates the Acceptable Use Policy described above, YabbleBabble may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this User Agreement (currently Section 6.2), you acknowledge liability to YabbleBabble for any and all damages suffered by YabbleBabble. Without limiting the foregoing, you agree to reimburse YabbleBabble for any and all costs, expenses, and fines levied on YabbleBabble by its payment processors and/or service providers as a result of your activities.

      You agree that, if either you or YabbleBabble commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys' fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

  3. Fees.

    All fees are set forth in the Fees Policy. All fees will be assessed in U.S. Dollars. Additional information about YabbleBabble's fees is available in the Fees Policy. Your account and all transactions are made and displayed in U.S. Dollars.

  4. Non-U.S. Use.

    To be eligible for an account, you must be a resident of the United States.

  5. Receiving Payments.

    When a visitor to the YabbleBabble web site purchases one of your items, your account is credited the price of the items bought minus the fees from YabbleBabble. YabbleBabble sends out checks that are the balance in your account at the end of each month if your account contains 100 U.S. Dollars or more. If your account contains less than 100 U.S. Dollars you can request to have a check sent to you at the additional cost of 3 U.S. Dollars for processing and handling fees. Each check from YabbleBabble will arrive at your address within 30 days of the date the check is scheduled to be processed.

  6. Your Information and Restricted Activities

    1. 6.1 Definition.

      "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You are solely responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

    2. 6.2 Restricted Activities.

      Your Information and your activities through our Service shall not: (1) be false, inaccurate or misleading; (2) be fraudulent or involve the sale of counterfeit or stolen items; (3) consist of providing yourself a cash advance (or helping others to do so), (4) be related in any way to gambling and/or gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering and office pools); (5)violate the YabbleBabble's Acceptable Use Policy; (6) infringe on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy; (7) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (8) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (9) be obscene or contain child pornography; (10) contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; or (11) create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers. If you use, or attempt to use the Service for purposes other than selling handmade items and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

    3. 6.3 License.

      Solely to enable YabbleBabble to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. YabbleBabble will use and protect Your Information in accordance with our Privacy Policy.

    4. 6.4 Trademarks.

      YabbleBabble.com, YabbleBabble, and all related logos, products and services described in this web site are either trademarks or registered trademarks of YabbleBabble, or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of YabbleBabble. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of YabbleBabble and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YabbleBabble.

      Notwithstanding the above, HTML logos provided by YabbleBabble through its Seller's Program, or Link Exchange ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to YabbleBabble or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by YabbleBabble. YabbleBabble is an online shopping catalog, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  7. Access and Interference.

    Our web site contains robot exclusion headers on certain sections of the web site and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the YabbleBabble site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to YabbleBabble by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of YabbleBabble or the appropriate third party. If you use, or attempt to use the Service for purposes other than selling handmade products and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

  8. Privacy and Security.

    We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your YabbleBabble Seller's Program account on a page which begins with http://www.cowness.com/yabblebabble. All of our pages begin with http://www.cowness.com/yabblebabble and therefore you should not use any other site that does not begin as such. Our current Privacy Policy is available at http://www.yabblebabble.com/support_privacy policy.htm. If you object to your information being transferred or used in this way, please do not use our Services.

  9. Termination or Closing Your Account.

    You may close your account at any time by sending a contact message to YabbleBabble on the YabbleBabble Seller's Program web site. Upon closure of an account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled. You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account, YabbleBabble may continue to hold your funds for up to 180 days as appropriate to protect YabbleBabble against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, YabbleBabble will release those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.

  10. Remedies and YabbleBabble's Right to Collect From You.

    Without limiting other remedies, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your account, limit funding sources and payments, limit access to an account and any or all of the account's functions (including but not limited to the ability to add, edit, and remove products from your account), limit withdrawals, indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your account or activities pose a significant credit or fraud risk to us; or (d) we believe that your actions may cause financial loss or legal liability for you, our users or us;

    In addition, YabbleBabble reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. If we close your account, we will provide you notice and pay you all of the unrestricted funds held in your YabbleBabble account. Additionally, to secure your performance of this Agreement, you grant to YabbleBabble a lien on and security interest in your account. In addition, you acknowledge that YabbleBabble may setoff against any accounts you own for any obligation you owe YabbleBabble at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. YabbleBabble may consider this Agreement as your consent to YabbleBabble's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.

  11. Assignability.

    You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of YabbleBabble. YabbleBabble reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

  12. Legal Compliance.

    You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

  13. Notices.

    1. 13.1 Electronic Communications.

      You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from YabbleBabble in electronic form. Electronic Communications may be posted on the pages within the YabbleBabble web site and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. YabbleBabble reserves the right but assumes no obligation to provide Communications in paper format.

    2. 13.2 Credit Report.

      You agree that YabbleBabble may order and review your credit report with the sole purpose of assessing your fitness to hold a YabbleBabble account and/or your ability to use the Service or features thereof.

    3. 13.3 Procedure.

      Except as explicitly stated otherwise, any notices shall be given by postal mail to YabbleBabble Attn: Legal Department, 4500 NW 64th Terrace, Kansas City, Missouri 64151 (in the case of YabbleBabble) or to our online message center or the email address you provide to YabbleBabble during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to YabbleBabble during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

  14. Legal Disputes.

    In the event a dispute arises between you and YabbleBabble, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and YabbleBabble agree that any controversy or claim at law or equity that arises out of this Agreement or YabbleBabble's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, YabbleBabble strongly encourages users first to contact YabbleBabble directly to seek a resolution. YabbleBabble will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

    1. 14.1 Arbitration.

      For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, you or YabbleBabble may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    2. 14.2 Court.

      Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Platte County, Missouri or where the defendant is located (in YabbleBabble's case, Kansas City, Missouri, and in your case, your home address or principal place of business). You and YabbleBabble agree to submit to the personal jurisdiction of the courts located within the county of Platte, Missouri.

    3. 14.3 Alternative Dispute Resolution.

      YabbleBabble will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Platte County, Missouri or another location mutually agreed upon by the parties.

    4. 14.4 Violations of Section 14.

      All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 14, the other party may recover attorneys' fees and costs up to $1,000.00 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

  15. General.

    This Agreement is governed by and interpreted under the laws of the state of Missouri, U.S. as such laws are applied to agreements entered into and to be performed entirely within Missouri by Missouri residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 15 hereof, to the extent that the FAA is inconsistent with Missouri law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by YabbleBabble, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.4) Release, (7) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (14) Legal Disputes shall survive any termination or expiration of this Agreement.

  16. Disclosures.

    The Services are offered by YabbleBabble, located at 4500 NW 64th Terrace, Kansas City, Missouri 64151. If you are a Missouri resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information. Fees for our services are described in our Fees Policy.

    Disputes between you and YabbleBabble regarding our Services may be reported to Customer Support online through the YabbleBabble Contact page at any time, or by calling (816) 868-2051 from 10 AM to midnight Central Time.

  17. Quality Control.

    YabbleBabble reserves the right to remove specific products or your account from the Service if the items provided by your account are deemed not acceptable for the Service. YabbleBabble also reserves the right to edit product titles, descriptions, and images if they are deemed to be of poor wording or are viewed as being counter productive to the activity of selling products on YabbleBabble. This includes, but is not limited to, items that are deemed of poor quality or style and/or items that are deemed not in line with the interests of the Service, at the sole discretion of YabbleBabble.

  18. Payment.

    At the end of each calendar month, if your earned balance is $100 USD or more then payment will be sent to you by YabbleBabble within approximately thirty days. YabbleBabble shall not be liable for any payment based on any amounts which result from invalid queries or invalid purchases generated by any person, bot, automated program or similar device, as reasonably determined by YabbleBabble. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. YabbleBabble may change its pricing and/or payment structure at any time. Payment shall be calculated solely based on records maintained by YabbleBabble. No other measurements or statistics of any kind shall be accepted by YabbleBabble or have any effect under this Agreement.



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