The website portal and the functionalities and agreements contained therein are not targeted towards, nor intended for use by, anyone under the age of 18. By accessing and using this website portal, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the website portal. In the event we become aware you are under 18 years of age, we will pull your Content from the website, disable your passwords allowing you to access the website portal, and immediately terminate all agreements in place between Sears and you, as related to this website portal and any website related service offering extended to you from Sears.
License to the Content
If you submit to us any Content to promote any products or services offered by you to consumers through our websites, and unless we indicate otherwise, you grant Sears and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You also grant to Sears, its affiliates and sublicensees 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 submit; that the Content is accurate; that our 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 Sears, its affiliates and sublicensees for all claims arising from any and all Content that you supply. Sears has the right, but not the obligation, to monitor, edit, or remove any Content that you provide from our websites. Sears takes no responsibility and assumes no liability for any Content submitted by you or any third party on your behalf. As further defined in your program terms and conditions, you are expressly responsible for any Content you upload, and agree to defend and indemnify Sears for any liability arising for any reason whatsoever from your Content.
Your Use of Our Website
Sears hereby grants to you a limited license to access and make personal use of this website portal and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sears. This license does not include any resale or commercial use of this website or its contents; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sears. 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 Sears or its affiliates without the express written consent of Sears. You may not use any meta tags or any other “hidden text” utilizing Sears’ or its affiliates’ name or trademarks without the express written consent of Sears. Any unauthorized use by you shall terminate the license granted to you by Sears hereunder.
Communications by Emails
The Content that you provide to us for display as a product listing on the website shall at all times remain your property. However, the manner displayed and compilation of your Content with those of other third party provided or sourced content, any and all logos, graphics, text, icons, images, audio clips, digital downloads, data compilations, and software shall be deemed and shall remain the property of Sears or its supplier of such materials and protected by all applicable copyright laws. All software used in connection with this website and the services provided to you by Sears is the property of Sears or its supplier and protected under all applicable copyright laws.
If you believe any User Content or any other aspect of the Sears Marketplace infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Sears Site;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Sears Site may be reached at the following address:
Sears Holdings Management Corporation
3333 Beverly Road
Hoffman Estates, IL 60179
Or by email: email@example.com
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, IL, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Sears may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sears’ sole discretion.
Unless otherwise expressly permitted in writing by Sears, Seller shall not promote, offer for sale, or provide Sears Marketplace with Product Listings that contain any of the following items:
• pornography in any form of media;
• sexual aids or toys, or other adult novelty products;
• alcoholic beverages, cigars, cigarettes or tobacco products;
• live animals or taxidermy;
• tomb artifacts or grave-related items;
• automobiles, motorcycles, or scooters requiring registration;
• charity fundraising activities;
• used cosmetics;
• credit or debit cards;
• gift cards;
• hazardous materials, or Hazmat designated items;
• illegal and/or prescription drugs, illegal drug paraphernalia, or materials describing how to make illegal drugs;
• embargoed goods from prohibited countries currently listed by the U.S. Office of Foreign Assets Control;
• event tickets;
• firearms and weapons (including but not limited to knives, bows, guns, gun parts, gun kits, ammunition, mace, pepper spray, black powder, and explosives);
• government issued uniforms, government documents, government identifications, and government licenses;
• human parts and human remains;
• surveillance equipment (including but not limited to lock picking devices, wiretapping devices, telephone bugging devices);
• lottery tickets;
• mailing lists and personal consumer information;
• manufacturer’s coupons;
• medical devices regulated by any state or federal agency or authority;
• plants (including live plants and seeds);
• firewood or lumber (not including artificial or manufactured firelogs);
• postage meters or stamps;
• real estate;
• stocks and other securities;
• travel; and
• illegal products, illegal services, stolen or recalled products.
All Product Listings are subject to limited review by Sears. Sears reserves the absolute right at any time, without notice to Seller, and in Sears’ sole discretion, to update the list of Prohibited Merchandise and immediately pull any Merchandise in violation of this list from the Website, or take whatever action necessary to ensure compliance with this list. Your provision of any of the above Prohibited Merchandise, or any Content associated therewith containing any references to your promotion or offering of any Prohibited Merchandise to users shall provide us with immediate grounds to terminate your access and use of our website.
Disclaimer of Warranty and Limitation of Liability
Contact and Violations
For any questions regarding these Terms of Service, the Sears Marketplace FAQs, or to report any violations or problems with this site, please contact us at Seller Support.