Store Owner's Agreement
Silkyroad, offers services through the domain www.Silkyroad.store (sometimes herein the “Site”). By registering an online store with Silkyroad, you (“Store Owner,” “You” or “Your,” which collectively includes You and any other entity you may be representing) agree to abide by the Terms of Service (”Terms”) outlined below. Silkyroad reserves the right to edit these Terms at any time, so We recommend checking back from time to time for any changes that might apply to You. Your registration with Silkyroad as a Store Owner constitutes a binding agreement between You and Silkyroad (“Store Owner’s Agreement”).
Silkyroad provides a web application (“Software”) that allows Store Owners to create online stores through which they can sell goods and services online. Silkyroad also provides merchant services, including hosting of the online store, access to site design templates, marketing services and other related services as may be offered from time to time (individually and collectively, “Services”).
Silkyroad is occasionally known to speak in the rare dialect known as “legalese,” such as on this page. Please bear with Us as We do so.
When a Store Owner lists an item or product for sale on Silkyroad and a buyer agrees to purchase the item, the parties have entered into a binding agreement which both parties are required to fulfill. The Store Owner should sell and the buyer should buy the goods or services for the price agreed to by the Store Owner and its buyer.
Account Terms for All Store Owners
Order fulfillment is the Store Owner’s sole and full responsibility. All products purchased through a Silkyroad online store must be fulfilled by the Store Owner in a timely manner, and in all events within a maximum of 7 business days following completion of an order, unless otherwise agreed by the Store Owner and its buyer. Failure to fulfill orders may cause Your store to be suspended by Silkyroad.
Under no circumstances are you to make any attempt to avoid Silkyroad’s Marketplace fee or other fees. This includes writing this information in your description, FAQ, or any other public facing element on Silkyroad’s platform.
You are responsible for any customization of Your Silkyroad online storefront, including graphics and information.
You are responsible for managing all products and collections, including information about the product, product variants and product images. You must correctly and accurately describe all products listed in Your Silkyroad online store.
You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under Your Silkyroad account.
Silkyroad’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. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the Store Owner and is responsible for any and all activities.
You authorize Silkyroad to process any and all of Your Silkyroad account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Site and you are solely responsible for maintaining the confidentiality of such password and/or passphrase. Silkyroad cannot and will not be liable for any loss or damage from Your failure to maintain the security of Your account and password.
You may not use Silkyroad online stores for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).
You will generally be responsible for payment of all applicable sales, use and other taxes and government charges, whether federal, state or foreign, for each sale made through Your Silkyroad online store. As an exception, for Marketplace orders, Silkyroad is required to calculate, collect and remit sales tax for orders shipped to customers located in certain states.
We may, but have no obligation to, remove content and accounts containing content that We determine at Our sole discretion as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You expressly understand and agree that Silkyroad shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
You must not transmit any worms or viruses or any code of a destructive nature.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without the express written permission of Silkyroad.
Silkyroad does not claim any intellectual property rights over the material You provide to the Silkyroad service. All material You upload remains Yours.
You agree to not sell or rent any purchasers’ information to any third-party companies. This includes Name, Email, Address and Phone Number.
Technical support is only available via email or Our Customer Support Forum, due to the small size of Our team, which allows Us to keep costs down as We provide Our Services to You for free.
Silkyroad works hard to keep the Site operating for the benefit of its users. However, in the event of a problem, please contact Us at support(at)Silkyroad.com. Silkyroad does not warrant that the Service will be uninterrupted, timely, secure or error-free. The Service is provided on an “as is” and “as available” basis without any warranty or condition.
A breach or violation of these Terms, at the sole discretion of Silkyroad, may result in immediate termination of Your Services.
As a store owner, all of the products you sell in Storefront may also be marketed or sold through the Silkyroad online marketplace (the “Marketplace”) should you choose to open a Marketplace store.
In the event that Silkyroad markets or sells Your products in the Marketplace, Silkyroad may charge You a commission on (i) all sales made as a result of, or following, a customer’s exposure to Your products via the Marketplace and/or related marketing channels (including, but not limited to, e-mail and promotional materials) (an “Acquired Customer”) and
(ii) any subsequent sales to an Acquired Customer whether made through the Marketplace or directly through Your Storefront (collectively the “Fees”).
The determination whether a transaction is subject to the Fees shall be made in Silkyroad’s sole discretion. Information regarding the currently applicable Fees can be found here. You shall pay all Fees in accordance with Silkyroad’s then current payment policies which can be found at here. If you believe there has been an error in calculating the Fees, you can contact Silkyroad at support@Silkyroad.com.
Inclusion in the Silkyroad Marketplace is not guaranteed and your store may be removed from the Marketplace at our discretion. Reasons for removal include, but are not limited to:
Silkyroad receiving more than 3 customer complaints regarding your store;
Your store averaging a rating of less than 0;
An incomplete store FAQ section;
Missing brand assets, such as logo, banner, or poor quality photographs.
You agree not to post 3rd party advertisements of any kind in your store front. This includes banner ads, Google Adwords or affiliate programs of any kind.
We reserve the right to modify or terminate the Service for any reason, without notice, at any time.
Prohibited Listings and Products
We expect Store Owners to undertake necessary due diligence to confirm the products listed for sale in Your Silkyroad online store are in strict conformity with all applicable laws. In the event Silkyroad concludes that a product or listing for product is prohibited, possibly illegal or inappropriate, We may without any notice to You immediately remove or modify the listing for the product. Silkyroad reserves the sole right and discretion to determine whether listings for products and contents on the Site is appropriate.
The following products, items, and services are not permitted to be sold or listed for sale on the Site:
Media that has been copied likely infringes copyrights and trademarks and may not be sold on the Site. Any copyrighted materials which have been copied without authorization are prohibited on the Site. Furthermore, the following items are not permitted to be sold or displayed on the Site:
- Unauthorized copies of photographs and pictures.
- Unauthorized recordings of music or concerts.
- Unauthorized soundboard recordings.
- Unauthorized merchandise.
- Unauthorized reproductions of movies.
- Unreleased/pre-released movies or videos related thereto such as previews and trailers.
- Unpublished and unauthorized film scripts, electronic press kits and unauthorized props.
- Unauthorized reproductions of books
- Unauthorized recordings or copies of recordings of radio programs or television programs and unauthorized scripts.
- Any video games or software unless such video games and/or software are full retail versions.
- Media that is produced and distributed for promotional use only are not authorized for retail distribution or sale, including but not limited to promo books, promo music albums and CDs, promo films and promo software.
- Unauthorized replica, counterfeit and “knock-off” merchandise is prohibited.
- Celebrity images and/or the use of celebrity names without permission of a celebrity or their management including products containing such images.
- Solutions Manuals.
- Media transferred from one format to another.
- Photography, paintings, illustrations of any sort, textual descriptions, videos, DVDs, tapes or other media for visual reproduction that is pornographic or depicts a human being engaged in actual sexual conduct; gratuitous nudity or suggestive gratuitous nudity; any item depicting a nude individual under the age of 18 years; the offer to engage in sexual activity with anyone or anything; the offer of a massage or other service requiring physical contact; the offer of any service that suggests or in any way conveys an intimate service contact, including dates, escorts or other such services; adult novelties, toys, and devices of a sexual nature for which one would have to be 18 years of age to purchase in the United States. Tasteful nudity may be allowed if the artwork is considered fine art, such as Michelangelo’s David.
- Listings intended wholly or mainly as gateways to commercial or private websites for the purposes of advertising or that offer contact information for non-Silkyroad transactions.
- The sale of Internet domain names (URLs).
- Cash or equivalent instruments.
- Weapons. Silkyroad does not permit the listing of weapons of any kind. Such prohibited weapons include, but are not limited to: all firearms, ammunition, fireworks, crossbows, hunting bows, knives of any kind, nunchaku, clubs, brass knuckles, BB guns, paintball guns, pellet guns, tasers, stun guns, pepper spray, mace, blowguns, and weapons designed to be concealed.
- Illegal items. Items sold in a Silkyroad online store must adhere to all applicable laws. This includes the sale of items by individuals outside the United States. Some items that may not be sold on Silkyroad include: tobacco products including Cuban cigars, stock and securities, lottery tickets (including grab bags and raffles), illicit drugs, prescriptive devices and drugs, cable descramblers, lock-picking devices, smart cards, and any product which may lead to the production of an illegal item or illegal activity.
- Items that infringe upon an individual’s privacy including the sale of marketing lists (bulk email lists, direct-mail marketing lists, etc.).
- Living creatures and unauthorized/illegal wildlife products.
- Offensive material as deemed offensive by Silkyroad in its sole discretion including items such as crime-scene photos and human organs and body parts.
- Real estate.
- Recalled products.
- Any item that enables unauthorized transmission/reception of a satellite broadcast/signal.
- Stolen property and goods.
- Tobacco and tobacco products.
- Wine and other alcoholic beverages and related products.
- Unauthorized copies of art in any form.
- Any product that by listing the same on the Site violates any law in any jurisdiction.
- Automobile tires or batteries.
- Counterfeit money.
- Electronic smoking products.
- Illegal drugs or drug paraphernalia.
- Any product containing any hazardous or dangerous material including mercury or any product whose use is regulated by any law in any jurisdiction.
- Lockpicking equipment.
- Lottery tickets.
- Medical equipment unless approved in advance by Us.
- No plants or seeds designated by any agency as noxious or dangerous and no illegal plants or seeds.
- Postage meters.
- Slot machines.
- Electronic surveillance equipment.
- Tanning devices unless approved in advance by Us.
- Service contracts or warranties.
- Additionally, posting of links to outside websites intended to sell items—particularly those with non-Silkyroad ordering tools or information or posting promotional logos to credit outside services is strictly prohibited.
- Social followers, likes, follows, etc.
- Artifacts, grave-related items, and Native American arts and crafts (unless compliant with The Indian Arts and Crafts Act of 1990).
- Products which have been banned or restricted on other marketplaces, at our discretion.
Spam Products & Comments
Silkyroad does allow store owners to setup more than one store using the same PayPal or Stripe account, However as a store owner you are not allowed to list identical products in more than one store attached to a single PayPal or Stripe account. Any store owners found listing identical products in more than one store that they operate will have all stores attached to their account immediately disabled, as well as being banned from Silkyroad.com.
As a store owner you agree not to “spam” other products in the Silkyroad Marketplace by leaving comments including links or text asking users to view your store or product. This not only makes you look bad as a store owner it also reflects poorly on the entire Silkyroad Marketplace. Any stores found spamming the Silkyroad Marketplace will have their store and account immediately disabled.
Any store owners found “gaming” the system by creating fake user accounts to generate Envies for their products will be immediately disabled and banned from Silkyroad.com
Disclaimer and Dispute Resolution
Silkyroad ON BEHALF OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKES NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OR ANY CONTENT THEREON. Silkyroad EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICES, ALL CONTENT THEREON, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE. Silkyroad DOES NOT WARRANT : THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE CONTENT; OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, ‘WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. 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.
If a dispute arises between You and Silkyroad, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, You will have the option to pursue a claim (a “Claim”) against Silkyroad in accordance with one of the options provided below or as We and You otherwise agree in writing.
This Store Owner’s Agreement shall be governed in all respects by the laws of the State of Missouri as they apply to agreements entered into and to be performed entirely within Missouri between Missouri residents, without regard to conflict of law provisions.