www.atawall.com is operated by Atawall LLC (“Atawall”) with registered address at 7901 4th st STE 300 St Petersburg FL 33702.
Please review the following basic rules that govern your use and access of the Site (the "Agreement"). Please also note that your use or access of the Site constitutes your unconditional agreement to follow and be bound by this Agreement. If you do not accept all of the terms of this Agreement, please do not use or access the Site.
1.2 Please be advised that your use and/or access to the Site are also subject to any terms and conditions applicable to certain specific Member Services (defined below). In the event of any conflict or inconsistency between the aforesaid terms, conditions and information and the terms and conditions applicable to that specific Member Service, the terms and conditions applicable to the specific Member Service shall prevail.
1.3 Member Services means a certain feature or function that Atawall reserves for only certain paying Users who undergo a specific registration or verification process. The contents and fee structure of such Member Services shall be determined by Atawall independently and reported to the applicable Users from time to time and at any time through a notice posted on the Site, email or other means.
1.4 You acknowledge and agree that Atawall may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms apply to you.
1.5 If Atawall has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Services or the Site.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Atawall.
2. The Use of the Site
3. About the publications
3.1 Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to Atawall.
3.2 You understand that by using and accessing the Site or any Services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any Service at your sole risk, and that Atawall shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.
3.3 Each User understands and accepts that the product and content listing or displaying on the Site may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each User agrees that the User who uploads or lists that content and information on the Site shall be solely responsible for any violation of third party rights. The Site and Atawall shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.
3.4 When required by the government, law enforcement body, or obligee whose legitimate right has been injured, or forced by subpoena or other legal document, Atawall may disclose the User's identity and contact information. User agrees not to bring any action or claim against Atawall for such disclosure.
3.5 The Site may allow Users to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using such sites. You acknowledge that Atawall has no control over such third parties' web sites, does not monitor such web sites, and Atawall shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
4. Transactions between the Buyers and Sellers
4.1 Each User understands and agrees that Atawall is not a traditional seller or mart. Through the Site, what Atawall provides is only an online platform or venue for information exchange and transaction between buyers and sellers, including electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online subject to the Registration Agreement. Although Atawall will monitor the regular operation of the Site to fulfill its duty of care, Atawall does not review and check each item of posted content and listing to search for infringement or illegal activity.
4.2 Despite the Terms, no agency relationship will be created between Atawall and any seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site.
4.3 User hereby acknowledges that although Atawall tries its best to provide Users with accurate information and listings posted by sellers, and do general verifications of the identity of sellers, there are still risks associated with purchasing from parties online. Therefore, we encourage you, the users of the Site, to use relevant tools available, reasonable judgment and common sense when making a deal online.
4.4 In no event shall Atawall be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from buyers, as well as any intellectual property infringement by sellers.
4.5 The users (including the seller and buyer) agree to release and indemnify Atawall and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site.
5. Limitation of Liability
5.1. To the maximum extent permitted by law, this Site is provided by Atawall on an "as is", "as available" and "with all facts" basis. Atawall makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, Atawall hereby expressly disclaims any and all warranties, express or implied, including, but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Atawall disclaims any and all warranties, express or implied, for any merchandise offered on this Site. All such warranties, representations, conditions and undertakings are hereby excluded. You acknowledge, by your use or access of the Site, that your use or access of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement.
5.2. Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Atawall or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Atawall has been advised of or should have known of the possibility of such damages.
5.3. In addition, in no event shall Atawall be liable for damages stemming from any one of the following, no matter it is special, direct, indirect, punitive, incidental or consequential damages, or related to contract, negligence, tort or otherwise:
a) Any disputes related to goods, services, or information purchased or obtained from a seller or a third-party via the Site, including, but not limited to, disputes about quality, safety, warranty, lawfulness or availability of such goods, services or information;
b) Any violation of Third Party Rights on the Site;
c) Unauthorized access to data or private information of any User on the Site; or
d) Statements or conducts of any User of the Site.
5.4. Notwithstanding any of the foregoing provisions, if Atawall, our employees, agents, affiliates, representatives or anyone acting on our behalf is found to be liable, our liability will not exceed the commissions paid by you in connection with your use of the Site during the three month period preceding the date on which the claim arose.
5.5. Atawall shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including, but not limited to, damages for loss of profits or savings, business interruption or loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following: (1) the use or the inability to use the Site or Services, (2) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site, (3) any violation of third party rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be alleged to violate third party rights or claims by any part that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third party rights claimants, (4) unauthorized access by third parties to data or private information of any User, (5) statements or conduct of any User of the Site, or (6) any matters relating to Services, however arising, including through negligence.
5.6. The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Atawall has been advised of or should have been aware of the possibility of any such losses arising.
You agree to defend, indemnify and hold Atawall and its affiliate, directors, officers and employees harmless from and against any and all losses, claims, liabilities, damages, costs and expenses, including attorneys' fees, arising from or related to (1) your use of the Site, (2) your breach of any representations and/or warranties made by you to Atawall and (3) claims asserted by third party rights claimants or other third parties relating to products offered or displayed on the Site.
7. Force Majeure
Under no circumstances shall Atawall be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
8. Copyrights, Trademarks and Other Intellectual Property Rights
8.1 Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Atawall or one of its affiliates and are protected by international copyright, patent, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this site is the exclusive property of Atawall and is also protected by international copyright, patent, trademark and other intellectual property laws.
8.2 Atawall and its suppliers and/or licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Atawall's or any third party's intellectual property rights. The Atawall names and logos and all related product and service names, design marks and slogans are the trademarks of Atawall. All other marks are the property of their respective companies. No trademark, service mark or logo license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. The unauthorized use of these names, logos or marks is strictly prohibited.
8.3 References on this Site to any names, marks, products or services of third parties or hypertext links to third party Site or information are provided solely as a convenience to you and do not in any way constitute or imply Atawall's endorsement, sponsorship or recommendation of the third party, information, product or service. Atawall is not responsible for the content of any third party site and does not make any representations regarding the content or accuracy of material on any such site. If you decide to link to any such third party web sites, you do so entirely at your own risk.
10.1 Except as explicitly stated otherwise, all notice or demand to or upon Atawall shall be in writing and delivered to Atawall by email to the following address: [email protected]
10.2 All notices or demands to or upon a User shall be effective if delivered personally, by e-mail to the e-mail address provided to Atawall during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when: (1) Atawall is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or (2) immediately upon Atawall posting such notice on an area of the Site that is publicly accessible without charge.
10.3 You agree that all agreements, notices, demands, disclosures and other communications that Atawall sends to you electronically satisfy the legal requirement that such communication should be in writing.
11.2 This Agreement represents the complete agreement between the parties with respect to your use of the Site and Services and supersedes all prior written or oral agreements and representations between the users and Atawall related to the same subject matter.
11.4 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
11.5 The failure of Atawall to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Atawall's rights with respect to such breach or any subsequent breaches.
11.6 Atawall and you are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms.
11.7 Atawall's failure to enforce any right or failure to act with respect to any breach by you of the Terms will not constitute a waiver of that right nor a waiver of Atawall's right to act with respect to subsequent or similar breaches.
11.8 Atawall may transfer this contract and all or part of its rights, obligations and interests to any party or entity in its sole discretion; however, the Users may not assign its rights, obligations and interests under this contract to any party or entity.
11.9 All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
11.10 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.
Prohibited Items Policy
Atawall is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from Atawall. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Atawall. This policy explains what is prohibited or restricted on Atawall.
The following types of items are prohibited or restricted on Atawall:
We reserve the right to remove listings that we determine are not within the spirit of Atawall. Violating this policy may result in the member's selling privileges being suspended and/or terminated.
1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
Alcohol and drugs are prohibited on Atawall. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect.
The following are examples of items that may not be sold on Atawall:
Restrictions on descriptions of purported health benefits:
A medical drug claim is a statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Atawall, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.
Atawall prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Atawall may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Atawall receives proper notice from a legal authority, we may remove an item.
2. Animal Products and Human Remains
Certain animal products are highly regulated and prohibited on Atawall due to the risk of harm to live, companion, or endangered animals.
The following are examples of animal products that may not be sold on Atawall:
3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
For safety and legal reasons, we prohibit certain dangerous items from our marketplace.
Due to the potential harm caused by hazardous materials, as well as complex legal and shipping regulations surrounding such materials, hazardous materials are prohibited on Atawall.
While not exhaustive, the following materials are examples of prohibited hazardous materials:
Recalled Items or Items that May Pose a Health or Safety Hazard
Items that have been recalled by governments or manufacturers are prohibited from being sold on Atawall. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs.
Items that may pose a health or safety hazard are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking, electrocution, or strangulation hazard. We rely on information from user reports and various government agencies to identify these items.
Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on Atawall:
4. Hate Items: Items that Promote, Support, or Glorify Hatred
We want Atawall to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humor feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.
Atawall does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organizations or people with such views.
5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
We respect the law and expect Atawall sellers to respect the law as well.
Illegal items, items that promote illegal activity, and stolen items are not allowed on Atawall. Neither are certain items that are subject to complex legal regulations or registration systems. We require sellers to follow all applicable laws for the items they list. Listings may be unavailable for users in regions where the item is restricted to purchase or sell.
Because Atawall is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. This includes, but is not limited to the sale of:
Unauthorized replicas or copies of items are prohibited on Atawall. We consider counterfeit or unauthorized goods to be items that imitate an authentic good, particularly by using a brand’s name, logo, or protected design without the brand owner’s consent. Additionally, we may consider up-cycled or re-purposed items, even if using authentic materials, to be counterfeit if they are making use of a brand's name, logo, or protected design without their permission. Examples of prohibited counterfeit or unauthorized goods include replica luxury and non-luxury items like bags and branded apparel.
Personal information may not be sold, for instance as part of a data bank or mailing list. The sale of personal or government documents, such as credit cards, identification cards, and licenses is also prohibited.
Given associated regulations, lottery tickets, cryptocurrency mining rigs, and current, exchangeable currency and postage may not be sold on Atawall. We also prohibit the sale of financial instruments such as stocks, bonds, and other securities. Collectible currency may not be offered as 'unsearched' or as a mixed lot of unknown contents.
We prohibit items which are intended to evade the detection of illegal activity, such as radar detectors, license plate covers, and materials for faking drug tests.
Items meant to fraudulently deceive others about one’s medical status are prohibited. This includes items such as fraudulent test results, or items designating an animal as a service animal. We also prohibit items which deceptively infringe on someone’s privacy, such as concealed cameras or tracking devices, and lockpicking devices.
6. Internationally Regulated Items
Atawall provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.
When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licenses, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.
When you use Atawall’s services, you are also responsible for complying with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. All Atawall members must comply with our Sanctions Policy, regardless of their location.
Atawall reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations.
You should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Atawall has no authority or control over the independent decision-making of these providers.
7. Nudity and Mature Content
As a creative community, we tend to be fairly liberal about what we allow on Atawall. That said, we prohibit pornography, illegal or exploitative items, and used intimate items. Beyond that, we allow but place restrictions on mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities by listing and tagging your items properly.
8. Violent Items: Items that Promote, Support, or Glorify Violence
We want Atawall to be a safe place for everyone. While violent content can be a legitimate part of historical, educational, or artistic expression, it should never be used to promote or glorify violent acts against others.
INTELLECTUAL PROPERTY POLICY
Atawall comply with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit reports of infringement regarding content on our marketplace, and how Atawall sellers can respond when their listings or shops are affected by a report.
1. Atawall's Role
Atawall is a marketplace comprised of third party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but Atawall does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Atawall's marketplace is generated by independent sellers who are not employees, agents, or representatives of Atawall. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.
Atawall can’t speak on behalf of intellectual property owners, nor is Atawall in a position to offer legal advice or make legal determinations whether a listing’s content infringes someone else’s intellectual property. Atawall will remove material cited for alleged intellectual property infringement when provided with a report that complies with our policies.
2. Reports of Intellectual Property Infringement
Atawall strives to respond quickly when we receive a report of intellectual property infringement that complies with our policies by removing or disabling access to the allegedly infringing material. When Atawall removes or disables access in response to a report, Atawall makes a reasonable attempt to contact the affected member, provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Atawall may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected member.
Atawall may request additional information before processing a report, such as a letter of authorization from the rights owner, identity verification of the reporting party, or other documentation regarding the claimed right. Atawall may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Atawall also reserves the right to take action against abusers of this policy.
3. Counter Notice
In accordance with the Digital Millennium Copyright Act (DMCA), Atawall accepts counter notices for copyright infringement reports only. When Atawall receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order restraining the allegedly infringing party from relisting the items, and informs Atawall of this action.
4. Repeat Infringement
Atawall only accepts withdrawals of infringement reports directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Atawall listing URLs).
Once Atawall receives a formal withdrawal of an infringement report, Atawall will contact the withdrawing party to confirm receipt and will notify the affected member of the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member's shop status.
Customs & Import Taxes
Who is going to bear the Customs & Import Taxes?
You will probably be charged to the customs fees on items ordered from Atawall, as your purchases on Atawall are considered imports since the packages are shipped from overseas.
Customs taxes are not included in the price of the item or in the delivery costs.
The taxes may depend on where your order was sent from, the type of items you bought, their value and the weight of the package. Different countries may have different tax policies regarding specific products. It’s always best to confirm this with the seller or your local customs authority.
To avoid any unforeseen surprises, please pay attention to the following:
• Ask the seller if you need to pay any additional import duties, taxes or other customs-related charges.
• Contact your local post or customs office to find out more about your country’s customs duties and taxes.
• Import duties, taxed or other customs-related charges are normally collected by the shipping company upon delivery.
• Sellers are not responsible for delays caused by the customs department in your country.
• Additional costs or delays may occur during international trade.
• Some sellers offer domestic delivery. This means that they will send your order from a warehouse in your country. In this case, you won’t be asked to pay for any additional customs duties and taxes.