条款和规定

Users are requested to read these terms and conditions carefully before purchasing antiques from Black Tortoise Antiques LLC.

All property is sold as it is and where it is. All sales are final.

We encourage you to thoroughly inspect and ask questions regarding the items you wish to purchase. It is the buyer’s responsibility to determine ages, condition, value.

Written or oral descriptions are our opinions only and should in no way be construed as a guarantee or warranty of any kind.  If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend that you do not purchase on the item in question.

1. Accepting These Terms

This document and the other documents that we reference below make up our store rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Black Tortoise Antiques LLC.

By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Black Tortoise Antiques LLC, and the other services provided by Black Tortoise Antiques LLC (we’ll refer to Black Tortoise Antiques LLC, our mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!

1. Store Rules for Buyers, Sellers and Third Parties

Black Tortoise Antiques LLC’s Services connect people around the world, both online and offline, to buy and sell unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

Our Store Rules for Everyone. If you use any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Our Store Rules for Sellers. If you list any items for sale through our Services, these policies apply to you.

Our Store Rules for Buyers. If you use our Services to browse or shop, these policies apply to you.

Our Store Rules for Third Parties. These policies apply to:

• Intellectual property owners
• Anyone requesting information from Black Tortoise Antiques LLC
• Black Tortoise Antiques LLC API users
• Affiliates

All of these policies are a part of our Terms, so be sure to read the parts that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

1. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.

Both Black Tortoise Antiques LLC and sellers’ personal information (for example, buyer name, email address, and shipping address) is therefore considered separate and independent data controllers of buyers’ personal information under the US regulations. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Black Tortoise Antiques LLC, will be responsible for that unauthorized disclosure.

If, however, Black Tortoise Antiques LLC and sellers are found to be joint data controllers of buyers’ personal information, and if Black Tortoise Antiques LLC is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer’s personal information, you agree to indemnify Black Tortoise Antiques LLC for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Black Tortoise Antiques LLC.

1. Your Account with Black Tortoise Antiques LLC

You’ll need to create an account with Black Tortoise Antiques LLC to use some of our Services. Here are a few rules about accounts with Black Tortoise Antiques LLC:

1. You must be 18 or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 are not permitted to use Black Tortoise Antiques LLC or the Services. You are responsible for any and all account activity conducted by a minor on your account.
2. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, or infringes someone’s intellectual property rights, or otherwise violates the Terms.
4. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
6. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Black Tortoise Antiques LLC.
7. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
2. Permission to Use Your Content. By posting Your Content through our Services, you grant Black Tortoise Antiques LLC a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Black Tortoise Antiques LLC function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
3. Rights You Grant Black Tortoise Antiques LLC. (Here’s the legalese version of the last section). By posting Your Content, you grant Black Tortoise Antiques LLC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Black Tortoise Antiques LLC, your Black Tortoise Antiques LLC shop, or the Services in general, in any formats and through any channels, including across any Black Tortoise Antiques LLC Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with this license, to the extent Your Content contains any personal information.

That sounds like a lot, but it’s necessary for us to keep Black Tortoise Antiques LLC going. Consider these examples: if you upload a photo of a listing on your Black Tortoise Antiques LLC shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into Chinese so a buyer in China can learn the story behind your item, we can also change any errors you may have made whilst supplying your description; and if you post a beautiful photo of your latest antique item, we can feature it on our homepage, in one of our blogs or even on a billboard or advertisement to help promote your business and Black Tortoise Antiques LLC’s.

1. Reporting Unauthorized Content. Black Tortoise Antiques LLC has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
2. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Black Tortoise Antiques LLC’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
3. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:

1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your online shop requires; you may not sell anything that violates any laws; you must comply with our policies and don’t engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Black Tortoise Antiques LLC, another Black Tortoise Antiques LLC user, or a third party.
2. Pay Your Bills. You are responsible for paying all fees that you owe to Black Tortoise Antiques LLC. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
3. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.
4. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
5. Follow Our Trademark Policy. The name “Black Tortoise Antiques LLC” and the other Black Tortoise Antiques LLC marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Black Tortoise Antiques LLC in the US, China, and other countries. If you’d like to use our trademarks, please contact us for a request.
6. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Black Tortoise Antiques LLC (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7. Talk to Us Online. Black Tortoise Antiques LLC will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
8. Understanding Consumer Rights. It is your duty, as either buyer or seller, to understand your consumer rights when using Black Tortoise Antiques LLC’s services. In the US, this would mean being aware of – and complying with – the Consumer Rights Act and associated laws. It is the sole responsibility of both buyers and sellers outside the US to be aware of – and comply with – those laws which apply to your locality, as well as any international laws which may apply. All returns policies of Black Tortoise Antiques LLC dealers must ensure that they abide within the appropriate legal framework and it is the duty of all dealers to familiarize themselves with these legalities.
9. Termination

Termination by You. We’d hate to see you go, but you may terminate your account with Black Tortoise Antiques LLC by providing one month’s notice in writing via post or email. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Black Tortoise Antiques LLC is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, though we endeavor to ensure they are Antiques Professionals, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Black Tortoise Antiques LLC is not a party to those agreements; they are solely between you and the third party.

Warranties. Black Tortoise Antiques LLC is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Black Tortoise Antiques LLC, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of, or in connection, with the Services or these Terms. In no event shall Black Tortoise Antiques LLC’s aggregate liability for any damages. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

1. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Black Tortoise Antiques LLC gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Black Tortoise Antiques LLC (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us, so we can execute our strategy.

1. Disputes with Other Users

If you find yourself in a dispute with another user of Black Tortoise Antiques LLC’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Black Tortoise Antiques LLC will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, at our sole discretion; we will not make judgments regarding legal issues or claims. Black Tortoise Antiques LLC has no obligation to resolve any disputes.

Release of Black Tortoise Antiques LLC. You release Black Tortoise Antiques LLC from any claims, demands, and damages arising out of disputes with other users or parties.

1. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

1. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Black Tortoise Antiques LLC regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

1. Contact Information

If you have any questions about the Terms and Conditions, please email us at: bta@blacktortoiseantiques.com.