Acceptance of Terms
By accessing or using the Divine 9 Marketplace Exchange (Divine9ME) website, mobile applications, or services (collectively, “Service”), you agree to be bound by these Terms and Conditions (“Terms”). These Terms affect your legal rights and obligations, so please read them carefully. If you do not agree to these Terms, do not use the Service.
Modifications to Terms
Divine9ME reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
Compliance with Organizational Notices and Bylaws
Sellers and buyers must adhere to any notices and/or bylaws issued by Alpha Phi Alpha, Alpha Kappa Alpha, Kappa Alpha Psi, Omega Psi Phi, Delta Sigma Theta, Phi Beta Sigma, Zeta Phi Beta, Sigma Gamma Rho, and Iota Phi Theta (collectively under the National Pan-Hellenic Council and referred to as Historically Black Greek-letter Organizations or HBGLO) regarding the selling and buying of items bearing their crest, shield, marks, and/or designs. It is the responsibility of the sellers and buyers to ensure compliance with these notices and bylaws when engaging in transactions involving such items on the Divine9ME platform.
If the seller is a vendor or manufacturer of HBGLO items (not selling their own personal new or gently used paraphernalia) they must be an authorized vendor according to the requirements established by that HBGLO.
Divine9ME is not responsible for verifying the membership status of buyers with respect to any HBGLO for items listed or sold on the site. Buyers are solely responsible for ensuring they meet any membership requirements set forth by the respective HBGLO when purchasing items bearing their crest, shield, marks, and/or designs.
Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to use the Service. By agreeing to these Terms, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.
You are solely responsible for all activities that occur under your account. In the case of a minor using the account, both the minor and the parent or guardian permitting the use are jointly responsible for all activities conducted through the account.
Account Registration and Security
To access some features of the Service, you may be required to register for an account. When registering, you agree to provide accurate, current, and complete information. All user accounts must be manually approved and activated, and users must accept these Terms during registration.
You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify Divine9 of any unauthorized use of your account or any other breach of security.
Payment Processing and Transactions
All transactions on Divine9ME are handled through WP Vendors using Stripe as the payment gateway. Payments are only released to sellers after the buyer accepts the shipment. For cancellations and refunds, see section on Cancellation of a Transaction and Refunds below.
Provide Accurate Information
When creating an account to access or use specific features of the Service, you must ensure that all information provided is accurate and truthful. If creating an account on behalf of a legal entity, you affirm that you have the necessary authority to do so. You agree not to impersonate another person or entity or provide false information through your account. Divine9ME reserves the right to verify the information you submit. Upon request, you must provide any necessary verification documentation, such as identification or business information. The registered name on the account will be recognized as the owner of the account. Failure to provide accurate information upon request, or providing false information, may result in the termination of your account at Divine9ME’s discretion.
Account Transfers
Transferring or assigning your account to a third party is not permitted without Divine9ME’s prior written consent. Should you request to transfer or assign your account, Divine9ME may ask for additional information to process the request. The transfer, sale, or any other disposal of your account is strictly prohibited without express authorization.
User Conduct
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Divine9ME servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Divine9ME grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Divine9ME.com for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Use of the Service
Divine9ME grants you a limited, non-exclusive, non-transferable, and revocable license to use the Service subject to the terms and conditions of these Terms. You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. You may not use the Service in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
Chargebacks and disputed transactions will be handled on a case-by-case basis. Sellers may be subject to fees in the event of a chargeback or dispute.
Divine9ME is not responsible for calculating or collecting sales tax for transactions based on the seller’s and buyer’s locations. Sellers are solely responsible for determining their tax obligations and collecting and remitting any applicable taxes.
Sellers may print shipping labels directly from their Dashboard via the Orders tab and update the order status to “shipped” to trigger a tracking email to the buyer. Tracking information must be provided to buyers via email once the seller marks the order as “shipped” and includes any additional notes.
SELLER REQUIREMENTS AND OBLIGATIONS
Shipping
We strongly recommend Sellers use a Trackable shipping method: USPS Priority Post, UPS, FedEx, etc., and provide accurate product dimensions and weight when listing items; this is for the protection of both the Seller and the Buyer; once you ship an item with a tracking number, you can track the shipment and enjoy an added level of protection that the item was delivered properly should a dispute arise.
Sellers may print shipping labels directly from their Dashboard via the Orders tab and update the order status to “shipped” to trigger a tracking email to the buyer. Tracking information must be provided to buyers via email once the seller marks the order as “shipped” and includes any additional notes.
Payment
Sellers can expect to be paid within 48 hours of a transaction clearing, typically via the online money transfer app PayPal. Sellers shall receive payment of the total amount paid by the buyer for each transaction, less applicable Payment Processing Fees (approximately 3.5%), and a commission retained by Divine9ME, which shall be calculated at a rate of twenty percent (20%), with the potential for adjusted commissions for “Power Users” based on performance.
Social Media
Divine9ME encourages sellers to cross-promote their individual storefronts on multiple social media platforms. Sellers have access to customization options for their storefronts, such as linking to social channels and adding personal touches to align with their branding.
User Content
Users may post, upload, publish, submit, or transmit content and materials, including comments, photos, messages, and other content or information (collectively, “User Content”) on or through the Service. You retain all rights in, and are solely responsible for, the User Content you post to the Service.
Transactions
Divine9ME is not a party to any transactions between users and does not facilitate transactions, except as a platform provider where applicable. Divine9ME has no control over, and assumes no responsibility for, the quality, safety, or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
License Grant
By posting User Content on or through the Service, you grant Divine9ME a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Service and Divine9ME’s, and its successors’ and affiliates’, business, including without limitation for promoting and redistributing part or all of the Service, and derivative works thereof, in any media formats and through any media channels.
User Content Representations and Warranties
You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of your User Content on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.
Intellectual Property
Divine9ME holds and retains full and exclusive ownership over all its intellectual property, encompassing but not limited to, trademarks, service marks, logos, slogans, trade dress, and all content available through the Service, including its visual design and feel (“Service Content”). This ownership extends to all technology, content, and derivative works originated from or developed through the Service, marking them as proprietary assets of Divine9ME and its licensors.
The rights granted to you under these Terms do not include any licensing or rights to use Divine9ME’s intellectual property beyond the scope explicitly outlined herein. Unauthorized actions, such as selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from any Divine9ME content or materials without explicit permission, are strictly prohibited.
The Service and all associated rights, including intellectual property rights and any technology or content derived from the Service, are the exclusive property of Divine9ME and its licensors. Nothing in these Terms is intended to, or shall be construed to, create any license or right in or under any such intellectual property of Divine9ME, except as expressly provided herein. You are expressly forbidden from engaging in any act that would sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials found on the Service, except as allowed within the bounds of these Terms.
All goodwill generated through the use of Divine9ME’s trademarks and intellectual property exclusively benefits Divine9ME. Any rights not expressly granted within these Terms are reserved by Divine9ME. While the Service may reference or display the names, logos, products, and services of other companies, such references do not imply endorsement, sponsorship, or recommendation by Divine9ME.
Cancellation of a Transaction and Refunds
Cancellations are not allowed once a buyer has placed an order, except as allowed by law. Divine9ME reserves the right to cancel orders under certain conditions, such as non-payment by the buyer, receipt of incorrect, damaged, or misrepresented items, or seller’s failure to ship on time.
If a buyer receives an incorrect, damaged item, or an item that doesn’t match its description, they must report this to Divine9ME within 72 hours of delivery. Reports should be made through the Divine9ME support channel. Approved returns will be refunded, with the exception of hazardous or illegal items, which are not eligible for return or refund.
Refunds are processed back to the original payment method unless the item isn’t eligible for return, or if the refund request is made after the seller has been paid. In such cases, or if the refund amount is below a specified threshold, Divine9ME credit may be issued instead.
Divine9ME does not offer refunds or returns for prohibited items. Transactions conducted outside of Divine9ME’s platform are not eligible for Divine9ME protection or refunds, and listings promoting such transactions will be removed.
Risk of Loss
All items purchased through Divine9ME are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Divine9ME is not liable for any loss, damage, or delay resulting from the shipment of goods, and Divine9ME encourages users to purchase shipping insurance when making transactions, as the company is not liable for any loss, damage, or delay occurring during the shipping process.
Disclaimers
The Service is provided on an “as is” and “as available” basis. Divine9ME expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Divine9ME does not guarantee the accuracy, completeness, or usefulness of the Service, and you rely on the Service at your own risk. Any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, INCLUDING ANY CONTENT IT MAY INCLUDE, IS AT YOUR OWN RISK. DIVINE9ME OFFERS THE SERVICE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THIS INCLUDES, BUT IS NOT LIMITED TO, THE DISCLAIMER OF IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIVINE9 DOES NOT WARRANT THAT (1) THE SERVICE WILL ENABLE YOU TO BUY OR SELL ITEMS SUCCESSFULLY, (2) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, (3) THE USE OF THE SERVICE WILL PROVIDE ACCURATE, RELIABLE, OR COMPLETE RESULTS, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
DIVINE9ME DISCLAIMS ALL WARRANTIES RELATING TO THE GOODS OFFERED OR SOLD THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO THEIR AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY, THE ACCURACY OF LISTINGS, OR THE ABILITY OF USERS TO COMPLETE TRANSACTIONS. YOU UNDERSTAND THAT ANY AUTHENTICATION PROCESSES EMPLOYED BY DIVINE9ME ARE MEANT TO ADD A LAYER OF VERIFICATION BUT DO NOT GUARANTEE ITEM AUTHENTICITY. ANY REFUNDS PROVIDED UNDER DIVINE9’S PROTECTION POLICIES SHALL BE YOUR SOLE REMEDY FOR RECEIVING AN ITEM THAT IS NOT AUTHENTIC OR AS DESCRIBED.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, DIVINE9ME, TOGETHER WITH ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE “DIVINE9ME PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT DIVINE9ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE ACCESS TO OR USE OF THE SERVICE OR ANY TRANSACTIONS MADE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR DAMAGE TO PROPERTY, RESULTING FROM THIS AGREEMENT OR FROM YOUR INTERACTIONS WITH ANY OTHER SERVICE USERS. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.
THE AGGREGATE LIABILITY OF THE DIVINE9ME PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF THE TOTAL AMOUNTS YOU HAVE PAID TO DIVINE9ME AS A SELLER IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE DIVINE9ME PARTIES FOR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE LEGALLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FURTHERMORE, OUR LICENSORS AND SERVICE PROVIDERS SHALL NOT BE HELD LIABLE UNDER THIS AGREEMENT. YOU AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST THEM UNDER THIS AGREEMENT.
IN ACCORDANCE WITH APPLICABLE LAW, YOU MAY NOT FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE MORE THAN TWELVE (12) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Indemnification
You agree to defend, indemnify, and hold harmless Divine9ME, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, (i) your access to or use of the Service, including any items purchased or sold; (ii) your User Content or feedback; (iii) your breach of these Terms; (iv) your violation, misappropriation, or infringement of another’s rights (including privacy or intellectual property rights); or (v) your violation of applicable laws.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service and your listing, purchase, solicitation of offers to purchase, and sale of items. Divine9ME reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Severability
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Governing Law
These Terms and any disputes arising out of or related to the services provided by Divine9ME, including but not limited to the use of the Divine9ME platform, shall be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regard to its conflict of law principles. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the state or federal courts located in Maryland, and you hereby expressly consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Arbitration
You and Divine9ME agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Termination of Service
Divine9ME reserves the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Entire Agreement
These Terms, together with any additional terms and conditions or policies referenced herein, constitute the entire agreement between you and Divine9ME concerning the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Divine9ME with respect to the Service.
Contact Information
For any questions about these Terms, please contact Divine9ME at: contact@divine9me.com.