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Terms of Service

A.C. Moore has always been committed to our customers, team members, the communities we serve and the future growth and development of our organization. We are unable to continue our mission without your trust in us, so we are 100% committed to protecting the privacy and security of our site and all visitors who choose to spend time on our site.

The Terms and Conditions of Service (the “Terms of Service”) apply to A.C. Moore Marketplace (“the Site”). Use of the Site, signing up as a member of the Site (“Member”), collectively referenced as you, a visitor of our Site (“You”), constitutes unconditional acceptance of these terms and conditions.

The A.C. Moore Marketplace is powered by, and operated in conjunction with Zibbet Holdings Pty Ltd (www.zibbet.com).

A.C. Moore, in our sole discretion, reserves the right to change or modify these Terms of Service, at any time. Your continued use of the Site following the posting of changes will constitute agreement to the changes.

Privacy Policy

Our Privacy Policy, incorporated by reference in these Terms of Service, describes how we collect and use information you provide to us. By accessing or using this marketplace website, mobile application or other A.C. Moore product or service on any computer, mobile phone, tablet, or other electronic device that can access the web, you agree to be bound by the Privacy Policy and warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

Use of the Site

You may use the Site only in accordance with and subject to these Terms of Service and the Site’s Privacy Policy. Once you have provided us with your email address, you have opted in to receive email communication with us. You will always have the ability to modify and control your account preferences or unsubscribe from marketing email communications, or re-subscribe, at any time. You may not use the Site for any purpose that is unlawful or prohibited by These Terms of Service or to solicit the performance of any illegal activity or other activity which infringes the rights of A.C. Moore, Zibbet Holdings Pty Ltd, or others. Notwithstanding any other rights or restrictions in these Terms of Service, you may not use this site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of A.C. Moore or Zibbet Holdings; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

How do fees work on the A.C. Moore Marketplace?

There are no listing fees or transaction fees when selling on the A.C. Moore Marketplace. You will be charged the normal payment processing fees from PayPal and Stripe. Zibbet powers the A.C. Moore Marketplace, which is one of many sales channels available on the platform. The $5/mo fee is on a per sales channel basis. Fees are charged by Zibbet in USD, and subject to change. Learn more about Zibbet’s pricing, here.

Do I need to use Zibbet to sell on the A.C. Moore Marketplace?

Yes – the only way to have a shop on the A.C. Moore Marketplace is to set it up on Zibbet. Our partnership with Zibbet means that you can sell on many other sales channels, such as Etsy, in addition to the A.C. Moore Marketplace and manage them all with ease, from one place – Zibbet.

What can I sell on the A.C. Moore Marketplace?

Your items must be handmade, hand-altered, or hand assembled by you as the maker/s running your A.C. Moore Marketplace shop. Mass-produced items or the re-selling of items that may be handmade, but you didn’t design or make yourself, are not allowed. Vintage items and craft supplies are also not eligible to be sold in the A.C. Moore Marketplace.

Intellectual Property

You acknowledge and agree that all content and information on all A.C. Moore Marketplace is protected by proprietary rights and laws, as well as copyright laws and treaties around the world. All such rights are reserved by A.C. Moore and its affiliates or licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative work from, sell or re-sell any content or information obtained from or through the Site.

Copyright Infringement

According to chapter 5 of the United States Copyright Law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action. In other words, only the copyright owner is allowed to report an infringement. According to the law, the copyright owner must provide us with 6 pieces of information before we take action:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once the above information is provided, we will remove the item(s) in infringement.

Mature content

Mature content is defined as visual representation (artistic or otherwise) of female and male genitalia, sexual activity, profane language and violence of a graphic nature. We wish to maintain a website that is suitable for general audiences and as such, if your items contain any of the above, you're responsible for following these guidelines:

  • Items must contain the word 'mature' in the title
  • The first thumbnail image must be appropriate for general audiences. You are free to show the item in its entirety in the other thumbnails

Mature content and profane language is not permitted in your username, shop title, welcome message, shop banner, avatar, item descriptions, profile page or anywhere else in your shop.

Prohibited items and conduct

The A.C. Moore Marketplace cannot always be certain to manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.

Please help us by letting us know about any prohibited, inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the ‘Report this item’ or ‘Report this shop’ link that is displayed nearby each item and towards the bottom of a shopfront. Every case will be reviewed by our administration and the offending seller contacted. We will contact you if we need additional information from you. The offending seller will have the opportunity to provide proof to support their case. If admin are unable to deduce a definite infringement, the offending seller is given the benefit of the doubt. If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint, or request an agent to make a complaint on your behalf.

Information control

A.C. Moore does not control the Content provided by users that is made available on the A.C. Moore Marketplace. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using the A.C. Moore Marketplace, you agree to accept such risks and that A.C. Moore and Zibbet (and A.C. Moore and Zibbet’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on this marketplace. Please use caution, common sense, and practice safe buying and selling when using the A.C. Moore Marketplace.

Disclaimer of Liability

In no event shall A.C. Moore or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content or any other information obtained therein. Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitation may not apply to you. This also does not affect A.C. Moore’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to A.C. Moore Marketplace website

You may link to our home page or legitimate marketplace.acmoore.com landing page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link or ownership of products, services, or content from any website that is not owned by you. We reserve the right to withdraw applicable linking permissions without notice.

Disclaimer of Trademarks, images of personalities and third-party copyright

Any trade marks/names featured on the Site are owned by the respective trade-mark owners. Where a trade-mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to A.C. Moore.

Indemnity

You agree to indemnify, defend and hold harmless A.C. Moore, its Directors, Officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Services.

Variation

A.C. Moore shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible, where any clause, sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as-is permitted by law.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

This Site is operated by an Australian entity, and these Terms of Service are governed by the laws of the State of New South Wales, Australia. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Sydney, New South Wales, Australia and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site. You agree that all claims you may have against Zibbet Holdings Pty Ltd and affiliates of Zibbet arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the State of New South Wales. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

General Disclaimer

Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect. These Terms (and any other terms or agreements referenced herein) constitute the entire agreement between you, A.C. Moore & Zibbet Holdings with respect to this Site and supercede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and A.C. Moore with respect to this Site.

Breach

Without limiting any other remedies, A.C. Moore may, without notice, and without refunding any fees, delay or immediately remove content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: A.C. Moore suspects by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise a user has breached this Agreement, or other policy documents incorporated herein.

Termination

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Contact Us

There are various ways of reaching A.C. Moore privately or through our public social media accounts. For appropriate routing of your questions, feedback, complaints, or general comments and queries, email us at marketplace@acmoore.com and a member of our Customer Support team will assist you or route your query to the appropriate team member. For privacy or data protection queries or requests, email dataprivacy@acmoore.com and a member of our Data Privacy Team will be assigned to your request.

You may also send us mail here:

A.C. Moore attn: Customer Support

130 Berlin Drive

Berlin, NJ 08009

USA