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ITZCULTURE

Terms of Service

Effective: January 1, 2026 | Last revised: July 2026

1. Acceptance of Terms

By accessing, browsing, or using itzculture.com (the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Platform. These Terms constitute a legally binding agreement between you and ITZCULTURE, Inc.

2. Platform Role and Relationship

ITZCULTURE, Inc. ("Platform," "we," "us") operates itzculture.com as an online marketplace connecting independent sellers ("Sellers") with buyers ("Buyers"). We are NOT a party to any transaction between Buyers and Sellers. We act solely as an intermediary facilitating the listing, discovery, and payment processing of goods.

Each Seller is an independent business responsible for their own products, fulfillment, customer service, and compliance with applicable laws. The Platform does not manufacture, warehouse, inspect, or endorse any products listed.

3. Eligibility

You must be at least 18 years of age and legally capable of entering into binding agreements to use this Platform. By creating an account, you represent and warrant that: (a) all information provided is accurate and complete; (b) you will maintain the accuracy of such information; (c) your use of the Platform does not violate any applicable law or regulation; and (d) you have not been previously suspended or removed from the Platform.

4. Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to: (a) create a strong, unique password; (b) not share your credentials with any third party; (c) notify us immediately at security@itzculture.com of any unauthorized access or suspected breach; and (d) accept responsibility for all activities conducted under your account. We are not liable for losses resulting from compromised credentials that were not reported promptly.

5. Seller Obligations

By registering as a Seller on the Platform, you agree to:

  • Accurately describe all products including materials, dimensions, condition, and any defects
  • Fulfill orders within 3 business days of payment confirmation
  • Provide valid tracking information for all shipped orders
  • Respond to buyer inquiries within 48 hours
  • Comply with all applicable consumer protection, product safety, labeling, and tax laws
  • Maintain adequate inventory to fulfill listed items or promptly mark items as out of stock
  • Handle returns and refunds per the platform Return Policy
  • Not list prohibited items as defined in our Acceptable Use Policy
  • Maintain accurate business information and tax documentation

6. Buyer Obligations

As a Buyer on the Platform, you agree to:

  • Provide accurate and complete shipping information
  • Attempt to resolve disputes directly with the Seller before escalating to the Platform
  • Not file chargebacks with your bank without first using our dispute resolution process
  • Not misuse buyer protection by filing fraudulent or bad-faith claims
  • Not use the Platform for any illegal purpose
  • Accept delivery or make arrangements for re-delivery when items arrive

7. Payments and Fees

All payments are processed through Stripe, Inc. The Platform charges Sellers a commission per completed transaction:

  • Standard: 8% of order subtotal
  • Promoted Listings: 12% (opt-in only)
  • Featured Placement: 15% (opt-in only)

There are no listing fees, subscription fees, or hidden charges. Stripe processing fees (2.9% + bash.30 per transaction) are separate and charged directly by Stripe. All prices are displayed in USD unless otherwise specified. You agree that all purchases are final subject to the Return Policy.

8. Shipping and Delivery

Sellers are solely responsible for shipping, including carrier selection, packaging, insurance, and delivery timelines. The Platform does not purchase, provide, or subsidize shipping labels. Buyers pay shipping costs as quoted at checkout. Risk of loss transfers to the Buyer upon delivery to the carrier, unless the Seller provides delivery confirmation services.

9. Disputes, Refunds, and Chargebacks

Step 1: Buyers must contact the Seller directly through our messaging system. Sellers have 48 hours to respond.

Step 2: If unresolved after 48 hours, Buyers may open a formal dispute through the Platform. Our team mediates and issues a decision within 7 business days.

Step 3: If the Platform rules in favor of the Buyer, the refund is deducted from the Seller's balance or future payouts.

Chargebacks: Filing a chargeback with your bank without first completing our dispute process constitutes a violation of these Terms and may result in account suspension or termination. Sellers are responsible for all chargebacks arising from their transactions, including the 5 dispute fee.

10. Intellectual Property

Sellers retain ownership of their product content (photos, descriptions, etc.). By listing on the Platform, Sellers grant ITZCULTURE, Inc. a non-exclusive, royalty-free, worldwide license to display, reproduce, promote, and distribute their content in connection with the operation and marketing of the Platform. This license terminates when content is removed from the Platform.

The Platform name, logo, design, and proprietary technology are trademarks and intellectual property of ITZCULTURE, Inc. Unauthorized use is prohibited. For copyright infringement claims, see our DMCA Policy.

11. Prohibited Conduct

  • Listing counterfeit, stolen, recalled, or illegal goods
  • Circumventing platform fees by directing users to transact off-platform
  • Manipulating reviews, ratings, or search results through artificial means
  • Harassment, threats, hate speech, or discriminatory behavior toward any user
  • Automated scraping, bot purchasing, or systematic data extraction
  • Creating multiple accounts to evade enforcement actions
  • Interfering with or disrupting the Platform's infrastructure or security
  • Impersonating another user, brand, or Platform staff member
  • Using the Platform to launder money or facilitate financial crimes

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITZ CULTURE, INC. SHALL NOT BE LIABLE FOR: (a) any indirect, incidental, special, consequential, or punitive damages; (b) any loss of profits, revenue, data, goodwill, or business opportunities; (c) any damages arising from transactions between Buyers and Sellers; (d) product defects, misrepresentation, or non-delivery by Sellers; (e) any amount exceeding the total fees paid by you to the Platform in the 12 months preceding the claim. This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise).

13. Indemnification

You agree to indemnify, defend, and hold harmless ITZCULTURE, Inc., its officers, directors, employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your products, services, or content (if Seller); (d) any dispute between you and another user; or (e) your violation of any law or regulation.

14. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Termination

We may suspend or terminate your account at our discretion for violation of these Terms. For Sellers, enforcement is progressive: written warning, 7-day suspension, 30-day suspension, permanent ban — except in cases of fraud, illegal activity, or severe policy violations, which may result in immediate termination without prior notice. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including liability limitations, indemnification, and dispute resolution) will survive.

16. Dispute Resolution and Arbitration

Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in the State of Delaware. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and ITZCULTURE, Inc. regarding your use of the Platform, superseding any prior agreements.

20. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email to registered users at least 30 days before the effective date. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and close your account.

21. Contact

For questions about these Terms of Service:

ITZCULTURE, Inc.
Email: legal@itzculture.com