Last updated: September 4, 2025

These Terms of Use (“Terms”) are a binding agreement between you and chalkcloset.com (“chalkcloset,” “we,” “our,” or “us”) governing your access to and use of our website, marketplace, and related services (the “Services”).

By accessing or using the Services, you agree to these Terms and our linked policies: Privacy Policy, Cookie Policy, Child Safety, DMCA Policy, and any pages referenced here (collectively, the “Policies”). If you do not agree, do not use the Services.

1) Who May Use the Services

  • Age: You must be 18+ to create an account, list items, buy items, or message other users. No accounts “on behalf of” minors. See the Child Safety policy.
  • Territory: The Services are operated from the U.S. If you access from elsewhere, you consent to U.S. processing of your data.
  • Account Security: Keep credentials confidential; you’re responsible for activity under your account.

2) Our Role (Venue Only)

chalkcloset is an online venue where independent sellers (vendors) list items and buyers purchase them. Except where we explicitly say otherwise:

  • Contracts are between buyers and sellers. We do not manufacture, warehouse, or take title to items, and we do not promise quality, safety, legality, or truth of listings.
  • Payments & shipping are facilitated by third parties you or we select (e.g., Stripe, PayPal, carriers). We do not control postal/courier networks.

3) Your Account; Communications

  • Provide accurate information and promptly update changes.
  • You consent to receive transactional emails (receipts, notices). For marketing emails, you can opt out.
  • If you enable SMS, standard rates apply; reply STOP to cancel and HELP for help. See our Privacy Policy.

4) Sellers: Listings, Shipping, Fees, and Taxes

4.1 Listings & Photos

  • List only items you own and can legally sell. Describe condition accurately and include required disclosures.
  • No images of minors modeling items (face shown or not). Use mannequins/flat-lay. See Child Safety and Prohibited Items if you publish that page.

4.2 Shipping & Risk

  • Ship within stated handling times using a trackable method. Provide tracking to the buyer.
  • Unless required by law to do otherwise, risk of loss typically transfers to the buyer upon carrier acceptance when you ship to the address provided at checkout.

4.3 Fees & Payouts

  • Our commission, payment processing charges, and other fees are described on Fees & Payments and/or the Seller/Vendor Policy. We may update fees on notice.
  • If you accept cash/off-platform payment or “cash on delivery,” you must reverse-pay the commission to chalkcloset as stated in the Seller/Vendor Policy.

4.4 Taxes

  • Sellers are responsible for complying with applicable tax laws. Where we act as a “marketplace facilitator,” we may collect and remit sales tax on your behalf in certain jurisdictions and will reflect that on transaction records when applicable.
  • You’re responsible for information reporting (e.g., 1099-K) and any taxes on your earnings unless we indicate otherwise.

5) Buyers: Orders, Payments, and Returns

  • Verify item details before purchase. If you have questions, message the seller first.
  • Pay only through approved payment methods shown at checkout; off-platform payments are at your own risk and may void Buyer Protection (if offered).
  • Returns/refunds/cancellations follow our Returns/Refunds/Cancellations page (or the listing’s stated policy, if allowed by our rules).

6) Prohibited Uses & Content

You agree not to:

  • Violate laws or third-party rights; list counterfeit, stolen, illegal, hazardous, or otherwise prohibited items (see /prohibited-items if published).
  • Post or request images of minors modeling items, sexualize minors, or share a child’s personal information. See Child Safety.
  • Infringe IP rights (copyright, trademark, publicity). See DMCA Policy.
  • Harass, spam, dox, or engage in fraud, chargeback abuse, or fee circumvention.
  • Interfere with or scrape the Services, reverse engineer, bypass access or security controls, or overload our infrastructure.

We may remove or restrict content or features and suspend/terminate accounts for violations.

7) User Content & License to Us

“User Content” includes photos, descriptions, messages, reviews, shop names, and other material you submit.

  • You retain ownership of your User Content.
  • You grant chalkcloset a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, modify (formatting/display), publish, publicly perform, publicly display, and distribute your User Content solely to operate, promote, and improve the Services, including for search, indexing, and marketing that features your listing(s). This license ends when your content is deleted from our systems, subject to reasonable backup/archival retention and lawful holds.
  • You represent you have all rights needed to grant this license and that your content is accurate and lawful.

8) Intellectual Property; DMCA

We respect IP rights and will respond to proper notices under the DMCA. See DMCA Policy for takedown and counter-notice procedures. Repeat infringers may be terminated.

9) Privacy, Cookies, and Opt-Out

Your use of the Services is subject to our Privacy Policy and Cookie Policy.
For California and other U.S. state privacy rights, visit Privacy Choices for “Do Not Sell or Share” opt-out and Global Privacy Control (GPC) handling.

10) Disputes Between Users

Buyers and sellers should attempt to resolve issues in messages. If that fails, follow our Disputes/Buyer Protection page (if published) or email [email protected] with order details. We may, but are not required to, assist or make a good-faith, final administrative decision (e.g., in clear fraud/abuse cases).

11) Changes, Suspension, and Termination

We may modify the Services; refuse, remove, or restore content; and suspend or terminate accounts for any reason, including suspected violations, risk, or inactivity. You may close your account at any time. Sections that by nature should survive (e.g., licenses to the extent necessary, payments due, IP, disclaimers, limitations, arbitration) survive termination.

12) Third-Party Services

The Services may link to or rely on third-party tools (payments, analytics, shipping, content delivery). Those providers’ terms and privacy policies govern their services. We are not responsible for third-party actions or omissions.

13) Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES (AND ALL LISTINGS/CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT DEFECTS WILL BE CORRECTED.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • CHALKCLOSET WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS/REVENUE/GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
  • OUR TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS IS THE GREATER OF $100 OR THE AMOUNT YOU PAID TO CHALKCLOSET (NOT TO SELLERS) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations; in that case, the limitations apply to the fullest extent permitted.

15) Indemnification

You will defend, indemnify, and hold harmless chalkcloset and our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services; (b) your User Content or listings; (c) your violation of laws or these Terms; or (d) disputes with other users.

16) Dispute Resolution; Arbitration; Class Waiver

PLEASE READ—THIS AFFECTS YOUR RIGHTS.

Informal process. Before filing a claim, you must email [email protected] with a Notice of Dispute including your name, username, contact info, a description of the dispute, and your requested relief. We’ll try to resolve it within 60 days.

Binding arbitration. If not resolved, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration under the AAA Consumer Arbitration Rules before a single arbitrator. The Federal Arbitration Act (FAA) governs interpretation and enforcement of this section. Arbitration may be held by video/teleconference or in Aiken County, South Carolina, unless we both agree otherwise.

Small claims court option. Either party may bring an individual action in small claims court instead of arbitration.

Class/jury waiver. Arbitration is only on an individual basis. Class actions, class arbitrations, private attorney general actions, and jury trials are not allowed. The arbitrator may award relief only to the individual party and only to the extent necessary to resolve that party’s individual claim.

30-day opt-out. You may opt out of arbitration/class waiver by emailing [email protected] within 30 days of first accepting these Terms, stating you opt out and including your name, username, and the email tied to your account.

Injunctive relief for IP/safety. Either party may seek temporary or preliminary relief in court to protect intellectual property or address urgent safety/security issues while arbitration is pending.

If the class waiver is found unenforceable, this Section 16 is void as to that claim, and such claim must proceed in court.

17) Governing Law; Venue

These Terms are governed by the laws of the State of South Carolina, without regard to conflicts of laws, and by the FAA for arbitration issues. Subject to Section 16, exclusive venue for claims not subject to arbitration is the state or federal courts located in Aiken County, South Carolina, and you consent to their jurisdiction.

(If you prefer a different state, tell me and I’ll swap this section.)

18) Changes to These Terms

We may update these Terms. The “Last updated” date shows the latest version. For material changes, we’ll provide reasonable notice (e.g., on-site notice or email). Changes apply prospectively. If you continue using the Services after changes take effect, you accept the new Terms. For arbitration changes, we’ll provide special notice and an opportunity to opt out.

19) Miscellaneous

  • Severability: If any provision is invalid, the rest remain in effect.
  • Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  • No waiver: Failure to enforce is not a waiver.
  • Entire agreement: These Terms plus the Policies are the entire agreement between you and us about the Services.
  • Force majeure: We’re not liable for delays/failures due to causes beyond our reasonable control.

20) Contact

chalkcloset.com
Email: [email protected]