THE SILVER TUNA MARKETPLACE™
TERMS OF USE
Publicly viewed for platform viewers and users
Document Version: 1.0
Last Updated: November 2024
INTRODUCTION
Welcome to The Silver Tuna Marketplace (“Platform,” “we,” “us,” “our”). These Terms of Use explain the rules and conditions that apply when you access or use our website, browse listings, or interact with products and sellers. These Terms of Use apply to all visitors and users of our website and all seller websites accessed through the Platform.
1. ACCEPTANCE OF TERMS
1.1 Agreement to Terms
By accessing or using The Silver Tuna Marketplace website (thesilvertuna.com) and related services (collectively, the “Platform”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you may not access or use the Platform.
1.2 Who These Terms Apply To
These Terms apply to:
All visitors to the Platform
Users browsing the marketplace directory
Anyone accessing seller websites through the Platform
Subscribers to newsletters and marketing communications
Anyone interacting with Platform content
1.3 Additional Terms
Additional terms may apply to specific services or features:
Purchases from sellers: See our Terms of Sale
Privacy practices: See our Privacy Policy
Sellers: See Seller Legal Documents (separate agreements)
1.4 Changes to Terms
We may update these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after changes constitutes acceptance of the updated Terms. We will indicate the “Last Updated” date at the top of this document.
1.5 Eligibility
You must be at least 13 years old to use the Platform with parental or guardian permission and guidance. You must be 18 years old to open an account independently. By using the Platform, you represent and warrant that you are at least 13 years old with permission and guidance or 18 years old and have the legal capacity to enter into these Terms.
2. PLATFORM DESCRIPTION
2.1 What We Are
The Silver Tuna Marketplace is an online marketplace platform that connects independent sellers of products like but not limited to luxury goods, vintage, antiques, collectibles, and heritage items with customers.
We are NOT:
A retailer or merchant
A seller of products
An owner of inventory
A manufacturer or distributor
2.2 What We Do
We provide:
A marketplace directory of independent sellers
Website hosting and technical services for sellers
Marketing and advertising services for sellers
A platform for discovering and browsing products
Links to individual seller websites
2.3 What We Don’t Do
We do NOT:
Sell products directly to customers
Own, manufacture, or control seller inventory
Set prices for products (sellers control pricing)
Handle product fulfillment or shipping (sellers do this)
Provide warranties or guarantees for products (sellers do this)
Process returns or refunds (sellers handle this)
2.4 Seller Independence
Each seller on the Platform is an independent business. Sellers are solely responsible for:
Product quality, authenticity, and condition
Product descriptions and pricing
Order fulfillment and shipping
Customer service and support
Returns, refunds, and exchanges
Compliance with applicable laws
We are not responsible for seller actions, products, or services.
3. USER ACCOUNTS
3.1 Account Creation
Currently, the Platform does not require user accounts for browsing. If we introduce user accounts in the future:
You will be responsible for maintaining account security
You must provide accurate and complete information
You may not share your account credentials
You are responsible for all activity under your account
3.2 Account Termination
We reserve the right to suspend or terminate access to the Platform for:
Violation of these Terms
Fraudulent or illegal activity
Abusive or harassing behavior
Any reason at our sole discretion
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Platform Content
The Platform and its content (including but not limited to text, graphics, logos, images, software, and design) are owned by The Silver Tuna Marketplace LLC or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Our trademarks include:
The Silver Tuna Marketplace
The Silver Tuna logo and branding
Platform design and layout
Marketing materials and content
4.2 Seller Content
Sellers retain ownership of their content (product images, descriptions, business names, logos, etc.). By listing on the Platform, sellers grant us a non-exclusive license to display their content for Platform operations and marketing.
4.3 Restrictions on Use
You may NOT:
Copy, reproduce, or distribute Platform content without permission
Modify, create derivative works, or reverse engineer the Platform
Use our trademarks, logos, or branding without written permission
Frame or mirror any part of the Platform
Use automated tools (bots, scrapers, crawlers) to access the Platform
Remove or alter copyright notices or proprietary markings
4.4 Permitted Use
You may:
Browse and view Platform content for personal, non-commercial use
Share links to the Platform on social media
Print or download content for personal reference
Contact sellers through provided channels
4.5 User-Generated Content
If you submit content to the Platform (reviews, comments, feedback, etc.):
You grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content
You represent that you own or have rights to the content
You agree not to submit illegal, offensive, or infringing content
We reserve the right to remove any content at our discretion
5. USER CONDUCT & PROHIBITED ACTIVITIES
5.1 Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms.
5.2 Prohibited Activities
You may NOT:
Illegal Activities:
Violate any local, state, federal, or international law
Engage in fraud, theft, or deceptive practices
Infringe on intellectual property rights
Transmit illegal or harmful content
Platform Abuse:
Use automated tools (bots, scrapers, spiders) to access the Platform
Attempt to gain unauthorized access to Platform systems
Interfere with or disrupt Platform operations
Introduce viruses, malware, or harmful code
Overload or disable Platform infrastructure
Harassment & Abuse:
Harass, threaten, or abuse sellers or other users
Post offensive, defamatory, or discriminatory content
Impersonate others or misrepresent your identity
Spam or send unsolicited communications
Commercial Misuse:
Use the Platform for unauthorized commercial purposes
Compete with the Platform using scraped data
Resell or redistribute Platform content
Create derivative marketplaces using our content
5.3 Consequences of Violations
Violations may result in:
Immediate termination of Platform access
Legal action and liability for damages
Reporting to law enforcement authorities
Cooperation with legal investigations
6. THIRD-PARTY LINKS & SERVICES
6.1 Seller Websites
The Platform contains links to individual seller websites. When you click on a seller’s listing or website link, you are leaving the Platform and entering the seller’s independent website.
We are not responsible for:
Seller website content or functionality
Seller privacy practices or data collection
Transactions conducted on seller websites
Seller compliance with laws or regulations
Each seller’s website is governed by their own terms and privacy policy.
6.2 Third-Party Services
The Platform may integrate with third-party services:
Stripe: Payment processing (subject to Stripe’s terms)
Google Analytics: Website analytics (subject to Google’s privacy policy)
Social Media: Links to social platforms (subject to their terms)
We are not responsible for third-party services, their availability, or their practices.
6.3 External Links
The Platform may contain links to external websites for reference or convenience. We do not endorse, control, or assume responsibility for external websites or their content.
7. DISCLAIMERS & WARRANTIES
7.1 “AS IS” Basis
The platform is provided “as is” and “as available” without warranties of any kind, either express or implied.
7.2 No Warranties
WE disclaim all warranties, including but not limited to:
Merchantability: The Platform is suitable for any particular purpose
Fitness for Purpose: The Platform meets your specific needs
Non-Infringement: The Platform does not infringe third-party rights
Accuracy: Information on the Platform is accurate or complete
Availability: The Platform will be uninterrupted or error-free
Security: The Platform is completely secure or free from viruses
7.3 Product Disclaimers
we make no warranties regarding:
Product quality, authenticity, or condition
Product descriptions or representations by sellers
Product availability or pricing accuracy
Seller reliability or performance
Transaction outcomes or customer satisfaction
All product warranties (if any) are provided by sellers, not by the Platform.
7.4 Information Accuracy
While we strive for accuracy, we do not warrant that:
Platform content is accurate, complete, or current
Seller information is verified or reliable
Product listings are up-to-date
Prices or availability are correct
You are responsible for verifying information before making decisions or purchases.
8. LIMITATION OF LIABILITY
8.1 Maximum Liability
To the maximum extent permitted by law, the silver tuna marketplace llc, its officers, directors, employees, agents, and affiliates shall not be liable for any damages arising from your use of the platform.
8.2 Types of Damages Excluded
We are not liable for:
Direct damages: Loss of money, property, or data
Indirect damages: Lost profits, business interruption, or opportunities
Consequential damages: Damages resulting from Platform use
Incidental damages: Costs of substitute services or products
Punitive damages: Damages intended to punish
Special damages: Unique or unusual damages
8.3 Specific Exclusions
We are not liable for:
Seller actions, products, or services
Transactions between you and sellers
Product defects, injuries, or damages
Shipping delays or lost packages
Seller fraud or misrepresentation
Data breaches or security incidents (beyond our reasonable control)
Platform downtime or technical issues
Third-party service failures (Stripe, hosting providers, etc.)
User-generated content or interactions
Unauthorized access to your account or data
8.4 Liability Cap
If we are found liable despite these limitations, our total liability shall not exceed $100 or the amount you paid to us in the 12 months preceding the claim (if any), whichever is greater.
8.5 Jurisdictional Variations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
9. INDEMNIFICATION
9.1 Your Indemnification Obligation
You agree to indemnify, defend, and hold harmless The Silver Tuna Marketplace LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:
Your use of the Platform
Your violation of these Terms
Your violation of any law or regulation
Your infringement of third-party rights
Your interactions with sellers or other users
Content you submit to the Platform
Your negligence or willful misconduct
9.2 Defense and Settlement
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense and not settle any claim without our prior written consent.
10. DISPUTE RESOLUTION
10.1 Informal Resolution
Before filing a formal claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days.
10.2 Binding Arbitration
If informal resolution fails, you agree that any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration, not in court.
Arbitration terms:
Conducted by the American Arbitration Association (AAA)
Governed by AAA Commercial Arbitration Rules
One arbitrator selected according to AAA rules
Location: Florida (or mutually agreed location)
Each party pays their own costs and fees
Arbitrator’s decision is final and binding
10.3 Exceptions to Arbitration
The following disputes are NOT subject to arbitration:
Small claims court matters (under jurisdictional limits)
Intellectual property disputes (trademark, copyright, patent)
Injunctive relief for urgent matters
Claims that cannot be arbitrated under applicable law
10.4 Class Action Waiver
You agree that disputes will be resolved on an individual basis only. you waive any right to participate in class actions, class arbitrations, or representative actions.
10.5 Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved in the state or federal courts located in Florida.
10.6 Statute of Limitations
Any claim arising from these Terms or your use of the Platform must be filed within one (1) year of the claim arising, or it is permanently barred.
11. TERMINATION
11.1 Termination by You
You may stop using the Platform at any time. If user accounts are introduced, you may close your account by contacting us.
11.2 Termination by Us
We may suspend or terminate your access to the Platform at any time, with or without notice, for:
Violation of these Terms
Fraudulent, illegal, or abusive activity
Harm to the Platform, sellers, or other users
Any reason at our sole discretion
11.3 Effect of Termination
Upon termination:
Your right to access the Platform immediately ceases
Provisions that should survive termination remain in effect (disclaimers, limitations of liability, indemnification, dispute resolution)
We are not liable for any consequences of termination
12. GENERAL PROVISIONS
12.1 Entire Agreement
These Terms, together with our Privacy Policy and Terms of Sale, constitute the entire agreement between you and The Silver Tuna Marketplace regarding your use of the Platform. They supersede all prior agreements, understandings, or communications.
12.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
12.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative.
12.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any successor or affiliate without restriction.
12.5 No Agency
These Terms do not create any agency, partnership, joint venture, or employment relationship between you and The Silver Tuna Marketplace. You are not authorized to act on our behalf or bind us to any obligation.
12.6 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet/telecommunications failures.
12.7 Notices
Notices to you may be provided via email, Platform announcements, or posting to the website. Notices to us should be sent to:
The Silver Tuna Marketplace
Email: [email protected]
12.8 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
12.9 Survival
Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions.
13. PRIVACY & DATA PROTECTION
13.1 Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Platform, you consent to our privacy practices as described in the Privacy Policy.
View our Privacy Policy
We collect information about your use of the Platform, including:
Browsing behavior and pages viewed
Device information and IP address
Cookies and tracking technologies
Information you voluntarily provide
See our Privacy Policy for complete details.
13.3 Cookies
We use cookies and similar technologies to improve your experience, analyze Platform usage, and deliver targeted advertising. You can manage cookie preferences through your browser settings.
See our Privacy Policy for cookie details.
14. ACCESSIBILITY
14.1 Commitment to Accessibility
We are committed to making the Platform accessible to users with disabilities. We strive to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
14.2 Accessibility Features
The Platform includes:
Screen reader compatibility
Keyboard navigation support
High contrast mode options
Adjustable text size
Alternative text for images
14.3 Accessibility Feedback
If you encounter accessibility barriers, please contact us:
Email: [email protected]
Subject: “Accessibility Issue”
Include: Description of the issue and your contact information
We will work to address accessibility concerns promptly.
15. INTERNATIONAL USE
15.1 U.S.-Based Platform
The Platform is operated from the United States and intended primarily for U.S. users. We make no representation that the Platform is appropriate or available for use in other locations.
15.2 International Access
If you access the Platform from outside the United States:
You do so at your own risk
You are responsible for compliance with local laws
Your information may be transferred to and processed in the United States
U.S. law governs these Terms and your use of the Platform
15.3 Export Controls
You agree to comply with all applicable export control laws and regulations. You may not use the Platform in violation of U.S. export laws or regulations.
16. DMCA COPYRIGHT POLICY
16.1 Copyright Infringement
We respect intellectual property rights and expect users to do the same. If you believe content on the Platform infringes your copyright, please notify us.
16.2 DMCA Notice Request
To file a DMCA takedown request, provide:
Your contact information (name, address, phone, email)
Description of the copyrighted work
Location of the infringing content (URL)
Statement of good faith belief that use is unauthorized
Statement that information is accurate under penalty of perjury
Your physical or electronic signature
Send DMCA request to:
Email: [email protected]
Subject: “DMCA TAKEDOWN REQUEST”
16.3 Counter-Notice
If your content was removed due to a DMCA notice and you believe it was removed in error, you may file a counter-notice with the same information plus a statement consenting to jurisdiction.
16.4 Repeat Infringers
We will terminate access for users who are repeat copyright infringers.
17. ACKNOWLEDGMENT
By using the silver tuna marketplace platform, you acknowledge that:
You have read and understood these Terms of Use
You agree to be bound by these Terms
You understand the Platform is a marketplace connecting independent sellers with customers
You understand we are not responsible for seller products, services, or actions
You understand the limitations on our liability
You agree to resolve disputes through binding arbitration
You have reviewed our Privacy Policy and Terms of Sale
18. CONTACT INFORMATION
18.1 Questions About These Terms
For questions about these Terms of Use:
Email: [email protected]
Subject: “Terms of Use Question”
18.2 General Inquiries
For general questions or support:
Email: [email protected]
Phone: 470-422-9199
Website: www.thesilvertunamarketplace.com
18.3 Seller Inquiries
For questions about becoming a seller:
Email: [email protected]
Website: www.thesilvertunamarketplace.com/sellers-network
Questions and Support
Email Support: [email protected]
Phone: 470-422-9199 | Support Hours: Daily 9 AM – 9 PM EST
Emergency Support: 365/24/7 for critical issues | Issues not deemed critical after hours may be charged for time and service
Questions about this or any other document? Contact us – we’re here to help you succeed.
© 2025 The Silver Tuna Marketplace™ is a trademark of Branded Brain Studio. All rights reserved. No part of this document may be reproduced, distributed, or transmitted in any form or by any means without the prior written permission of Branded Brain Studio.
