ARTISTS & FLEAS TERMS OF USE
Please read the following Terms of Use (“Terms of Use” or “TOU”), as amended from time to time, before using the Artists & Fleas’ website (“Site”), mobile applications, API or any services offered by Artists & Fleas, LLC, Artists & Fleas Digital, LLC, and their respective affiliates and subsidiaries (collectively, “A&F”).
1. CONSENT; AGREEMENT
By using A&F’s Services, including visiting or browsing A&F’s Site and mobile applications, you (“User”, “Customer” or “you”) agree to be bound by this TOU, including those additional terms, conditions and policies that may be referenced by hyperlink – including our Privacy Policy. We’ll refer to the Site, the API, videos, images, mailing lists, posts and related materials, covering our markets, online merchandise and events as the “Services.” This TOU applies to all Users of the Services, including, without limitation, users who are vendors, customers, merchants, and contributors of content, information and other materials or Services on the Site. This TOU is a legally binding contract between you and A&F so please read it carefully. If you don’t agree with the Terms, you may not use our Services.
2. PRIVACY
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy.
3. AUTHORITY
A&F reserves the right to remove any item, picture, or posting from its Site at any time and for any reason without notice to any User. A&F is under no obligation to remove or change any item, picture, or posting from its Site. A&F reserves the right to refuse service to anyone and to discontinue existing service at any time. A&F also reserves the right to stop offering any of its Services to any User, at its sole discretion, including if it determines the User’s conduct to be disruptive to the business and reputation of its Site.
4. PLATFORM
A&F is a community for those who love to sell, and a destination for those who love to shop. With an emphasis on creating a marketplace to bring together makers, artists, indie designers, vintage collectors and enthusiasts, A&F is an ideal choice for buyers of these goods. A&F is a place where Customers can find unique designs, arts and crafts, vintage collections and useful household items sourced from A&F’s community of merchants. A&F stands behind the quality of the goods advertised on its site. Its goal is to make sure that the Customer is satisfied with its experience using A&F and with any purchases made. If the Customer is dissatisfied with its purchase, please, contact A&F and review A&F’s Return Policy below.
5. USER REPRESENTATIONS, COVENANTS AND LICENSE
By using our Services, User represents to A&F that (a) s/he is not a minor under applicable laws and has the authority to enter into legal contracts, and any information User has provided A&F, to the best of User’s knowledge is complete, truthful and accurate. User acknowledges that s/he has been granted a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another customer, merchant, vendor or any other third-party; the license also does not include caching, unauthorized hyperlinks to the Site, uploading, posting, or transmitting any content that User does not have legal rights to (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer codes or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in A&F’s sole discretion) an unreasonable or disproportionately large load on A&F’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
6. LIABILITY
In no event shall A&F, its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental arising out of or relating to the conduct of User or anyone else in connection with the use of the Site, the Services or this TOU, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
7. INDEMNIFICATION
User agrees to indemnify and hold A&F harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of this agreement or the documents it incorporates by reference, or User’s violation of any law or the rights of a third party.
8. DISCLAIMER
A&F makes no representations whatsoever about the content or functioning of any other websites linked to A&F, and User may use or access other third-party sites, but the use of such links or websites is entirely at User’s own risk.
9. SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
10. DATA PROTECTION
User’s personal data supplied during the transaction process is held and managed by A&F in accordance with its data protection policy available at Privacy Policy.
11. COOKIES
A cookie is a small file that is placed and resides on a User’s computer after they visit Artists & Fleas’s Site. It is recognized byArtists & Fleas’s server but will not scan your computer or do any kind of investigation to find out your Personal Information. Any Personal Information the cookie might contain is a result of a User’s own input on the Site’s form. Most of the time, when a cookie does store Personal Information, this information is coded in such a way that it is unreadable to any third party that happens to access your cookie folder. User can control the use of cookies at the individual browser level, but if cookies are disabled, it may limit User’s use of certain features or functions on the Site or through the Services.Artists & Fleas customizes certain web page content based upon User’s browser type and other information provided by the cookie. The cookie does not provide A&F with any personally identifiable information, but provides details of User’s IP address, the computer platform being used (e.g. Mac or Windows), the browser being used (e.g. Chrome or Firefox) and what domain User is accessing A&F’s site from. With this information, A&F can do the following:
(1) Ensure that the most relevant content is being shown.
(2) Track traffic patterns to the Site to determine Customer’s interests. This behavior tracking
allows the tailoring of advertisements to reflect Customer’s interests.
Our Privacy Policy provides a more detailed explanation regarding the use of cookies.
12. INTELLECTUAL PROPERTY RIGHTS
This Agreement does not grant User any intellectual property rights in A&F’s trade name, trademarks, logos, the Site, and any content developed by A&F, which shall remain A&F’s intellectual property.
13. TERMINATION
This Agreement is terminable at any time by any party. If User terminates this Agreement, User agrees to no longer access the Site and these Services. However, termination by either party will not preclude User from receiving an order for which s/he has already paid.
14. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND A&F HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ITS SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. A&F DOES NOT WARRANT AGAINST INTERFERENCE WITH CUSTOMER’S ENJOYMENT OF A&F’S SITE AND SERVICES, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A&F OR AN A&F AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY CERTAIN USERS. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY OF A&F’S COMMUNITY OF MERCHANTS PROVIDES A SEPARATE WARRANTY FOR THEIR PRODUCTS PURCHASED BY CUSTOMER, CUSTOMER SHALL BE ENTITLED TO THE BENEFITS OF SUCH WARRANTY FROM THE APPLICABLE MERCHANT.
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the use of the Site and Services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, whether oral or written, with the exception of any additional terms and conditions User may be required to accept if User chooses to use any of A&F’s additional Services.
16. ADDITIONAL POLICIES
In addition to this Agreement, there are other policies governing the buying of items on this Site – including the Privacy Policy. Those other policies, including the Privacy Policy, may be changed from time to time and such changes take effect immediately upon being posted on the Site. A&F will not notify User when it amends any policy or this TOU. When using particular services on the Site, the Customer is subject to any posted TOU or other applicable rules, policies or guidelines (“Rules”). User agrees to observe and act in accordance with the Rules during the term of this Agreement. In the event User fails to do so, User agrees to promptly correct its action when notified by A&F.
17. HEADINGS
Headings are intended for the convenience of reference purposes only, are not a material part of this Agreement and do not limit the extent or scope of the corresponding Section.
18. GOVERNING LAW; JURISDICTION.
This TOU shall be governed by, and construed in accordance with, the internal Laws of the State of New York, without giving effect to any principles of conflicts of laws. Each party hereby irrevocably submits to the jurisdiction of any State or Federal Court sitting in New York County, New York, in respect of any dispute, suit, action or proceeding arising out of or relating to this Agreement, and irrevocably accepts for itself and in respect of its property, generally and unconditionally, jurisdiction of such courts.
19. CONTACT INFORMATION
If you have any questions about the Terms, please email us at: legal@artistsandfleas.com.