i. By using any of Faire’s “services” (i.e., all components of our company listed above), as well as simply navigating or perusing Faire's website, you automatically agree to these Terms.
ii. If you do not agree with any of these Terms, you may not use Faire's services in any form or fashion.
Trademarks Policy; Dispute Resolution Process and Returns/Exchanges Policy; Online Communications Policy; and our Seller Expectations . All of these policies are a part of Faire's Terms, so be sure to read them all carefully.
2. Your Account with Faire
In order to use Faire.Shop, and any of Faire's services, you must create a user account. Our account rules are detailed below and are an important part of your participation in Faire’s activities whether as buyer or seller––so we suggest you read them carefully and become familiar with them.
i. You must be at least 18 years of age, or older, to use Faire’s services in any capacity. If you are not 18 years of age, and are 13 years old, you may only use Faire’s services under the active supervision of a parent or legal guardian who is required to manage your Faire account for you. Children under 13 year of age are not allowed to use Faire or Faire's services in any capacity.
ii. By creating a Faire account, you acknowledge and agree to be solely responsible for any activity on your account. If you share a Faire account with other individuals, then the person whose billing information is on the account is ultimately responsible for any and all activities on that Faire account.
iii. You are charged with protecting your Faire account password. Because you are solely responsible for any and all activity on your account, we suggest that you maintain the security of your account password and other related information, and that you refrain from sharing or communicating such information to others unnecessarily.
iv. You must provide Faire with accurate information about yourself; and it is therefore strictly prohibited to use false information of any kind, or to impersonate another person or entity, through your account name(s), activities, communications, or the like.
v. If you choose to register with Faire as a business entity, by doing so you are guaranteeing that you posses the authority to agree and consent to these Terms on behalf of that business. All Faire accounts are also non-transferable.
vi. All users of Faire’s services, even if you decide not to list your full name as the name associated with your Faire account, are still prohibited from using any language that is
offensive, libelous, threatening, inappropriate, or that infringes upon someone else’s intellectual property rights (or otherwise violates these Terms).
3. User Privacy on Faire
4. Indemnification Information
i. If the relationship between Faire and Faire's sellers is found to be one of “joint data control” of customers’ personal information, and Faire is fined or sued because of something that you did qua joint data controller of customers’ personal information, you hereby agree to indemnify Faire for any expenses we occur in connection with your controlling and processing of customers’ information.
ii. We hope this never happens, but if Faire is sued in connection to something that you, as a buyer or seller,you did, you hereby agree to defend and indemnify us. This means that you will defend us and hold Faire harmless from any legal claim or demand, including any of Faire's employees and any and all reasonable attorney’s fees that may arise from your actions, your use or misuse of Faire's services, your breach of these Terms, or your account’s infringement on another individual’s rights.
iii. Faire reserves the right to determine and execute Faire's own legal defense in any manner we see fit, even in light of your consenting to indemnification of Faire outlined here, in which case you agree to cooperate with us accordingly.
5. Use of Faire’s services
We hereby grant you a limited, non-exclusive, non-transferable, and revocable license to use Faire’s services; one that is subject to all of these Terms, in addition to the following restrictions:
i. The names “Faire” and "Faire.Shop," and all other Faire trademarks, phrases, logos, and designs employed by us in connection to our services, are licensed trademarks, service marks, or trade dress of Faire in the United States, and in other countries. If you’d like to use any of our trademarks, please adhere completely to Faire's Trademarks Policy.
ii. By using any of Faire’s services, you acknowledge and agree that you will not violate any laws in connection with the use of those services. This includes, but is not limited to, any local, state, federal, and international laws applicable to you. It is your responsibility to obtain any licenses and/or permits required for lawful operation of your shop, and you must operate in compliance with Faire’s Sanctions Policy, and are prohibited from engaging in theft, fraud, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Faire, another Faire user, or any and all third parties.
iii. By using Faire’s services you are agreeing to never interfere, or attempt to interfere, with those services by distributing a virus or other harmful computer code, or, in any other way.
iv. By using Faire’s services you are agreeing not to “crawl,” “scrape,” or “spider” any page of Faire.Shop’s services or to reverse engineer or attempt to obtain the source code of our services.
v. By using any Faire service, you acknowledge and agree that you are responsible for paying all fees that you owe to Faire. You are also solely responsible for collecting and/or paying any applicable taxes or duties for any sales or purchases you make through Faire’s services. For digital items sold to buyers in the EU, Norway, Russia, South Korea, South Africa, Switzerland, New Zealand, or India, however, Faire will help collect and remit the correct amount of VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST and any local sales taxes collectively as “VAT”). Faire's fees, bills, taxes, and how you can pay them are fully explained in Faire's Fees & Payments Policy.
vi. Faire will provide you or your representatives with limited legal information in writing. By using Faire's services, you are agreeing to our Online Communications Policy, which describes how we communicate that specific information to you. It states that Faire can send you information electronically (e.g., by email or online message) instead of mailing you hard copies, and that Faire's electronic or digitally displayed agreement in all cases is the same as Faire's signature on paper.
6. Content Associated with Your Faire Account
Any and all content that you post while using Faire’s services will be considered your content, and not Faire’s. We neither endorse, nor make any claim of ownership to your content. “Your content” includes anything posted by you or your representatives while using Faire’s services. This includes, but is not limited to: shop or account names, pictures of any kind, profile photos, item descriptions, customer reviews, comments by you or customers, videos, etc. The following guidelines serve as the rules for meeting Faire's content standards:
i. By displaying or posting content through Faire’s services, you automatically grant Faire license to use that content. Faire does not claim any ownership of your account’s
content, but does retain your permission to use said content for any purposes deemed by Faire to help Fair.Shop expand, operate effectively, and/or develop. This license is primarily in place to help size, display, advertise, translate, market, and share your shop, your shop’s products and images/content, and to do so in a way that helps Fair.Shop expand and optimize web presence and increase sales.
This means that by posting any content, you automatically grant Faire an irrevocable, sub-licensable, worldwide, royalty-free, non-exclusive, perpetual license to utilize, replicate, keep, modify, redistribute, or to create derivative works, of your content in order to maintain Faire’s services, and for the purposes of promoting Faire.Shop or your Faire shop, in any format, and through any method, including throughout any Faire services or third-party websites or advertisements. We claim this right in order to better market our platform and increase the revenue our sellers bring in through Faire.Shop.
ii. Respect for intellectual property rights is a central priority for Faire, and we are committed to adhering to and following appropriate legal procedures to remove infringing content from Faire's services. If you own content, whether written or visual, that has been displayed in any of Faire’s services without your permission, and you want it removed, please follow the procedures detailed in Faire's Intellectual Property Policy. We will be happy to accommodate you.
iii. If content associated with your account infringes upon another person’s intellectual property rights, Faire will remove it upon notification, and will contact you about it.
iv. You hereby acknowledge that you are solely responsible for any and all of your content on Faire. This means that you claim to posses all necessary rights to any content associated with your Faire account, and that you are not infringing upon or violating any other party’s rights by displaying or using it.
v. You hereby agree that you will not post any written or visual content that may be considered abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of Faire's Prohibited Things Policy, Community Guidelines, or any part of these Terms. You also agree not to post any content that is false, misleading, or that uses any Faire service in a manner that is fraudulent and/or deceptive.
7. Limitation of Liability
By using Faire, you understand and agree that Faire does not manufacture, store, or inspect any of the items sold through our services. No products sold through Faire.Shop are owned by Faire; we merely determine whether or not products can be sold in our virtual marketplace (Faire.Shop) based on their adherence to our Fair Trade standards of production. By using Faire, you acknowledge that Faire screens sellers to determine whether or not they qualify as “Fair Trade” in line with our own ethical standards, which, while based on widely accepted international principles of Fair Trade (outlined by the World Fair Trade Organization), do not necessarily rely solely upon, or invoke any formal relationship with or approval of, any international Fair Trade labeling organization.
i. You hereby release Faire from all liability relating to your interactions with other users of our services. We urge all Faire users to exercise caution in all interactions with other Faire users.
ii. You agree that Faire is not responsible for the copyright compliance, legality, accuracy, or non-offensiveness of any content posted by Faire users, and accessible to you through our services. You hereby release Faire from all liability related to that content.
iii. You hereby release Faire from any legal claims related to items sold through Faire's services, including for defective items, the misrepresentation of products by sellers, or products that may cause physical injury (product liability claims).
iv. Because the items sold in Faire's marketplace are listed, made, and sold directly by independent sellers or groups, Faire cannot and does not make any warranties about their quality or safety. Any legal claim you may have related to an item you purchase on Faire must be directed against the seller of that product(s), and not against Faire.
v. You hereby acknowledge that Faire does not make any warranties with respect to Faire's gift card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a gift card or gift card code that results from any action by you or by a third-party. You also agree that Faire may prohibit the use of our gift card if a Faire gift card or gift card code has been reported stolen or lost, or if we believe that a gift card balance is being used fraudulently, or in any otherwise unauthorized manner. By participating in any special promotion or offer, you automatically agree to the rules of that special promotion or offer.
viii. In no event shall Faire’s aggregate liability for any damages exceed the larger of one hundred ($100) US Dollars, or the amount you paid Faire in the past twelve months. (Some jurisdictions may not allow these limitations on incidental or consequential damages, so the stated limitations may not apply to you).
8. Disputes with Faire and with Other Users
If you enter into a dispute with another Faire user, or a third-party, we urge you (or your representatives) and the disputing party to resolve the disagreement(s) amicably. Buyers and sellers who are unable to resolve a dispute related to a transaction carried out on Faire's websites or mobile app, may participate in Faire's dispute resolution process. The following section of these Terms contains an arbitration clause and a class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your rights to participate in class actions, class arbitrations, or representative actions. It is our intention to assist in the resolution of any issue you may encounter with Faire's services, or any unforeseeable mistakes on our part relating to your Faire account. However, if we cannot successfully resolve your specific complaints or issues to your satisfaction, then the following rules will govern any legal dispute involving Faire's services:
ii. You hereby release Faire from any claims, demands, and damages which may arise out of disputes with other Faire users or other parties.
iii. These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws, rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you reside outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
iv. In any legal dispute involving our services, you and Faire hereby agree that any dispute or claim arising from or relating to these Terms shall be finally settled by final and binding arbitration, using the English language, and administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
v. You understand that by agreeing to these Terms, you and Faire are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
vi. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, Faire will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
vii. Faire is based in Austin, Texas, so any legal action against us related to Faire’s services must be filed and take place in Austin. This means the seat of any arbitration shall be Austin, Texas. For any actions not subject to arbitration, you (where your contract is with Faire, Inc.) and Faire agree to submit to the personal jurisdiction of a state court located in Travis County, Texas or the United States District Court for the Western District of Texas, or (where Faire's contract is with Faire Ireland UC) you and Faire agree to submit to the personal jurisdiction of the court of Ireland.
viii. If you are a government entity or designated agent in the United States using Faire’s services in an official capacity, and are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any actions related to these Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Texas.
ix. If Faire makes any changes to this section (“Disputes with Faire and with Other Users”) after the date on which you last accepted our Terms, those changes will not apply to any claims filed in a legal proceeding against Faire prior to the date the changes became effective. Faire will notify you of substantive changes to the “Disputes with Faire and with Other Users” section at least 30 days prior to the date the change(s) will become effective. If you do not agree to the modified terms, you may send Faire a written notification (including via email) or close your Faire account within that 30 day timeframe.
x. By rejecting a modified version of Faire’s Terms or by permanently closing your Faire account, you agree to arbitrate any disputes between you and Faire in accordance with the provisions of this “Disputes with Faire and with Other Users” section as of the date you last accepted the Terms, including any changes made prior to your rejection of changes. If you reopen your closed Faire account, or create a new account, you agree to be bound by the current version of these Terms.
9. Warranties and Faire