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Terms and Conditions - Effective January, 2010 Welcome to FairyGodCloset.com (referred to as “site” or “website”), a marketplace where women buy, sell and bond. Before you can become our girlfriend and use our services you’ll need to read and accept to our User Agreement (“Agreement”) which outlines the Terms and Conditions of using this site. The terms “we”, “us”, “our” and "Fairy GodCloset" refer to Fairy GodCloset, LLC, a Minnesota limited liability company. The term “you” refers to the user or individual visiting our website and/or selling or purchasing products or services through our website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE FOR ANY PURPOSE. YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS WITHOUT ANY MODIFICATION. BY ACCESSING, USING OR OBTAINING ANY CONTENT, PRODUCTS, OR SERVICES THROUGH THIS WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE. Please check our Terms and Conditions often as we reserve the right to make changes to it at any time and without notice. If you continue to use the site, then you continue to agree with the terms and conditions. We may also, at any time, change or impose fees or change general practices and limits for certain products and or services. Rule #1: Respect Privacy Policy Terms Eligibility & Certain Representations Member Account Ownership Rights Limited License This website and the content, including the software, downloads, text, audio, graphics, button icons, data compilations and software, may not be copied, reproduced, republished, uploaded, transmitted or distributed without our prior written permission, except that you may download, display, and print the content and materials on this website for your personal, non-commercial use only. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. You agree not to (i) take any action that might compromise the security of this website, (ii) reverse engineer any part of this website, (iii) use, authorize or permit any third party to use on your behalf any robot, spider or other automatic device, or manual process to monitor or copy any content or data without our permission, (iv) utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any webpage, (v) transmit or otherwise transfer any web pages, data or content found on this website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise and not use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including a use of a frame or border environment around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website without our prior written consent, or (v) use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment or disguise the origin of the information transmitted through the website. Termination Your Submissions You represent and warrant that any product image (“Product Image”) submitted by you in connection with a listing is an accurate image of the item listed by you. You further represent and warrant that you own all rights to the Product Image, you can use the Product Image without restriction, and that such Product Image does not infringe on any rights of third parties. Additionally, you have obtained the permission of all persons appearing in the images or if such individuals are under the age of 18, the permission of their legal guardians. You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website. We make no guarantees that we will be able to answer and comment on all Content. We have no obligation to post your Content or to ask for your approval prior to using the Content. We take no responsibility and assume no liability for any posted Content. We shall have the right but no obligation, from time to time monitor and review any Content and other transmitted information and reserve the right to censor, edit, remove or prohibit the transmission or receipt of any information that we deem, in our sole discretion, as inappropriate or in violation of Terms and Conditions. SUBMITTING CONTENT THROUGH OUR WEBSITE IS ENTIRELY VOLUNTARY. IF YOU DO NOT AGREE WITH THE ABOVE TERMS, DO NOT SUBMIT ANY CONTENT OR THE LIKE THROUGH OUR WEBSITE. YOU AGREE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY CONTENT. ACKNOWLEDGEMENTS, EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY AND OTHER DISCLAIMERS THIS WEBSITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR OTHER TECHNICAL INACCURACIES. FAIRY GODCLOSET RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. TO THE FULL EXTENT PERMISSIBLE BY LAW, ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES, INCLUDED, MADE AVAILABLE TO YOU OR REFERENCED ON THIS WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE INTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR EMAILS SENT FROM FAIRY GODCLOSET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THIS WEBSITE IN TERMS OF ITS SECURITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL FAIRY GODCLOSET, ITS AFFILIATES OR ITS AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND THAT ARISE OUT OF OR IN CONNECTION WITH (I) ANY USE OF THIS WEBSITE OR PURCHASE OF ANY PRODUCTS FROM OUR WEBSITE, (II) ANY FAILURE OR DELAY OR (III) THE PERFORMANCE OR NON PERFORMANCE BY FAIRY GODCLOSET, OTHER SELLERS OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL OR REPUTATION. YOU ACKNOWLEDGE AND AGREE THAT (I) WE ARE NOT A TRADITIONAL AUCTIONEER, (II) WE ARE NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN BUYERS AND SELLERS, (III) THAT WE ARE ONLY A VENUE, AND (IV) WE ARE NOT AN AGENT OR REPRESENTATIVE OF BUYER OR SELLER. WE DO NOT TRANSFER LEGAL OWNERSHIP OF ITEMS FROM THE SELLER TO THE BUYER. WE DO NOT VERIFY OR EXAMINE ANY OF THE ITEMS LISTED FOR SALE OR THROUGH AUCTION FOR ACCURACY OF DESCRIPTION, QUALITY, SAFETY, NOR DO WE DETERMINE OR SET THE PRICES. WE HAVE NO CONTROL OVER MISLEADING OR INACCURATE DESCRIPTIONS. WHILE WE MAY ATTEMPT TO FACILIATE AND RESOLVE DISPUTES, WE HAVE NO CONTROL AND CONNOT PROMISE OR GUARANTY ANY RETURNS, QUALITY, SAFETY OR LEGALITY OF THE ITEMS PLACED FOR SALE, THE ACCURACY OF USER LISTINGS OR CONTENT, ACTUAL ABILITY OF SUCH USERS TO SELL OR BUY LISTED ITEMS OR TO FULFILL ANY OBLIGATIONS IN SUCH TRANSACTIONS. YOU ACKNOWLEDGE THAT THERE ARE RISKS PRESENT IN DEALING WITH PERSONS AND THAT SOME SELLERS OR BUYERS MAY NOT BE TRUSTWORTHY. BY USING THIS SITE YOU AGREE TO ACCEPT SUCH RISKS, INCLUDING THAT BUYERS AND SELLERS MAY FAIL TO PERFORM ITS OBLIGATIONS. AS SUCH, YOU AGREE NOT TO HOLD FAIRY GODCLOSET LIABLE FROM ANY ACTS OR OMISSIONS OF USERS WHO FAIL TO FULFILL THEIR RESPONSIBILITIES, ACT INAPPROPRIATELY, ILLEGALLY OR OTHERWISE. YOU ALSO AGREE NOT TO HOLD FAIRY GODCLOSET LIABLE FOR OTHER USERS’ CONTENT, ACTIONS, ACTIVITIES ON THIS SITE, INCLUDING LISTING, SALE OR PURCHASE OF ITEMS OR ANY COUNTERFIT GOODS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Additional Indemnification & Release No Endorsements Links to Third Parties Relationship Governing Law and Disputes General Terms and Conditions and any other terms and conditions referenced herein constitutes the entire agreement between you and Fairy GodCloset with respect to this website and products and services offered and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Fairy GodCloset with respect to this website. A printed version of Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of Terms and Conditions to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in Terms and Conditions are for your convenience and reference; they do not limit or affect Terms and Conditions. Terms and Conditions, together with those items made a part of Terms and Conditions by reference, make up the entire agreement between us relating to your use of our website, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our website. -------------------------------------------------------------------------------------------------------------------------------------------- Permitted Transactions & General Terms for Placing Items Once you list an item for auction you have made a binding offer to sell the item to the winning bidder (defined as the highest bid upon the close of the auction). Items you list on FairyGodCloset.com may not be concurrently listed on other auction or marketplace sites. When listing an item you will need to determine your terms of sale including, but not limited to, method of payment you will accept, determining appropriate state sales tax, and shipping and handling fees. You may also consider establishing a reserve, or minimum, price for your item, which must be met or exceeded in order for a winning bid to be binding. Establishment of a reserve price may only take place while you are creating your listing; you may not revise an active listing to add a reserve price. Think carefully before listing your items because once your item receives a winning bid you are obligated to complete the sale unless the transaction is prohibited by law or this agreement. Failure to honor your sale could result in termination of your registration with FairyGodCloset.com We cannot guarantee exact listing durations as your listing may not be immediately searchable by keyword or category for several hours. Your listing and where it shows up on Fairy GodCloset will depend on a number of factors including fees, words used by you to describe the item, time, ratings, etc. Please note that we may, in our sole judgment and without your consent or an obligation of any payment or consideration to you, place promotions and third party marketing materials on any FGC web pages including the web page where your listing appears. Sellers may not participate in any sale that circumvents or manipulates our fee structures, the billing process, or fees owed to FairyGodCloset.com. Specifically, you may not arrange with a buyer to purchase an item if you de-list it here for them to purchase later, thereby circumventing our fees. Such action may result in immediate termination of your account. Manipulating a bid in any way and for any reason is strictly prohibited. General Payment Terms: An overview of fees can be found at http://www.fairygodcloset.com/fees.asp All sellers are required to place a valid credit card on file. (Please note that you will be entering this information on a secure website, as indicated by the "s" in "https" in the URL.). All balances are aggregated and all fees owed are due on the first of each month. Any account holding a balance on the 1st of the month is automatically charged their balance on the credit card on file, unless prior to the 1st of the month you log in to your account and initiate payment using a different card or PayPal. You may also initiate payment prior to the 1st of the month by logging into your account. Whenever you incur any fees (e.g. for listing, listing enhancement, final sale or closet monthly fee) that are owed to Fairy GodCloset, you will receive a statement listing the fees owed. We may also periodically send you statements with any unpaid fees. Failure to keep a valid credit card on file and/or to pay for fees could result in termination of your account or selling privileges in addition to any other remedies we may have at law. How Final Sale Fees Work: When your auction item closes with a winning bid or a buyer of your fixed price item clicks “purchase” your item is considered sold and fees are immediately added to your monthly balance. If your item does not sell you pay no final sale fee. How Monthly Closet Fees are Charged: If you have a lot of items to sell you may opt to create a Closet. While there is no fee to set up or create your Closet, there is a monthly Closet Fee, which is due on the first day of each month and is charged to the credit card you placed on file. With your Closet you can include a logo or image and banner ad. You may cancel or close your Closet at anytime as long as there are no active listings in it during the time of closing. There will be a Monthly Closet Fee associated for the month that you choose to close or cancel your Closet. Please note that our listing fees, listing enhancement, and final sale fees will apply to each item sold through a Closet. Components of an Item listing Permitted Items All item listing components, including item condition, must be accurate and may not be misleading in any way. You must list the condition of each item listed and describe any visible flaws. Sellers may not misrepresent the location from which their item is to be shipped. Failure to provide accurate details of an item or its condition, and any attempts to mislead a buyer with conflicting item descriptions or listing components could result in removal of your listing at your cost as well as up to an including termination of your registration with FairyGodCloset.com. Prohibited Items About Knock-Offs From The Ex-Boyfriend Collection ADDITIONAL BUYER RELATED TERMS Purchasing a Fixed Price Sale Item Buyers may not participate in any sale that circumvents or manipulates our fee structures, the billing process, or fees owed to FairyGodCloset.com. Specifically, if you see an item on our site that you like, you may not arrange with a seller to purchase an item if they de-list here for you to purchase later, thereby circumventing our fees. Such action may result in immediate termination of your account. When you buy an item, we will need to release your contact information, including name, address, email, and telephone number, to the seller who listed the item. Your purchase of the item by clicking the “buy” button indicates your authorization for us to do so. Bidding on Items and Buying Through an Auction A bid is only retractable in rare cases in which changes occur to the listing during auction that materially change the description of the item, a clear typographical error exists in the listing or bid or you cannot authenticate the seller’s identity. Some auctions have a reserve price in which case the seller is not required to sell the item unless that reserve price is met. In such cases your highest bid may not meet the reserve price and neither the buyer or seller are required to proceed with the sale. Manipulating a bid in any way and for any reason is strictly prohibited. TERMS AND SUGGESTIONS FOR BOTH BUYERS AND SELLERS For transactions whose value exceeds $100, we urge you to consider establishing an account with an escrow service vendor that can provide measures in ensuring that both parties are satisfied before goods and funds are released. Contact Information |