TERMS OF SERVICE
Welcome to Fiber Artist Market! Fiber Artist Market provides an online third party classified ad site for the buying and selling of items related to the fiber arts. This includes livestock, fleeces, products, and services related to this pursuit
Acceptance of Terms
These Terms of Service (“Terms”) are a legally binding contract between you (“you”or “user”) and Fiber Artist Market, LLC., (“us”or “we”). We operate fiberartistmarket.com and its mobile app (collectively referred to as “Site”) in order to provide users online classified ads, advertising space, and marketplace for fiber, fiber products, and fiber related goods (collectively referred to as “Service” or “Services”).
By creating a user account, using the Site, or using any of our Services, you agree that you have read, understood, and accepted these Terms. We may modify these Terms at any time without notice, and any modifications will become effective once they are posted. It is your responsibility to review this agreement on a regular basis in case there are any modifications because your continued use of our Services constitutes your acceptance of the updated Terms. Lastly, these Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and Fiber Artist Market.
You will need to create a user account in order to use our Services. Here are the rules governing conduct in our Fiber Artist Market community:
Eligibility. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
Accurate information. You must provide accurate information in your user account registration and throughout the usage of your user account. Do not impersonate anyone or use false information to establish a user account.
User name criteria. Do not select a user name that is vulgar, offensive or infringes on the intellectual property rights of another.
Protect access your account. You are solely responsible for any activity on your account, so protect your password and protect the access to your account from unauthorized persons. User accounts are not transferrable.
The content you post on the Site in listings, advertisements, or by other means is user content. We do not make any claims or representations with respect to user content.
Responsibility for your content. As a user, you are solely responsible for any content you post onto the Site including but not limited to your username, company name, storefront names, profile picture, listing photos, listing descriptions, videos, advertising materials, and comments. You represent that you have all of the necessary rights to the content you post and that you are violating or infringing upon the rights of any third party.
Rights you grant us. By posting your user content to the Site, you agree to grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, adapt, and publish, the content, for the full term of any rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all rights in content you submit, the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content. We are not obligated to review content posted by users prior to the content’s posting to any area of the Site, including any private profile. Content posted by any user to the Site does not reflect the opinions or views of Fiber Artist Market, LLC., or its affiliates. We make no warranty, whether express or implied, as to the accuracy of any content or material that you send to other fiberartistmarket.com members through any of our Services.
Community Conduct. You agree to not post any material that is abusive, threatening, defamatory, obscene or vulgar. In addition, you agree to not post any content that is false or misleading or is otherwise fraudulent or deceptive.
Fiber Artist Market, reserves the right to refuse service to anyone, for any reason.
Listing Services. Users may purchase listings on the Site. The fees and terms to each purchase of listing services will be set out in its own separate contract. Payments will be processed through third party service providers with their own terms of service. All listings may be reviewed by us for compliance with these Terms, especially in regard to the standards set forth above in User Content. A listing may be removed by us at our sole discretion.
Appropriate Items. Sellers may list fiber products and services, including but not limited to, livestock, raw fleeces, prepared fleeces, plant-derived fibers, man-made fibers, products for the preparation and use of any fiber, services for livestock, services for the preparation of fibers or fiber-related products, dyes, and fiber derived products.
Prohibited Items. Items that cannot be listed on the Site include, but are not limited to: products that are illegal, firearms, pornography, weapons, and explosives.
Agreements Between Users. The Site facilitates a marketplace so that users may act as buyers and sellers of fiber-related items or services. Fiber Artist Market is not a party to any agreements or transactions between users and has no interest, responsibility, liability or participation in any agreements or transactions between users. All transactions, payments, purchases, and collection of taxes between buyers and sellers on the Site must be handled by the parties to those agreements. Disputes arising from those agreements must be handled by the users themselves. Fiber Artist Market has no duty to moderate transactions between users. Fiber Artist Market has no duty to investigate or adjudicate disputes between users.
Users may purchase advertisements on the site for a fee. The fees and terms to each advertising purchase will be set out in its own separate contract. Payments will be processed through third party service providers who may have their own terms of service. There are no refunds for paid advertising.
Users will not engage in commercial solicitation outside of paid advertisements.
Appropriate Items and Services. Advertisers may advertise fiber products and services, including but not limited to, livestock, raw fleeces, prepared fleeces, plant-derived fibers, man-made fibers, products for the preparation and use of any fiber, services for livestock, services for the preparation of fibers or fiber-related products, dyes, and fiber derived products.
Users are solely responsible for the content of their advertisements. Users must not post or submit advertisements that are abusive, threatening, defamatory, obscene, vulgar, false, misleading, fraudulent or deceptive.
Termination by the User. You may terminate your user at any time by emailing us at (email address for Admin). The termination of your account will not affect the availability of some content that you posted through the Services prior to termination. You will still be responsible for any outstanding bills.
Termination by Fiber Artist Market. We reserve the right to terminate or suspend your account and your access to the Site and Services at any time, for any reason, and without advance notice.
Effect of Termination. If your user account is terminated you no longer have a right to continue to use the Site or our Services. If your user account is terminated, you may lose any information or content associated with your account.
We May Discontinue the Services. We reserve the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Purchases Made on the Site. You understand that Fiber Artist Market does not manufacture, store or inspect any of the items or livestock sold through our Services. We provide the venue. Listed items are produced and sold directly by independent sellers, so Fiber Artist Market cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. It is the responsibility of users to assess or certify the health and safety of the items or livestock sold. You release Fiber Artist Market from any claims related to items or livestock sold through our Services, including for defective items, injured or unhealthy livestock, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Reliance on Statements in Advertisements. Fiber Artist Market does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or Services, or featured in any banner or other advertising. Fiber Artist Market will not be a party to or in any way monitor any transaction between you and any third party providers of products.
Interactions on the Site. Fiber Artist Market, is not responsible for any illegal, offensive, or defamatory conduct of any third party, advertiser and user. You release us from all liability relating to your interactions with third parties and other users.
Posted Content. We make no representations concerning any content posted by users through the Services. Fiber Artist Market is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
Errors and Omissions. We are not responsible for any errors and omissions for information presented on the Site or in the process of performing our Services. Our Services are provided “as is” and without any express or implied warrant. We expressly disclaim any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
No Guarantees. We do not guarantee any particular result with respect to the effectiveness of any advertisement, listing, or other any other offering we may provide through our Services.
Limitation of liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE.
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FIBER ARTIST MARKET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FIBER ARTIST MARKET HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FIBER ARTIST MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
In the event that Fiber Artist Market determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Fiber Artist Market, Fiber Artist Market reserves the right to (i) delete any or all content provided by you or your agent(s) to Fiber Artist Market; (ii) discontinue your registration(s) with Fiber Artist Market and/or any other Fiber Artist Market community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Fiber Artist Market; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Fiber Artist Market deems to be appropriate.
If your registration(s) with or ability to access Fiber Artist Market, any other Fiber Artist Market community and/or any other service, product, content, course, event, tool or digital product provided to you by Fiber Artist Market is discontinued by Fiber Artist Market due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of Fiber Artist Market, then you agree that you shall not attempt to re-register with or access Fiber Artist Market, any other Fiber Artist Market community and/or any other digital product, course content or service provided by Fiber Artist Market, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Fiber Artist Market reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
You agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Governing Law. Any dispute arising out of this agreement shall be decided by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof.
Arbitration. You and Fiber Artist Market, LLC., agree that any dispute or claim arising from or relating to the Terms shall be resolved by a binding arbitration. Both parties acknowledge and understand that they waive the right to submit any dispute for a determination by a court and thereby also waive the right to trial by jury. You also waive the right to participate in a class action. Judgment on the arbitration award may be entered in any court that has jurisdiction. In addition to any award or judgment, the arbitrator may require the losing party pay a reasonable portion of the prevailing parties attorney’s fees and expenses stemming from dispute resolution.
Forum. Any legal action against Fiber Artist Market, LLC related to our Services must be filed and take place in San Bernardino County, California. Any arbitration must take place in San Bernardino County, California.
Notices. All notices to Fiber Artist Market shall be in writing and shall be sent to FAMCustserv@aol.com. You agree to allow us to submit notices to you using the email address provided by you in your user account registration. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.
Release of Fiber Artist Market. You release Fiber Artist Market from any claims, demands and damages arising out of disputes with other users or parties.
International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.
If you have any questions about the Terms, please email us at: FAMCustserv@aol.com.
TERMS OF SERVICE