PLEASE READ THESE TERMS AND CONDITIONS ("AGREEMENT" OR "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE WEBSITE J-FAIR.COM AND SERVICES OFFERED BY KAKEHASHI LLC ("J-FAIR"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://J-FAIR.COM (THE "SITE") AND ALL SERVICES PROVIDED BY J-FAIR ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
1. J-Fair is a Venue
J-Fair acts as a venue to allow users who comply with J-Fair's policies to offer, sell and buy certain goods within a fixed-price format. J-Fair is not directly involved in the transaction between buyers and sellers. As a result, J-Fair has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. J-Fair does not pre-screen users (except for services that require an application) or the content or information provided by users. J-Fair cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, J-Fair does not transfer legal ownership of items from the seller to the buyer.
J-Fair cannot guarantee the true identity, age, and nationality of a user. J-Fair encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that J-Fair is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on J-Fair. You use the J-Fair service at your own risk.
2. Membership Eligibility
: J-Fair's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. J-Fair may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use J-Fair's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by J-Fair's policies as stated in the Agreement and the J-Fair policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by J-Fair, each of which is incorporated herein by reference and each of which may be updated by J-Fair from time to time without notice to you:
: In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by J-Fair from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify J-Fair of any unauthorized use of your password or any breach of security. You also agree that J-Fair cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than J-Fair without J-Fair's express written permission.
: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on J-Fair you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
: You may not transfer or sell your J-Fair account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service
: J-Fair's services are not available to temporarily or indefinitely suspended J-Fair members. J-Fair reserves the right, in J-Fair's sole discretion, to cancel unconfirmed or inactive accounts. J-Fair reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
Joining and setting up a shop on J-Fair is free. J-Fair takes a percentage of the sale price from the seller when the item sells. J-Fair's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for J-Fair's services are effective after J-Fair provides you with at least fourteen (14) days' notice by posting the changes on the Site. J-Fair may, at J-Fair's sole discretion, change some or all of J-Fair's services at any time. In the event J-Fair introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
4. Listing and Selling
: All listings on J-Fair must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with J-Fair's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your J-Fair shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
: All sellers are urged to outline shop policies for their J-Fair shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with J-Fair's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. J-Fair reserves the right to request that a seller modify a shop policy.
: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding J-Fair transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to J-Fair and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on J-Fair.
Restricted Activities: Your Content and your use of J-Fair shall not:
1. Be false, inaccurate or misleading
2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
5. Contain items that are hazardous to consumers and therefore subject to a recall
6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including J-Fair staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
7. Interfere with a seller's business or shop
8. Take any action that may undermine online reviews or feedback
9. Be obscene or contain child pornography
10. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
11. Host images not part of a listing
12. Modify, adapt or hack J-Fair or modify another website so as to falsely imply that it is associated with J-Fair;
or other policy documents as posted on J-Fair.
Furthermore, you may not list any item on J-Fair (or consummate any transaction that was initiated using J-Fair's service) that, by paying to J-Fair the final value fee, could cause J-Fair to violate any applicable law, statute, ordinance or regulation, or that violates the Terms & Conditions.
: By posting Content on J-Fair, it is possible for an outside website or a third party to re-post that Content. You agree to hold J-Fair harmless for any dispute concerning this use. If you choose to display your own J-Fair-hosted image on another website, the image must provide a link back to its listing page on J-Fair.
: J-Fair considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and J-Fair shall not be liable for the disclosure or use of such Material. If, at J-Fair's request, any member sends Material to improve the site (for example through the Forums or to customer support), J-Fair will also consider that Material to be non-confidential and non-proprietary and J-Fair will not be liable for use or disclosure of the Material. Any communication by you to J-Fair is subject to this Agreement. You hereby grant and agree to grant J-Fair, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
J-Fair does not control the Content provided by users that is made available on J-Fair. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using J-Fair, you agree to accept such risks and that J-Fair (and J-Fair 's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on J-Fair. Please use caution, common sense, and practice safe buying and selling when using J-Fair.
: J-Fair is not responsible for the availability of outside websites or resources linked to or referenced on the Site. J-Fair does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that J-Fair shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with J-Fair 's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. J-Fair is not involved with user generated groups, the groups' requirements, or the Meetings.
J-Fair does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that J-Fair does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
9. Resolution of Disputes and Release
Disputes with J-Fair
: In the event a dispute arises between you and J-Fair, please contact J-Fair
. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration.
Disputes with Users or Third Parties
: In the event a dispute arises between you and another user or a third party, J-Fair encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on J-Fair, they may choose to participate in J-Fair's case system in order to resolve the dispute. Cases are escalated for review and resolution by J-Fair. J-Fair provides its dispute resolution process for the benefit of users. J-Fair does so in J-Fair's sole discretion, and J-Fair has no obligation to resolve disputes between users or between users and outside parties. To the extent that J-Fair attempts to resolve a dispute, J-Fair will do so in good faith based solely on J-Fair's policies. J-Fair will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release J-Fair (and J-Fair 's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
10. J-Fair 's Intellectual Property
J-Fair, and other J-Fair graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Kakehashi LLC in the U.S. and/or other countries. J-Fair 's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
11. Access and Interference
J-Fair may contain robot exclusion headers which contain internal rules for software usage. Much of the information on J-Fair is updated on a real-time basis and is proprietary or is licensed to J-Fair by J-Fair's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access J-Fair for any purpose whatsoever without J-Fair 's prior express written permission. Additionally, you agree that you will not:
1. Take any action that imposes, or may impose, in J-Fair's sole discretion, an unreasonable or disproportionately large load on J-Fair's infrastructure
2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content)
3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
4. Bypass J-Fair's robot exclusion headers or other measures J-Fair may use to prevent or restrict access to J-Fair
Without limiting any other remedies, J-Fair may, without notice, and without refunding any fees, delay or immediately remove Content, warn J-Fair's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
or other policy documents and community guidelines incorporated herein; J-Fair is unable to verify or authenticate any of your personal information or Content; or J-Fair believes that a user is acting inconsistently with the letter or spirit of J-Fair's policies, has engaged in improper or fraudulent activity in connection with J-Fair or the actions may cause legal liability or financial loss to J-Fair's users or to J-Fair.
J-Fair reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on J-Fair.
) to third parties without your explicit consent. J-Fair stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
14. No Warranty
J-FAIR, J-FAIR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND J-FAIR'S SUPPLIERS PROVIDE J-FAIR'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. J-FAIR, J-FAIR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND J-FAIR'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM J-FAIR SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL J-FAIR, AND (AS APPLICABLE) J-FAIR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR J-FAIR'S 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 YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, J-FAIR'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
J-FAIR'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF J-FAIR'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO J-FAIR IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ETSY AND (AS APPLICABLE) J-FAIR'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
J-Fair does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside J-Fair's control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any J-Fair service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on J-Fair's net income).
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.
20. No Agency
You and J-Fair are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. J-Fair Service
J-Fair reserves the right to modify or terminate the J-Fair service for any reason, without notice, at any time. J-Fair reserves the right to alter these Terms & Conditions or other Site policies at any time, so please review the policies frequently. If J-Fair makes a material change J-Fair will notify you here, by email, by means of a notice on our home page, or other places J-Fair deems appropriate. What constitutes a "material change" will be determined at J-Fair's sole discretion, in good faith, and using common sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.