Terms of Service
We are on a mission to make the web a better place. We hope you love our service — from flea marktplace to the next great idea we are working on or we haven’t even thought of yet — as much as we love creating them.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our service. Please read them carefully and reach out to us if you have any questions.
These Terms and other policies here are based on kindly provided ones by Automattic Inc. under a Creative Commons Sharealike license. You also can grab a copy of these (or original Terms and other legal documents on thier Github). You’re welcome to copy them, adapt them, and repurpose them for your own use. Just make sure to revise (with your legal advisor) the language so that your Terms reflect your actual practices. Also, if you do use these Terms, we’d appreciate a credit and link to our site somewhere on your site.
Terms of Service
These Terms govern your access to and use of FleaFlea.me, as well as all content and products and services (for example, ecommerce services as outlined below in Section 7e) available at our website (collectively, “Service”).
Please read the Agreement carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Service.
1. Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Service. If you are an individual using our Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service, you are accepting the Agreement on behalf of that entity.
We people behind Service collectively as "FleaFlea", "we" or "us" throughout these Terms.
2. Your Account
Where use of our Service requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Service. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. Minimum Age Requirements
Our Service are not directed to children. Access to and use of our Service is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Service. Any person who registers as a user or provides their personal information to our Service represents that they are 13 years of age or older (or 16 years or older in the European Union).
4. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Service by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment, or otherwise make (or allow any third party to make) Content available on our Service, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through our Service is the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from FleaFlea.me. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from our Service does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from not our websites.
5. Fees, Payments, and Refunds
a. FleaFlea Fees
Our Service is free.
Fee Changes. We may change our fees at any time, or start charging fees for Service that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
b. Fees Collected by Sellers
Fees Paid to Sellers. Sellers may choose to sell items or give away for free. Please note that we are not involved in your transactions with sellers, or sellers' operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any goods or services purchased). If you have any questions or complaints, please contact the seller.
We have no connection with sellers, do not offer or recomend any payment method or service and are not responsible for any fees collected by sellers and any mutual settlements between you and any seller.
Refunds. We do not issue refunds for fees collected by a seller because those transactions are between sellers and their users. If you would like to request a refund for any fees paid to a seller, please contact the seller.
6. General Representation and Warranty
You represent and warrant that your use of our Service:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
- Will not use the Service for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden our systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to publish or send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
Specific Service Terms
a. FleaFlea.me Website and Accounts
FleaFlea.me enables you to create posts selling several things by one picture, and we would love for you to use it. A FleaFlea.me account also allows you to sign into our Service.
FleaFlea.me’s basic service is free. Our service is designed to give you as much control and ownership over what goes on your posts as possible. You own all content you post. However, be responsible in what you publish. In particular, make sure that none of the prohibited items appear in your posts.
License. By submitting Content to FleaFlea for inclusion in your post, you grant FleaFlea a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your post. This license also allows FleaFlea to make any publicly-posted Content available to third parties selected by FleaFlea so that these third parties can analyze and distribute (but not publicly display) the Content through their services.
Removing Content. If you delete Content, we will use reasonable efforts to remove it from public view on FleaFlea.me, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Prohibited Uses. By using FleaFlea.me, you represent and warrant that your Content and conduct do not violate the Rules.
Prohibited Uses. You may not use FleaFlea for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to our Service without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms and our Rules.
Tax Calculations. You are responsible for payment of all applicable Taxes relating to your ecommerce activities and your use of our Service. You must collect, report, and/or pay the correct amounts to the appropriate authorities if applicable, and if needed, inform your customers about any Taxes they may be required to pay and issue appropriate invoices. We recommend that you consult with a tax professional for your specific tax situation when assessing the correct tax rates you should charge.
Shipping Services. We do not deal with shipping. It is responsibility of a seller if required. You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others. In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments.
Your Responsibilities. You are solely responsible for all of your ecommerce activities, including managing your store, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
- You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale, payment, or website subscription.
8. Copyright Infringement
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an FleaFlea.me service violates your copyright, please notify us in accordance with FleaFlea’s Copyright Notice Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links in our control to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FleaFlea or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
9. Intellectual Property
The Agreement does not transfer from FleaFlea to you any FleaFlea or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with FleaFlea. Other trademarks, service marks, graphics, and logos used in connection with our Service may be the trademarks of other third parties. Your use of our Service grants you no right or license to reproduce or otherwise use any FleaFlea or third party trademarks.
We are constantly updating our Service and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of FleaFlea, or by the posting by FleaFlea of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
We may terminate your access to entire or any part of our Service at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any FleaFlea policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of our Service to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your FleaFlea.me account, you may simply discontinue using our Service.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Disclaimer of Warranties
Our Services are provided “as is”. FleaFlea and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FleaFlea, nor its suppliers and licensors, makes any warranty that our Service will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Service at your own discretion and risk.
13. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Service will be governed by the laws exclusively of the state where the defendant is located, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Service will be the state and federal courts located exclusively in the state where the defendant is located.
14. Limitation of Liability
In no event will FleaFlea, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FleaFlea under the Agreement during the twelve (12) month period prior to the cause of action. FleaFlea shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless FleaFlea, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Service, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user’s account.
16. US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between FleaFlea and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FleaFlea may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Change log and effective dates
- June 28, 2019: Initial Terms Release