Terms Of Use
Last updated July 10, 2011
TERMS OF USE
Welcome to Hybrid Her Bazaar (the “Website” or “Service”). The Website provides services to you (the buyer, seller or user) subject to the following Terms of Use (“Terms of Use”). These Terms of Use will be updated from time to time without notice. You can review the most current version of the Terms of Use at any time at: http://www.hybridherbazaar.com/terms-of-use. By accessing and using the Website, you accept and agree to be bound by these Terms of Use and to use the Service in compliance with these Terms of Use. PLEASE READ THESE TERMS CAREFULLY.
ELIGIBILITY
You represent and warrant that you are 18 years of age or older or using the Website under the supervision of a parent or guardian. Also you must reside in the United States of America to be eligible. You represent and warrant that the information you submit to us is true and accurate and that your use of the Service will not violate any applicable law or regulation.
PRIVACY
We collect registration and other information about you through your use of the Website. Our collection and use of this information is governed by our Privacy Policy, available at hybridher.com/privacy.
VENUE
Hybrid Her Bazaar is a venue that allows users who comply with Hybrid Her Bazaar's policies to sell, offer and buy goods. Hybrid Her Bazaar is not directly involved in the transaction between buyers and sellers. Hybrid Her Bazaar has no control over the quality, safety 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. Hybrid Her Bazaar does not review users or the content or information provided by users. Hybrid Her cannot ensure that a buyer or seller will actually complete a transaction. Therefore, Hybrid Her Bazaar does not transfer legal ownership of items from the seller to the buyer.
Hybrid Her Bazaar cannot guarantee the true identity, age, and nationality of a user. Hybrid Her Bazaar 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 Hybrid Her Bazaar 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 Hybrid Her Bazaar. You use Hybrid Her Bazaar Service and Website at your own risk.
COMPLIANCE
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 Hybrid Her Bazaar’s policies as stated in the Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Hybrid Her Bazaar, each of which is incorporated herein by reference and each of which may be updated by Hybrid Her Bazaar from time to time without notice to you.
LICENSE AND SITE ACCESS
Hybrid Her Bazaar grants you a limited, revocable, nontransferable, nonexclusive license to access and use this Website. You may not modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Website or any portion of the Website without the express written consent of Hybrid Her Bazaar. Subject in all respects to the immediately preceding sentence and to these Terms of Use generally, you may copy and publish images, illustrations, graphics, audio clips, video clips and text related to specific products sold on this Website. Except as may be authorized by Hybrid Her Bazaar, this license does not include any resale or commercial use of this Website or its contents, any collection and use of any product listings, descriptions, or prices, or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly provided herein, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, video, or form) of Hybrid Her Bazaar without its express written consent. You may not use any meta tags or any other "hidden text" utilizing Hybrid Her Bazaar's name or trademarks without the express written consent of Hybrid Her Bazaar. You may not use the Website in such a manner that threatens the integrity, security, performance, or availability of the Website. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website. Any unauthorized use, as determined solely by Hybrid Her Bazaar, terminates this license.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Hybrid Her Bazaar at Bazaar@hybridher.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security. Hybrid Her Bazaar reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion and without notice.
FEES AND SERVICES
Hybrid Her Bazaar Fee Policy: Here is how fee’s work on the Bazaar: 3.5% sales fee - that’s it. When you make a sale on Hybrid Her Bazaar, you will be charged 3.5% of the total sale price. This percentage does not include the shipping price.
It is free to set up a shop and list your products on Hybrid Her Bazaar. Hybrid Her Bazaar charges a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. Hybrid Her Bazaar Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Hybrid Her Bazaar’s services are effective after Hybrid Her Bazaar provides you with at least twenty (20) days' notice by posting the changes on the Site. However, Hybrid Her Bazaar may choose to temporarily change the Fees Policy and the fees for its services for marketing or promotional events; such changes are effective when Hybrid Her Bazaar posts the temporary promotional event on the Site. Hybrid Her Bazaar may, at Hybrid He Bazaar’s sole discretion, change some or all of Hybrid Her Bazaar services at any time. In the event Hybrid Her Bazaar introduces a new service, the fees for that service are effective at the launch of the service. All fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with using Hybrid Her Bazaar. Hybrid Her Bazaar keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
Fees and Termination: If Hybrid Her Bazaar terminates a listing or your account, if you close your account, or if the payment of your Hybrid Her Bazaar fees cannot be completed for any reason, you remain obligated to pay Hybrid Her Bazaar for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Hybrid Her Bazaar.
LISTING AND SELLING
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Hybrid Her Bazaar’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 Hybrid Her Bazaar 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 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.
Shop Policies: All sellers are urged to outline shop policies for their Hybrid Her Bazaar 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 Hybrid Her Bazaar policies. Sellers are responsible for enforcing their own reasonable shop policies. Hybrid Her Bazaar reserves the right to request that a seller modify a shop policy.
Binding Sale: 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.
Fee Avoidance: 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 Hybrid Her Bazaar transaction fees, misrepresent the item's location, or use another user's account without permission.
SITE CONTENT
Other users of the Website may post certain information or provide opinions or advice as part of the Website. Information provided by users of the Website is solely the opinion of such users and does not express the opinions of Hybrid Her Bazaar. When reviewing such information, you should not assume that the user is unbiased, independent, or qualified to provide the information or advice. Hybrid Her Bazaar does not necessarily exercise editorial control over content created or posted by others. Where information contained on the Website comes from third parties, even where it may have been obtained by Hybrid Her Bazaar, Hybrid Her Bazaar makes no representations about the suitability of such content for any purpose. When reviewing any information on the Website including user-generated or provided by a third-party, it is important to understand that such information is not a guarantee by Hybrid Her Bazaar, and that your actual experience may be different. Neither Hybrid Her Bazaar nor any of its data or content providers guarantee the accuracy, completeness, or timeliness of information on the Website, and shall not be liable for any errors or delays in the content or for any actions taken in reliance thereon.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and Hybrid Her Bazaar, please contact Hybrid Her directly.
Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in Davidson County, Tennessee, using the English language.
Should you have a dispute with one or more users, or an outside party, you release Hybrid Her Bazaar (and Hybrid Her Bazaar'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 such disputes. Hybrid Her Bazaar’s encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
INTERNATIONAL ACCESS
This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, video, audio clips, data compilation, and software, is the property of Hybrid Her Bazaar, its merchants, or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Hybrid Her Bazaar and protected by U.S. and international copyright laws. All software used on this site is the property of Hybrid Her Bazaar or its software suppliers and protected by United States and international copyright laws.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HYBRID HER BAZAAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. HYBRID HER BAZAAR DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR E-MAIL SENT FROM HYBRID HER BAZAAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYBRID HER BAZAAR OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
HYBRID HER BAZAAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Hybrid Her Bazaar, and its directors, employees, agents, independent contractors, service providers and consultants (collectively, the “HH Parties”) from and against any third party claims, damages, loss, liability, costs and expenses, including reasonable attorney’s fees, arising out of your use of the Website and any discussion forums or interactive areas contained herein, including any actual or threatened suit, demand, or claim made against any of the HH Parties arising out of or relating to your use of the Website, your Submissions, your violation of these Terms of Use, or your violation of the rights of any third party. You also agree to indemnify the HH Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
NOTICES
Agreements, notices, disclosures and other communications to which these Terms of Use refer will be posted from time to time on this Website.
REMEDIES
You agree that Hybrid Her Bazaar’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that Hybrid Her Bazaar shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Hybrid Her Bazaar may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees. No right or remedy of Hybrid Her Bazaar shall be exclusive of any other, whether at law or in equity, including damages injunctive relief, attorneys’ fees and expenses. No instance of waiver by Hybrid Her Bazaar of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
These Terms of Use are governed by the laws of the Commonwealth of Tennessee, without regard to principles of conflict of laws.
DISPUTES
Any dispute shall be adjudicated in a state or federal court in Davidson County, Tennessee, and you consent to exclusive jurisdiction and venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arises.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our Website, policies, and these Terms of Use at any time. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
CONTACTING HYBRID HER BAZAAR
If you have any questions or concerns about the Website or these Terms of Use, you can reach us through the following mailing address, telephone number or email:
877-670-1806
169 Commack Road, Suite H, Commack, NY 11725