By using the Services 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. This Agreement applies to all users of the Services, 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. Fabbly.com is a Venue
Fabbly.com acts as a venue to allow users who comply with Fabbly.com's policies to offer, sell and buy certain goods within a fixed-price format. Fabbly.com is not directly involved in the transaction between buyers and sellers. As a result, Fabbly.com 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. Fabbly.com does not pre-screen users (except for services that require an application) or the content or information provided by users. Fabbly.com cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Fabbly.com does not transfer legal ownership of items from the seller to the buyer.
Fabbly.com cannot guarantee the true identity, age, and nationality of a user. Fabbly.com 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 Fabbly.com 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, 3d print files, stl files and links posted by you, other users, or outside parties on Fabbly.com. You use the Fabbly.com service at your own risk.
2. Membership Eligibility
Age: Fabbly.com'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. Fabbly.com may, in its sole discretion, refuse to offer access to or use of the Services 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 Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Fabbly.com'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.
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 Fabbly.com's policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Fabbly.com, each of which is incorporated herein by reference and each of which may be updated by Fabbly.com from time to time without notice to you.
Password: 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 Fabbly.com of any unauthorized use of your password or any breach of security. You also agree that Fabbly.com 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 Fabbly.com without Fabbly.com's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Fabbly.com you must provide and maintain valid payment information such as valid PayPal account.
Account Transfer: You may not transfer or sell your Fabbly.com 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: Fabbly.com's services are not available to temporarily or indefinitely suspended Fabbly.com members. Fabbly.com reserves the right, in Fabbly.com's sole discretion, to cancel unconfirmed or inactive accounts. Fabbly.com 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 Fabbly.com is free. Fabbly.com charges a 5% percentage of the sale price when the item sells. Changes to the fees for Fabbly.com's services are effective after Fabbly.com provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Fabbly.com may choose to temporarily change the Fees Policy and the fees for Fabbly.com's services for promotional events (for example, free transaction days); such changes are effective when Fabbly.com posts the temporary promotional event on the Site. Fabbly.com may, at Fabbly.com's sole discretion, change some or all of Fabbly.com's services at any time. In the event Fabbly.com 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).
You are responsible for paying all fees and applicable taxes associated with using Fabbly.com. Transaction fees will be deducted automatically from your shop wallet when a sale is made. The shop wallet must be preloaded with a minimum of 5 USD. Fabbly.com provides plans for both automatic and manual funding of this shop wallet. If your shop wallet drops below the threshold of 5 USD your shop will be disabled within 7 days. The balance of your shop wallet is not refundable.
Fees and Termination: If Fabbly.com terminates a listing or your account or if you close your account the balance of your shop wallet can not be refunded.
4. Listing and Selling
Listing Description: All listings on Fabbly.com must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with Fabbly.com's terms of services. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Fabbly.com 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.
Shop Policies: All sellers are urged to outline shop policies for their Fabbly.com shop. These policies may include, for example, copyright, 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 Fabbly.com's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Fabbly.com reserves the right to request that a seller modify a shop policy.
Binding Sale: 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.
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 Fabbly.com 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 Fabbly.com 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 Fabbly.com.
Restricted Activities: Your Content and your use of Fabbly.com shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade secret or other
proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, 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)
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Fabbly.com 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
Interfere with a seller’s business or shop
Take any action that may undermine online reviews or feedback
Be obscene or contain child pornography
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
Host images not part of a listing
Modify, adapt or hack Fabbly.com or modify another website so as to falsely imply that it is associated with Fabbly.com;
Appear to create liability for Fabbly.com or cause Fabbly.com to lose (in whole or in part) the services of Fabbly.com's ISPs or other suppliers
Re-Posting Content: By posting Content on Fabbly.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold Fabbly.com harmless for any dispute concerning this use. If you choose to display your own Fabbly.com-hosted image on another website, the image must provide a link back to its listing page on Fabbly.com.
Idea Submissions: Fabbly.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, 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 Fabbly.com shall not be liable for the disclosure or use of such Material. If, at Fabbly.com's request, any member sends Material to improve the site (for example through the Forums or to customer support), Fabbly.com will also consider that Material to be non-confidential and non-proprietary and Fabbly.com will not be liable for use or disclosure of the Material. Any communication by you to Fabbly.com is subject to this Agreement. You hereby grant and agree to grant Fabbly.com, 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
Fabbly.com does not control the Content provided by users that is made available on Fabbly.com. 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 Fabbly.com, you agree to accept such risks and that Fabbly.com (and Fabbly.com's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Fabbly.com. Please use caution, common sense, and practice safe buying and selling when using Fabbly.com.
Other Resources: Fabbly.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Fabbly.com 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 Fabbly.com 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.
8. Resolution of Disputes and Release
Disputes with Fabbly.com: In the event a dispute arises between you and Fabbly.com, please contact Fabbly.com. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Munich, Germany using the German language by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Germany Courts or state courts located in Southern Germany. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Fabbly.com agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Fabbly.com 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 Fabbly.com, they may choose to participate in Fabbly.com’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Fabbly.com. Fabbly.com provides its dispute resolution process for the benefit of users. Fabbly.com does so in Fabbly.com's sole discretion, and Fabbly.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that Fabbly.com attempts to resolve a dispute, Fabbly.com will do so in good faith based solely on Fabbly.com's policies. Fabbly.com 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 Fabbly.com (and Fabbly.com'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.
9. Fabbly.com's Intellectual Property
Fabbly.com, and other Fabbly.com graphics, logos, designs, page headers, button icons, scripts, and service names 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.
10. Access and Interference
Bypass Fabbly.com's robot exclusion headers or other measures Fabbly.com may use to prevent or restrict access to Fabbly.com
Without limiting any other remedies, Fabbly.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn Fabbly.com'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:
Fabbly.com 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 Fabbly.com.
13. No Warranty
Fabbly.com, Fabbly.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Fabbly.com'S SUPPLIERS PROVIDE Fabbly.com'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Fabbly.com, Fabbly.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Fabbly.com'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 Fabbly.com SHALL CREATE ANY WARRANTY. SOME COUNTRIES 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.
14. Liability Limit
IN NO EVENT SHALL Fabbly.com, AND (AS APPLICABLE) Fabbly.com'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Fabbly.com'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, Fabbly.com'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Fabbly.com'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Fabbly.com'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 Fabbly.com IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME COUNTRIES 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 Fabbly.com AND (AS APPLICABLE) Fabbly.com'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.
16. No Guarantee
Fabbly.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Fabbly.com's control.
17. 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 Fabbly.com 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 using the Services (excluding any taxes on Fabbly.com'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.
19. No Agency
You and Fabbly.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Fabbly.com Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of GERMANY, excluding its conflicts of laws rules.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Fabbly.com's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Fabbly.com; Attn: Legal Department; Klausener Platz 18, 81547 Munich, Germany (in the case of Fabbly.com) or, in your case, to the email address you provide to Fabbly.com (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Fabbly.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Fabbly.com. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Fabbly.com's Copyright and Intellectual Property Policy.
The services hereunder are offered by Fabbly.com Inc., located at Klausener Platz 18, 81547 Munich, Germany. If you are a German resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: January 01, 2014
Updated: November 21, 2014
Fabbly.com may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Fabbly.com removes or disables access in response to such a notice, Fabbly.com will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.
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