The Site is an e-commerce website marketplace which has the following description: “A platform to celebrate all small business artisans without any discrimination on religious beliefs or spiritual values. To create a safe environment for any whom may have been once discriminated on any other social media. To show support for all whom are not considered to be mainstream of our society. To create a community based marketplace worldwide focused on helping others, and to grow together as a team.”
A. The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with FaeHolm LLC, also known as FaeHolm, in association with the use of the FaeHolm website, which includes FaeHolm.com, (the “website”) and its Services, which shall be defined below.
B. The parties referred to in this agreement shall be defined as follows;
I. FaeHolm LLC, FaeHolm, Us, We: FaeHolm will use these terms to refer to FaeHolm LLC
II. Users will refer to those who use our site without make any personal account on our website.
III. Members will refer to those who have registered an account with us, which includes both customer and artisans.
IV. Customer, and buyer will refer to those who are a member or a user that have bought a product or service form our website.
V. Artisan, seller, vendor will refer to those who are members and have set up a shop to offer their products or services on our website.
A. FaeHolm LLC, which is also known as FaeHolm is an online marketplace that allows it’s users to offer, sell, and buy handcrafted goods and services from small businesses. These goods include but not limited to products, content services, wholesale, subscriptions, memberships, and auctions. We also allow our users to offer, buy, and sell supplies for crafting and metaphysical uses. Other services like courses, workshops, e-learning and more are also offered to shop owners to sell.
B. FaeHolm is a marketplace platform and we do not own or have any responsibility over the products that are offered, bought or sold on FaeHolm.
C. It is your responsibility to read our terms and conditions carefully before placing an order or creating an account, both customer and artisan. These terms and conditions will tell you who we are, how to contact us, what to do if you encounter a situation, the conditions of being a customer, the conditions of being an artisan and other important information.
These terms are legally binding, by continue use of out website, we assume you fully understand and agree to these terms.
D. FaeHolm reserves the right to make changes to these terms and conditions at any time, you may be contacted using the email you have provided us at the time of registering your artisan or customer account. Or a notice to all users will be announced on the website, social media accounts.
A. To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving FaeHolm’s Services under the laws and statutes of the United States or other applicable jurisdiction.
B. When you register, FaeHolm may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with FaeHolm and sign in to our Services, you are no longer anonymous to us. Furthermore, the registering party hereby acknowledges, understands and agrees to:
I. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
II. Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
C. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, FaeHolm LLC will have sufficient grounds and rights to suspend or terminate the artisan in violation of this aspect of the Agreement, and as such refuse any and all current or future use of FaeHolm LLC Services, or any portion thereof.
D. It is FaeHolm LLC’s priority to ensure the safety and privacy of all its visitors, users and members,
especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the FaeHolm website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for their child.
A. When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibly to notify FaeHolm LLC immediately if you notice any unauthorized access or use of your account, password, or any other breach of security. FaeHolm LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
B. As a user or member of this Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, email, messaged, transmitted or otherwise made available by way of FaeHolm services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, and errors or omissions in any content posted, and/ or any loss or damage of any kind incurred as the result of the use of any content posted, emailed, transmitted or otherwise made available by FaeHolm.
C. Furthermore, you herein agree not to make use of FaeHolm LLC’s Services for the purpose of;
I. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threating, abusive, harassing, tortuous, defamatory, overly vulgar, obscene, or invasive of another’s privacy or which is hateful, and/or racially, ethnically or otherwise objectionable;
II. causing harm to minors in any manner whatsoever;
III. impersonating any individual or entity, including, but not limited to, any FaeHolm officials, users, shop owners, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
IV. forging captions, heading, titles or otherwise offering any content that you personally have no right to pursuant to any law not having any contractual or fiduciary relationship with;
V. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party. We strongly recommend that you do not sell any products or content that may have any copyright logos, characters, or any other copyright subjects. Along with any trademarked taglines or company names. Should a copyright infringement arise on our site that member or shop owner that has posted the product or content will take full responsibly, which may include loss of shop account.
VI. uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with unauthorized advertising, promotional flyers, “junk mail”, “spam” or any other form of solicitation, except in such areas that you may have been designed for such purpose;
VII. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy, and/or limit the operation of any computer software, hardware, or telecommunication equipment of others;
VIII. disrupting that normal flow of communication, or otherwise acting in any manner that would negatively affect other user’s ability to participate in any real time interactions;
IX. interfering with or disrupting any FaeHolm LLC Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
X. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange. that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulation having the force of law;
XI. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
XII. “stalking” or with the intent to otherwise harass another individual; and/or
XIII. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
FaeHolm LLC herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such
content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
D. FaeHolm LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
I. compliance with any legal process;
II. enforcement of the TOS;
III. responding to any claim that therein contained content is in violation of the rights of any third party;
IV. responding to requests for customer service; or
V. protecting the rights, property or the personal safety of FaeHolm LLC, its visitors, users and members, including the general public.
E. FaeHolm LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by FaeHolm LLC or any other content providers supplying content services to FaeHolm LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited
Upon registration, you hereby acknowledge that by using FaeHolm.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
A. Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the sanctions control program of the United States.
Furthermore, you state and pledge that you:
are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
II. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
III. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
IV. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
These are the guidelines for the types of products and services that comply with our terms. These are subject to change, and it is your responsibility to check regulatory before you list a product or service that does not comply;
A. users to offer, sell, and buy handcrafted goods and services from small businesses. These goods include but not limited to products, content services, wholesale, subscriptions, memberships, and auctions. We also allow our users to offer, buy, and sell supplies for crafting and metaphysical uses. Other services like courses, workshops, e-learning and more are also offered to shop owners to sell.
A. Handcrafted Products
I. FaeHolm allows you to offer and sell your handcrafted goods, these goods must be made by you or a member of your team at about 75%. These products may by produced by a third party if you have created the overall design, or had over 75% interaction with creation of the product. They may be a physical, virtual, or downloadable type of product.
II. We allow drop shipping products, only when it complies to the rule stated above. Your product’s design must have been completely done by you.
B. Supplies for crafting and/or metaphysical needs
II. FaeHolm allows you to offer and sell supplies that can be needed for crafting handcrafted products.
III. FaeHolm allows you to offer and sell supplies at a wholesale price for metaphysical needs, for example crystals and herbs. These are not considered handcrafted, but they are connected to our theme and with having a place where anyone starting to learn can receive the products they may need.
A. Virtual Services
I. FaeHolm allows you to offer and sell your virtual services to your customers. These may include but not limited to; classes, readings, VIP videos, workshops, and etc.
II. FaeHolm does not require you to give the customer any physical form if the listing product is clearly labeled as a virtual service. Although you may include a print out PDF with any and all information the customer may need with their purchase.
B. All other types of services
I. Memberships, Subscriptions, Auctions, Bookings, and Gift Cards
These products maybe physical, virtual, or digital. However, must meet the expectations described in listing, and of the patron.
II. If you are not sure if your type of service complies to our policies, please reach out to us at contact@faeholm.com and we will speak with you.
You may list and sell courses that fit in the categories on the site. If you are not sure if your category will fit please reach out. Contact@faeholm.com
A. FaeHolm is available worldwide, for both customers and artisans. This does not guarantee that all products will be available to you. Our artisans have the right to select locations they are willing to ship to. FaeHolm has no control over the shipping locations, or how the individual products will be shipped.
B. FaeHolm is available to all artisans worldwide, so it is your responsibility to learn of artisan’s shipping policies since they are not required to ship worldwide.
C. FaeHolm has the right to temporarily or permanently suspend or terminate both customer and artisan accounts without warning should you break your contract. However we will try to reach out with a warning prior, this is not a right but a privilege. Termination or permanently suspension with terminate your contract with FaeHolm. Upon difficult situation you may have the chance to register again, only if you match our terms of re-registration. Which may include but not limited to, reading the terms and conditions and pass a test, having a period of probation, and being closely watched.
D. By offering your products for sale on our website, you give us permission to use your products for the website, for example; using your product images on our social pages or your content is our newsletter.
A. FaeHolm will not tolerate any kind of misuse, anyone found to be misusing our website will have their account terminated with or without notice.
I. Prohibited items- FaeHolm will not allow the sale of products that show any signs of hate, hate crimes, discriminatory, abuse, and all other items we deem unacceptable.
II. Misuse of content of our website- You agree not to steal any of the images used on FaeHolm to use anywhere, and includes usage on FaeHolm when the image is not yours. You also agree not to make any attempt to harm our site or those of other users by distributing a virus or harmful coding.
III. Using FaeHolm as a way to brake any law- You agree that when you are using our website and other services that you will not use it to incriminate any law(s) whether they be local, federal, or national.
This section(s) will go into details of the terms and conditions for sales, refunds, purchases, exchanges, and all other changes. It breaks it down into the following 4.1 amd 4.2 tabs.
A. Artisans- FaeHolm is available to members (artisans) all over the world as long as your products comply to our term and conditions.
I. By listing an item for sale, you are agreeing to comply to our rules for selling a product. You are responsible for keeping up to date with any changes we have made. We will inform you of any changes via announcement on artisan dashboard.
II. You, the artisan, are responsible for the accuracy, completeness and the truth of the content of the listing and the product you are offering for sale.
III. You, the artisan, are responsible for creating your own store’s terms and conditions, policy, and shipping information. To learn more you may find information on your artisan’s dashboard under knowlagebase.
IV. You the artisan, are responsible for dealing with customer disputes relating to the products and services that you are offering.
V. You, the artisan, are responsible for keeping your products, services, and store information up to date.
VI. You, the artisan, agree that when using FaeHolm or any of it’s services, you will comply with all applicable laws and regulations in providing, delivering or rendering the products or services you offer.
B. Customer’s right to change their mind- If a customer wishes to make any change(s) to their order you must specify in your terms and conditions (policies) whether this is possible, time frame they have to make these changes within.
I. If a customer becomes aware of any defects with your product, they must contact you as soon as they become aware of them and arrange to return the defective product to you, the artisan, as per your policies.
II. A customer reserves the right to cancel an order before it has been completed or only an hour after placing order. (Must be done prior to the item has been made and shipped).
III. You, the artisan also reserves the right to cancel an order.
IV. You, the artisan reserves the right to make minor changes to an order to comply with relevant laws and regulatory requirements and to implement minor technical adjustments and improvements so long as they do not affect the buyers use of the product.
V. Should you need to make significant changes to a product, you must get in touch with the buyer and confirm they are happy with these changes before proceeding with the sale. If the buyer does not accept these changes, you may agree to end the contract of sale between you, the vendor, and your customer.
C. Artisan’s fees are as stated in the following;
I. FaeHolm does not charge you for listing a product on our platform, anyone that sells items can open an online store with us and list 30 of their products free of charge. If your products listed with us sell, you will be charged 10% commission per product sold. This commission fee is waived only if the artisan has subscribed to one of our monthly memberships.
II. FaeHolm uses Stripe, Klarna, WooCommerce and PayPal to collect and disburse payments from customers to artisans, there is a charge for using these processing gateways, more information regarding their fees can be found on their dashboards.
FaeHolm will include these fees only in the Fae membership where it is stated that the fee is 10% commission fee. You, the artisan will be required to have this processing fee taken out of your total order amount when you choose any of the other paid memberships.
III. FaeHolm reserve the right to make changes to these fees at any time, sellers will be notified of any changes to fees. At times there may be special offers, at which they will only override these terms while they are active, when they expire it will default to the terms as stated here.
IV. You, the artisan also reserves the right to cancel a paid membership. However, it is your responsibility to cancel your membership prior to the renewal date. If this is not done, FaeHolm is not required to refund the amount of membership. If done so prior to the renewal date, which must be minimal of 24 hours, than FaeHolm will refund the amount only if the artisan reaches out to admin no later than 5 days after cancellation and membership was charged.
A. Customers- FaeHolm is available to members (customer) all over the world as long as your products comply to our term and conditions. By continuing to use our website, we assume that you understand and are happy with the following;
I. You understand that FaeHolm is a marketplace for sale only and that the contract of sale itself lies with you, the customer and the artisan.
II. You understand that FaeHolm are not liable to any person in relation to an offer for sale, sale or purchase of any product listed on our website. We are not responsible for the enforcement of any contractual obligation between any buyer and seller.
III. You understand that FaeHolm has no control over, nor do we guarantee the existence, quality, safety or legality of the items listed on our platform. Nor do we guarantee the accuracy, completeness or truth of any content or listing on our platform or the credit worthiness of any of our users.
IV. We are not involved in the transaction between a customer and artisan on our website.
V. We are not an agent for any customer or artisan that uses our platform.
VI. Should you need to contact us for information on your order, please have your order number, name and date of order on hand. You may reach us at contact@faeholm.com or Contact Us.
VII. Artisan terms and conditions of sale, each artisan will set their own terms and conditions for sale, you can find this information on the artisan’s shop page and on the product page under the product information.
VIII. FaeHolm does not offer any guarantee or warranty for products sold on our website.
IX. FaeHolm does not offer any guarantee or warranty for services sold on our website.
X. FaeHolm does not offer any guarantee or warranty for any qualifications on our website.
B. Customer’s right to change their mind- If a customer wishes to make any change(s) to their order you must reach out to the specific artisan in which you made the purchase from.
I. Should you find a defect with your order, please get in touch with the artisan as soon as possible to arrange returning the defective product.
II. It is then at the artisan discretion as to whether they fully refund, partially refund or replace the product.
III. A customer reserves the right to cancel an order before it has been completed or only a few hours after placing order. (Must be done prior to the item has been made and shipped).
IV. The artisan also reserves the right to cancel an order.
V. The artisan reserves the right to make minor changes to an order to comply with relevant laws and regulatory requirements and to implement minor technical adjustments and improvements so long as they do not affect the customer’s use of the product.
A. As a member of FaeHolm.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to Contact@faeholm.com.
B. As a member, you agree that FaeHolm LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
I. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
II. by way of requests from law enforcement or any other governmental agencies;
III. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
IV. unexpected technical or security issues and/or problems;
V. any extended periods of inactivity;
VI. any engagement by you in any fraudulent or illegal activities; and/or
VII. the nonpayment of any associated fees that may be owed by you in connection with your FaeHolm account Services.
C. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with FaeHolm.com shall include any and/or all of the following;
I. the removal of any access to all or part of the Services offered within FaeHolm.com;
II. the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
III. the barring of any further use of all or part of our Services.
A. FaeHolm LLC shall not lay claim to ownership of any content submitted by any visitor member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for FaeHolm LLC the below listed worldwide, royalty-free and nonexclusive licenses, as applicable:
B. The content submitted or made available for inclusion on the publicly accessible areas of FaeHolm LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of FaeHolm LLC’s sites, and shall terminate at such time when you elect to discontinue your membership.
C. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of FaeHolm LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of FaeHolm LLC’s sites and shall terminate at such time when you elect to discontinue your membership.
D. For any other content submitted or made available for inclusion on the publicly accessible areas of FaeHolm LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed. Those areas which may be deemed “publicly accessible” areas of FaeHolm LLC’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging
A. FaeHolm LLC provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that;
I. your contributions do not contain any type of confidential or proprietary information;
II. FaeHolm shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
III. FaeHolm shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
IV. the contributor’s Contributions shall automatically become the sole property of FaeHolm;
V. FaeHolm is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
All users and/or members herein agree to insure and hold FaeHolm LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of FaeHolm Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to FaeHolm’s sites.
A. You herein acknowledge that FaeHolm LLC may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by FaeHolm LLC, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on FaeHolm LLC’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.
B. In addition, you also agree that;
FaeHolm LLC has absolutely no responsibility or liability for the removal or failure to maintain
storage of any messages and/or other communications or content maintained or transmitted by our Services.
C. You also herein acknowledge that we reserve the right to delete or remove any
account that is no longer active for an extended period of time.
D. Furthermore, FaeHolm LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
E. Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on FaeHolm LLC’s servers. In this manner, you will be able to access and search your message history from any computer with internet access.
F. You also acknowledge that others have the option to use and save conversations with you in their own personal account on FaeHolm.com. It is your agreement to this TOS which establishes your consent to allow FaeHolm LLC to store any and all communications on its servers.
FaeHolm LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
A. Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser.
B. Moreover, you herein agree that FaeHolm LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
A. Either FaeHolm LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources.
B. Furthermore, you acknowledge and agree that FaeHolm LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
A. You do hereby acknowledge and agree that FaeHolm LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
B. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
C. Therefore, except for that which is expressly permitted by applicable law or as authorized by FaeHolm LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiarist works which are based on FaeHolm LLC Services (e.g. Content or Software), in whole or part.
D. FaeHolm LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sub-license, grant a security interest in and/or otherwise transfer any such right in the Software.
E. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
F. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by FaeHolm LLC for use in accessing our Services.
A. You herein expressly acknowledge you herein expressly acknowledge and agree that;
I. the use of FaeHolm LLC services and software are at the sole risk by you. our services and software shall be provided on an “as is” and/or “as available” basis. FaeHolm LLC and our subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchant ability, fitness for a particular purpose and non-infringement.
II. Faeholm LLC and our subsidiaries, officers, employees, agents, partners and licencors make no such warranties that
a. FaeHolm LLC services or software will meet your requirements;
b. FaeHolm LLC services or software shall be uninterrupted, timely, secure or error-free;
c. that such results which may be obtained from the use of the FaeHolm LLC services or software will be accurate or reliable;
d. quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and
e. that any such errors contained in the software shall be corrected.
f. any information or material downloaded or otherwise obtained by way of FaeHolm LLC services or software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
g. no advice and/or information, despite whether written or oral, that may be obtained by you from FaeHolm LLC or by way of or from our services or software shall create any warranty not expressly stated in the TOS.
h. a small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our services. certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. should you, anyone you know or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions. limitation of liability
B. You explicitly acknowledge, understand and agree that FaeHolm LLC and our subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
I. the use or inability to use our service;
II. the cost of procuring substitute goods and services;
III. unauthorized access to or the alteration of your transmissions and/or data;
IV. statements or conduct of any such third party on our service;
V. and any other matter which may be related to our service.
In the event you have a dispute, you agree to release FaeHolm LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute
A. Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again.
B. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. FaeHolm LLC’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. FaeHolm LLC and our licencors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you. Third party beneficiaries You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
FaeHolm LLC may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
A. You herein acknowledge, understand and agree that all of the FaeHolm LLC trademarks, copyright, trade name, service marks, and other FaeHolm LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of FaeHolm LLC. You herein agree not to display and/or use in any manner the FaeHolm LLC logo or marks without obtaining FaeHolm LLC’s prior written consent.
B. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
FaeHolm LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, FaeHolm LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information;
I. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
II. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
III. A description of the location of the site which you allege has been infringing upon your work;
IV. Your physical address, telephone number, and email address;
V. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
VI. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The FaeHolm LLC Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
FaeHolm LLC
Email: contact@faeholm.com
Be it known, that FaeHolm LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at FaeHolm.com
A. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and FaeHolm LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to FaeHolm LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other FaeHolm LLC Services, affiliate Services, third-party content or third-party software.
B. CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and FaeHolm LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and FaeHolm LLC, shall be filed within the courts having jurisdiction within the County of United States, Texas or the U.S. District Court located in said state. You and FaeHolm LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts
C. WAIVER AND SEVERABILITY OF TERMS
At any time, should FaeHolm LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
D. NO RIGHT OF SURVIVOR SHIP NON-TRANSFER ABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
E. STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
F. VIOLATIONS
Please report any and all violations of this TOS to FaeHolm LLC as follows:
FaeHolm LLC
Email: contact@faeholm.com