Furnishly acts as a venue to allow users who comply with Furnishly’s policies to offer, sell and buy any furniture or household related items. Furnishly is not directly involved in the transaction between buyers and sellers. As a result, Furnishly 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. Furnishly does not pre-screen users or the content or information provided by users, and cannot ensure that a buyer or seller will actually complete a transaction. As a result, Furnishly does not transfer legal ownership of items from the seller to the buyer. Furnishly cannot guarantee the true identity of a user and encourages you to communicate directly with potential transaction partners through the messaging tools made available on the site. You agree that Furnishly is a venue and as such is not responsible or liable for any content posted by you, other users, or outside parties on Furnishly. You use the Furnishly service at your own risk.
2. Membership Eligibility
Furnishly's services are available only to individuals who are 18 years or older and can form legally binding contracts under applicable law. Your registration signifies your acceptance of this policy and confirms that all information submitted by you is accurate and truthful. Individuals under the age of 18 must at all times use Furnishly's services only under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for all activities performed. Furnishly may refuse to offer access to or use of the site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the site is revoked in such jurisdictions. You must keep your account information up-to-date and accurate at all times, including a valid email address. Your user password must be kept secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Furnishly of any unauthorized use of your password or any breach of security. You also agree that Furnishly 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 Furnishly without Furnishly's express written permission. You may not transfer or sell your Furnishly account to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this agreement. Furnishly reserves the right, in Furnishly's sole discretion, to cancel unconfirmed or inactive accounts, and reserves the right to refuse service to anyone, for any reason, at any time.
3. Listing & Selling
Joining and creating a listing(s) on Furnishly is free. By listing an item on the site you warrant that you and all aspects of the item comply with Furnishly's Prohibited, Questionable and Infringing Items and Activities agreement and that you have the right to legally sell the item. You must accurately describe your item and all terms of sale in your Furnishly store. 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 for sale. Each unique item must have its own listing. Furnishly reserves the righ tto take down or otherwise modify content it find to have violated any of these prohibited, questionable and infringing item and activities at its sole discretion.
4. Prohibited, Questionable and Infringing Items & Activities
You are solely responsible for your conduct and activities on and regarding to Furnishly and any and all content (data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) that you submit on Furnishly. Your content and your use of Furnishly shall not: 1. Be false, inaccurate or misleading 2. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy 3. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall 4. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person, or falsely state or otherwise misrepresent your affiliation with any person 5. Contain or transmit any code of a destructive nature that may interfere with or damage any system, data or personal information 6. Appear to create liability for Furnishly or cause Furnishly to lose (in whole or in part) the services or Furnishly's ISPs or other suppliers 7. Contain pornography of any sort 8. Host images not part of a listing 9. Modify or hack Furnishly or another website so as to falsely imply that it is associate with Furnishly
Furnishly does not claim ownership rights in your content. You grant Furnishly a license solely to enable Furnishly to use any information or content you supply Furnishly with, so that Furnishly is not violating any rights you might have in that content. You grant Furnishly a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the content, in any media now known or not currently known, with respect to your content. You agree to allow Furnishly to store or re-format your content on Furnishly and display your content on Furnishly in any way as Furnishly chooses. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Furnishly user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Furnishly-related communications. Furnishly has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Furnishly user to your email or physical mail list. By posting content on Furnishly, it is possible for an outside website or a third party to re-post that content. You agree to hold Furnishly harmless for any dispute concerning this use. If you choose to display your own Furnishly-hosted image on another website, the image must provide a link back to its listing page on Furnishly. Furnishly considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the site or otherwise to be non-confidential and non-proprietary, and Furnishly shall not be liable for the disclosure or use of such Material. If, at Furnishly's request, any member sends Material to improve the site (includes, but not limited to, the Forums or to customer support), Furnishly will also consider that Material to be non-confidential and non-proprietary and Furnishly will not be liable for use or disclosure of the material. Any communication by you to Furnishly is subject to this agreement. You hereby grant and agree to grant Furnishly, 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. Furnishly does not control the content provided by users that is made available on Furnishly. 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 Furnishly, you agree to accept such risks and that Furnishly is not responsible for any and all acts or omissions of users on Furnishly. Please use caution and common sense when using Furnishly.
6. User Interactions
Users may arrange and attend online virtual meetings or in-person meetings with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Furnishly's policies and acknowledge and agree to comply with the laws of the city, county and country in which the meeting occurs. Furnishly does not supervise or control the meetings or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others and understands that Furnishly does not in any way screen its users. All Furnishly users agree to exercise caution and good judgement in all interactions with others, particularly if meeting offline or in person.
7. Resolution of Disputes and Release
In the event a dispute arises between you and Furnishly, please contact Furnishly at firstname.lastname@example.org immediately. Any dispute arising from or relating to the subject matter of this agreement shall be finally settled by arbitration under Illinois jurisdiction and of an arbitrator at Furnishly's choosing. The prevailing party in any arbitration or other proceeding arising under this agreement shall be entitled to receive reimbursement of its reasonable 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. Use of the site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Furnishly agree that any cause of action arising out of or related to the Site (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. Should you have a dispute with one or more users, or an outside party, you release Furnishly from any and all claims, demands and damages of every kind arising out of or in any way connected with such disputes. Furnishly encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Furnishly, for the benefit of users, may try to help users resolve disputes. Furnishly does so in Furnishly's sole discretion, and Furnishly has no obligation to resolve disputes between users or between users and outside parties. To the extent that Furnishly attempts to resolve a dispute, Furnishly will do so in good faith based solely on Furnishly's policies. Furnishly will not make judgments regarding legal issues or claims.
8. Furnishly's Intellectual Property
FURNISHLY, and other Furnishly graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Consumer Interactions, LLC. in the U.S. and/or other countries. Furnishly's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
9. Access and Interference
Furnishly may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Furnishly is updated on a real-time basis and is proprietary or is licensed to Furnishly by Furnishly's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Furnishly for any purpose whatsoever. Additionally, you agree that you will not: 1. Take any action that imposes, or may impose, in Furnishly's sole discretion, an unreasonable or disproportionately large load on Furnishly's infrastructure 2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses 3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site 4. Bypass Furnishly's robot exclusion headers or other measures Furnishly may use to prevent or restrict access to Furnishly
Without limiting any other remedies, Furnishly may, without notice, delay or immediately remove Content, warn Furnishly'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: Furnishly suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents and community guidelines incorporated herein; Furnishly is unable to verify or authenticate any of your personal information or Content; or Furnishly believes that a user is acting inconsistently with the letter or spirit of Furnishly's policies, has engaged in improper or fraudulent activity in connection with Furnishly or the actions may cause legal liability or financial loss to Furnishly's users or to Furnishly.
Furnishly will not sell or disclose your personal information to third parties without your explicit consent. Furnishly stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
12. Liability Limit & Indemnity
In no event shall Furnishly be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Furnishly's services, or this agreement. This includes, but is not limited to, lost profits, bodily injury, emotional distress, or any consequential damages. You agree to indemnify and hold Furnishly harmless from any clain or demand, including reasonable attorneys' fees, made by any third party due to or arising out of breach of this agreement.
13. 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 Furnishly service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the site .
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.
15. No Agency
You and Furnishly are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.