Thank you for taking the time to learn about FiddlePiddle’s legal policies. It is important stuff. This is where you will find information about how we protect your privacy and how we handle user accounts. If you still have questions after reading them, drop us a line at hello@FiddlePiddle.com.
Welcome to FiddlePiddle (“FiddlePiddle”, “FiddlePiddle, LLC.”, “FiddlePiddle.com” “we”, “our”, or “us”). These Terms and Conditions or Terms of Conditions (“Terms”, “TOC”, or the “Agreement”) govern your use of our website and all of the Services we offer. Please read these Terms carefully.
If you are a SELLER, supplier or manufacturer and have decided to partner with FiddlePiddle, then please click on + (bottom menu)to create your SELLER account.
For SELLERS Only – SELLER USERNAME
> It is mandatory that you use your actual business name as your SELLER username for authenticity, e.g. FiddlePiddle.
> Do not use your first name or last name or combination of both as your SELLER username, it will be rejected automatically otherwise.
> Do not use your full email address as your SELLER username. (Using your email address as your SELLER username attracts spammers).
> Please do not use CAPITAL LETTERS in your SELLER username and email address.
For SELLERS Only – SELLER ACCOUNT EMAIL ADDRESS
Please use your business email address when creating your account and for all forms of communication including PayPal.
For SELLERS Only – STRIPE ACCOUNT
For SELLERS Only – SELLER SHIPMENT
We only use UPS, USPS, DHL, FEDEX, EMS, TNT and ARAMEX for all orders because they are reliable, fast and easily trackable. Until further notice, we will not accept any other shipping company other than what is listed. You agree to ship our order(s) with a shipment company of your choice from the list above. If you have any questions or concerns about our shipping policy then please contact us at hello@FiddlePiddle.com – Thank you.
SELLER/Supplier Partnership Agreement
Building a Meaningful and Productive Partnership with Good Products and Services
We are serious about authenticity, quality and good business, therefore all products must go through our review process before a possible partnership. If you have already gone through partnership process with us, then please create your SELLER username from the Economy Plan using your actual company’s name, this is mandatory for authenticity. Please do not use your full name, email address, abbreviations or initials as your SELLER username. By continuing you agree to the FiddlePiddle partner terms, and with the ‘SELLER username’ and ’email’ rules.
You agree to ship an order made on FiddlePiddle.com within two business days from the date of payment. No later than two business days unless there an irreversible reason which must be informed to FiddlePiddle ASAP. Keep in mind you are responsible for the item until it reaches the buyer at the address provided in your Order Email Notification and SELLER Dashboard under Orders. We recommend purchasing insurance for high value shipments.
You agree to accept replacements, cancellations, returns/refunds and adjustments for your listed products on FiddlePiddle in accordance with our Seller Policy and Terms and Conditions.
After you ship the ordered product, you agree to return to your FiddlePiddle’ Dashboard and mark as shipped with the tracking number to confirm shipment. If you do not confirm shipment with the tracking number of the order within 24 hours, FiddlePiddle has the right to cancel the order and demand a full refund from you via PayPal. – By continuing you agree to the FiddlePiddle shipment and refund rules. Please do not hesitate to let us know if you have any questions or concerns regarding these matters above at hello@FiddlePiddle.com. – Thank you.
For Customers/Buyers: Shipping, Returns and Exchanges Policy
Any use of our website or other related websites, toolbars, widgets, applications or distribution channels from which we may operate, or our Services (including without limitation the software, programs, conversion technology, tools, components, upgrades, updates and all related applications, available now or in the future, collectively our “Services”), is subject to and conditioned upon your assent to and compliance with these Terms. Portions of the Services may be subject to other terms and conditions, and your use of such services is subject to and conditioned upon your acceptance of such additional terms and conditions.
By accessing and using the Site or by clicking a box that states that you accept or agree to these Terms you signify your agreement to and intent to be bound by these Terms. These Terms apply to all users of the Website, including to guest bloggers. If you do not agree to these Terms, you may not use the Site or any information contained herein. You may not use the Site if you are not over the age of 18 or the legal age of majority in your local jurisdiction, as the Site is not intended for anyone under the legal age of majority. In no event should anyone under the age of 13 years old use the Site. Please note that the Site is not directed to children under the age of 13.
The Site provides you with information, various tools, features and functionality, and enables you to create, maintain and administer a range of applications such as mobile applications, as well as other solutions, products, services, Content and forums to interact with other users via specific programs and blogs, which all can be used and/or displayed via the internet, mobile phones, tablets and/or any other current or future platform or media (the “Services”). “Content” means data, information, graphics, links, web pages, signs, images, software and code, files, texts, photos, audio or video, sounds, visual works, musical works, works of authorship, and components.
Additionally, your use of certain Services and Content may also be subject to disclaimers, legal notices, terms, click-through agreements or other legal agreements (collectively, “Additional Terms”). These Additional Terms may be posted on the Site or sections of the Site where applicable. As a result, certain Services may not be accessible by you until you agree to the applicable Additional Terms. These Terms and, where applicable, the Additional Terms, form a legally binding agreement between you and us regarding your access and use of the Site, Services and any Content. In the event of any conflict or inconsistency between these Terms and any such Additional Terms, the Additional Terms shall control. The Services are provided for your convenience only, without any obligation by FiddlePiddle.com to provide any technical support or any other type of assistance.
Access and Use of the Site and Services
We hereby grant you permission to use the Site, provided that you: (i) comply in full with these Terms; (ii) will not copy, distribute or modify any part of the Site without our prior written authorization; (iii) will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; and (iv) will not disrupt servers or networks connected to the Site.
You agree not to: (i) access or use the Site, Services and/or Content in any manner that could damage, disable, overburden, or impair any of our accounts, computer systems or networks; and (ii) attempt to gain unauthorized access to any parts of the Site, Services and/or Content, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any of our accounts, computer systems or networks.
Access to and use of password-protected or secure areas of the Site is restricted to authorized users only.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “crawlers” and “offline readers” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not to cache or archive such materials.
You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Submissions (as defined below) or otherwise.
Certain of our Services permit commercial use as specifically identified in connection with such Services. All commercial use of the Site and/or Services must be in accordance with the terms herein and the specific terms pertaining to those Services. Illegal and/or unauthorized use of the Site, Services and/or any Content, or any portion thereof, including, but not limited to, unauthorized framing of or linking to the Site is prohibited. Any such use shall be deemed to be a violation of these Terms.
Your Account on the Site
In order to access some features of the Site, you will have to create an account. By creating your account, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration processes, and to maintain and update your information, as needed. You agree not to share your account, password or other account information. You may not use another user’s account without obtaining prior written permission. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
You are solely responsible for maintaining the confidentiality of your account, password or other account information and for any activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account or any other breach of security that you become aware of involving or relating to your account. You will be liable for any use of your account or password, including without limitation, our losses due to any unauthorized use of your account. We will not be liable for any losses incurred by you or anyone on your behalf and caused due to any unauthorized use of your account.
You agree to notify us immediately of any unauthorized use of your account, password or other account information.
Proprietary Rights of FiddlePiddle.com
FiddlePiddle.com retains all right, title and interest in and to the Site, Services and Content of this site, and any derivatives thereof. We also reserve the right to protect and defend, on behalf of their respective owners, the Intellectual Property Rights of our business partners whose content is contained and/or made available in connection thereto (collectively, “FiddlePiddle.com IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights, in any country, arising under statutory or common law or by contract. Notwithstanding this clause, all IP defined shall always belong to the respective owner(s) and are used here with their permission expressly for the purpose of providing the aforementioned services of FiddlePiddle.com.
All use of the FiddlePiddle.com IP shall inure to the benefit of FiddlePiddle.com, and you shall not: (i) contest, or assist others to contest, our rights or interests in and to the FiddlePiddle.com IP or the validity of our rights in and to the FiddlePiddle.com IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said FiddlePiddle.com IP. All rights in the FiddlePiddle.com IP which are not expressly granted herein are reserved by FiddlePiddle.com. You hereby agree to assign and do assign to FiddlePiddle.com any modifications or derivative works of any Services and/or Content made by you in contravention of the foregoing limitation.
You agree not to remove, obscure or alter any notices of Intellectual Property Rights or disclaimers appearing in or on the Site Services and/or Content.
All rights to use any of FiddlePiddle.com copyrights, trademarks, service marks, trade names, trade dress, logos, slogans, copyrighted designs or other brand features (collectively “Brand Features”) are wholly owned by the respective company of FiddlePiddle.com. Any use of the Brand Features, and any goodwill therefrom, shall inure to FiddlePiddle benefit, and shall be subject to FiddlePiddle.com. If you are seeking permission to use any of our Brand Features please contact our legal department at: hello@FiddlePiddle.com.
To the extent that we solicit User Submissions (defined below) through features or activities on or through the Site (including games, sweepstakes, contests, promotions and blogs that require the use of our FiddlePiddle.com IP (in whole or in part), we hereby grant you a non-exclusive license as required solely for the purpose of creating your User Submissions; and subject to the terms below with respect to User Submissions.
Some sections of the Site (such as message boards, blogs, forums, sweepstakes or comments) may provide you and other visitors of the Site with the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, musical compositions (including lyrics), sound recordings, characterizations, creative works or other information, messages, transmissions or materials, including your name and likeness, to FiddlePiddle.com or others (collectively, “Submission”).
User Submission License. By posting, submitting or uploading User Submission to any part of the Site, you represent and warrant that it complies with these Terms, and you acknowledge and agree that you are granting FiddlePiddle.com a perpetual, irrevocable, unlimited, worldwide, royalty-free, transferable (in whole or part), sub-licensable right and license to (the “Submission License”): (a) use, reproduce, copy, display, create derivative works from, license, modify, adapt, publish, translate, distribute, perform, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, edit, modify, synchronize with visual material, incorporate in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Submission and transcode the User Submission to appropriate media formats, standards or mediums (in each of the foregoing cases, in whole or in part); and (b) offer to sell, sell, lease, assign and otherwise transfer to third parties the right to use, exhibit and otherwise use, exploit or distribute the User Submission (in whole or in part and as altered by FiddlePiddle.com in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter developed, without compensation to you for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution to you, and without the requirement of any permission from or payment to you or to any other person or entity.
Your Rights in your User Submissions. You represent and warrant that: (a) you have the right and authority to grant the User Submission License to us; (b) our exercise of the rights granted pursuant to the User Submission License will not infringe or otherwise violate any third party rights; and (c) all so-called “moral rights” in the User Submission have been waived to the full extent allowed by law. Further, you represent and warrant to FiddlePiddle.com that your User Submission is original work made or created by you or that you have all right, title, and/or authority to grant the User Submission License to FiddlePiddle.com. In addition, you represent and warrant that your User Submission does not infringe or violate any rights of any third party or entity, including, without limitation, any Intellectual Property Rights, defamation, privacy, publicity or any other similar right. If your User Submission includes images, photos or video of individuals other than you, then before you post such User Submission on the Site, you must have the express consent of everyone who appears in the User Submission in order to submit the User Submission for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child’s parent or legal guardian.
Subject to the User Submission License you grant to FiddlePiddle.com here-under, you shall continue to retain all rights in and to your User Submission. Nothing in these Terms shall limit you from selling or licensing your User Submission to any other person or entity.
Your Liability for your User Submissions. You are solely responsible for your User Submission and any consequences of posting or publishing it on the Site whether as part of a message board, forum, blog, application you create or otherwise. These sections of the Site are public and not private, and you acknowledge and agree that you have no expectation of privacy with respect to any User Submission posted or published in any such section of the Site. Please carefully consider the User Submission you choose to post on any section of the Site. You should not include any personal information of yours or other third party such as full name, telephone number, photo or street address, as part of your User Submission. We cannot guarantee the security of any information you disclose through the Site; you make such disclosures at your own risk.
Further, you are solely responsible for any interaction with other users or visitors of the Site and/or Services. We reserve the right but shall have no obligation to monitor disputes between you and any other user or visitor of the Site.
Legality of User Submissions. You agree that your User Submission (or any content made available therein) will not: (i) be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) create a risk to a person’s safety or health, to public safety or health, compromise national security, or interfere with an investigation by any law enforcement; (iii) promote illegal drugs, violate export control laws, or relate to gambling or arms trafficking; (iv) be unlawful, defamatory, abusive, libelous, threatening, harmful, vulgar, obscene, profane, pornographic, harassing, hateful, inaccurate, racially or ethnically offensive, or otherwise objectionable material or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any applicable local, state, national or international law or regulation; (v) infringe or violate any right of a third party including: (a) any Intellectual Property Right, right for privacy or other proprietary or contractual rights; or (b) any confidentiality obligation; (vi) contain any virus or other harmful component, or otherwise tamper with, impair or damage the Site or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Site; or (vii) include any “flaming”, “spamming”, “flooding” and/or “trolling” mechanism, as those terms are commonly understood and used on the Internet.
Monitoring or Removal of User Submissions. You grant the User Submission License to FiddlePiddle.com whether or not your User Submission (or any part thereof) is actually posted on the Site or used by FiddlePiddle.com. You acknowledge and agree that FiddlePiddle.com may, at its sole discretion, elect to post or not post your User Submission on any Site, or to remove your User Submission from any Site after it has been posted or published, at any time, for any reason and without notice, and not to use, exhibit or otherwise exploit your User Submission in any manner whatsoever. You further acknowledge and agree that you post, submit or upload your User Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between FiddlePiddle.com and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the User Submission.
Additionally, as we do not permit copyright-infringing activities and infringement of any Intellectual Property Rights on our Site, we will remove all content and User Submissions if we are properly notified that such content or User Submissions infringe on any person or entity’s Intellectual Property Rights. In addition, we will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violates these Terms.
Indemnification respecting your User Submissions. You understand that when using the Site, you may be exposed to User Submissions, from a variety of sources, that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent permitted by law regarding all matters related to your User Submissions.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, BY POSTING, SUBMITTING, OR UPLOADING USER SUBMISSION TO ANY MESSAGE BOARD, BLOG, FORUM, SWEEPSTAKES, APPLICATION YOU CREATE OR ANY OTHER AREA ON THE SITE, YOU HEREBY EXPRESSLY PERMIT FIDDLEPIDDLE.COM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH USER SUBMISSION IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH YOUR USER SUBMISSION.
You may submit an article to the FiddlePiddle.com blog via the Site for consideration. We reserve the exclusive right to choose what articles to publish and are not obligated to provide you with a reason for rejecting your submitted article. In addition, while we are under no obligation to do so, once published, we reserve the right to remove and permanently delete your article without notice, and for any reason to our sole discretion. If your article is accepted by us, you may place a link to your article on our Site from your website or other websites.
Blogger License: By submitting your article, you hereby grant us a perpetual, royalty free, non-exclusive (except for the first sixty days) license to use the Content of your article in our sole discretion, so long as we give you writer’s credit.
We may accept the article but request you to edit the article, and you may elect to do so or not. However, if you elect not to edit it in accordance with our reasonable requests, we may revoke our acceptance of the article for publication on our Site. We further reserve the right to revoke our acceptance even if you do elect to edit it per our request if our needs have changed in the intervening time period.
You must supply us with your information for your writer’s credit, along with any website which publicizes your writer’s credit information. We will be happy to publish this information at the beginning or end of the article (based solely on our editorial judgment). However, we ask that you refrain from promoting yourself, your company and/or your products in the body of the article.
As a Guest Blogger, you must be compliant with the following guidelines regarding any submitted article:
- The Content of your article must comply with all User Submissions’ restrictions and guidelines, as set forth above.
- The body of the article must be 1,000 words or less.
- Guest Bloggers must submit the title of the post. The title of the post can be a maximum of 10 words.
- Guest Bloggers are not permitted to submit images for the article. We are responsible for choosing any images for the article. Suggestions are welcome.
- Guest Bloggers must provide a 100 word or less biography.
- Guest Bloggers must provide a headshot, either png or jpg.
- Guest Bloggers must provide contact information.
- Guest Bloggers are entitled to provide one link and one Twitter handle. If we find either link or Twitter handle inappropriate, we have the right to not include the link and/or Twitter handle with the post.
- Requests to Remove Content
Any requests to remove copyright-infringing content from the Site, or counter-requests to repost content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy.
Links to Third Party Websites
The Site, Services and/or Content may contain links to independent third party websites and to information provided on such independent third party websites. These independent third party websites are provided solely as a convenience to you and other visitors of the Site, and are not under our control whatsoever. FiddlePiddle.com is not responsible for and does not endorse the content of such independent third party websites, including any content, information or services contained on such independent third party websites, nor is it responsible for any changes or updates to such independent third party websites. You will need to make your own independent judgment regarding your interaction with and use of these independent third party websites, which will be at your risk. You agree that FiddlePiddle.com shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, information or services available on or through any such independent third party websites.
Changes and Notices
We reserve the right, at our sole discretion, to amend these Terms, at any time, without notice to you. Please check these Terms periodically for changes. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the bottom of this page. The revised Terms will be effective when posted. You may access the updated Terms by clicking on the “Legal” link which is included at the bottom of each web page of the Site. By continuing to use the Site after we have posted changes to the Terms, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site or Services.
Further, we reserve the right, at our sole discretion, to modify, change or discontinue any part or all of the Site and/or the Services and/or their scope or availability, at any time, without notice to you. Such changes by their very nature may cause inconvenience or even malfunctions. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH, THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.
Site and Services’ Availability
The availability and functionality of the Site and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. FIDDLEPIDDLE.COM DOES NOT WARRANT THAT THE SITE AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Change or Termination of Operation
At any time, we reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Site, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Site, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Site, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Disclaimer of Warranty
THE SITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIDDLEPIDDLE.COM DOES NOT GUARANTEE THAT THE SITE, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIDDLEPIDDLE.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATIBILITY. FIDDLEPIDDLE.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, SERVICES AND/OR CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES, CONTENT AND ANY SITE LINKED THERETO. YOUR SOLE REMEDY AGAINST FIDDLEPIDDLE.COM FOR DISSATISFACTION WITH THE SITE, SERVICES AND/OR CONTENT IS TO STOP USING THE SITE, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL FIDDLEPIDDLE.COM BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF FIDDLEPIDDLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE SITE AND SERVICES; (IV) ANY FAULT OR ERROR MADE BY ANY MEMBER OF FIDDLEPIDDLE.COM OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES; (V) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SITE OR SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE OF THE SITE AND/OR SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless FiddlePiddle.com, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of FiddlePiddle.com’s internal Affiliates and external Affiliates and entities’ respective reSELLERS, distributors, service providers and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Site, the Services and/or the Content; (ii) your violation of these Terms and/or any Additional Terms; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree to comply fully with all U.S. export laws and regulations, including: section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act, to ensure that the Site, the Services or the Content are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Site, the Services or the Content to any U.S.-embargoed country. By accessing, using or downloading the Site, the Services or the Content (as applicable), you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “State Sponsors of Terrorism”; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Termination of Your Account
We may limit, suspend or terminate your account and/or your ability to access the Site and your use of the Site or any areas of the Site, Service or any Content provided on or through the Site, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms and/or the applicable Additional Terms. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of the Site, Services or any Content.
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the Site or Services through use of a different user name or otherwise.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to FiddlePiddle.com, for which monetary damages would be inadequate, and you consent to FiddlePiddle.com obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If any member of FiddlePiddle.com does take any legal action against you as a result of your violation of these Terms, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to such member of FiddlePiddle.com. You agree that we will not be liable to you or to any third party for termination of your access to the Site or the Services as a result of any violation of these Terms.
Governing Law, Jurisdiction
These Terms and your use of the Site will be governed by and construed in accordance with the laws of USA, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than USA.
The Courts located in New York shall have sole and exclusive jurisdiction over you and FiddlePiddle.com and the subject matter of these Terms. Each party hereby expressly consents to personal jurisdiction in USA and expressly waives any right to object to such personal jurisdiction or the convenience of such forum.
The following sections shall survive the termination or expiration of these Terms: Proprietary Rights of FiddlePiddle.com, User Submissions, Requests to Remove Content, Privacy, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction.
We’re constantly improving FiddlePiddle Toys Marketplace to make sure that you (SELLERS) and your buyers (consumers) have a positive experience on FiddlePiddle Toys Marketplace, therefore we will add more as we move forward.
At any time, you may contact us with any question, claim or complaint that you may have with respect to the Site, Service or any Content, at: