Fyby Terms and Condition
Last updated; July 14th, 2022
Agreement to terms
These terms and conditions constitute a legally binding agreement made between you, whether
personally or on behalf of an entity(“you”) and Fyby (“we,” “us” or “our”), concerning your
access to and use of the Fyby website as well as any media form, media channel, mobile website
or mobile application related, linked or otherwise connected there to Fyby.
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of
these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then
you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms and Conditions at any time and for
any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms and
Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms and Conditions by your continued use of the Site
after the date such revised Terms and Conditions are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country.
Accordingly, those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
Fyby is intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to register for the site unless they have parental guidance who monitors their activity
Use of cookies
Consent to use of cookies
By using our website you consent to our use of cookies to process the information we gather. We
will not use cookies to collect personally identifiable information about you as our cookies are
there to simply help with your overall experience on our website. Our cookies help us to analyze
how our customers use our website and enables basic personalization of our site, which further
improves your experience.
We use several different types of cookies:
Session cookies: Temporary cookies which remain in your cookie file until you leave our
website.
Persistent cookies: These remain in place across multiple visits to our sites.
Third Party Cookies: These are created by a third party to provide us with statistics. An
example of this is Google analytics.
Disabling Cookies: You can choose to accept or decline cookies by changing the settings in
your browser.
Marketing
Your brand and items will be used to market under the Fyby umbrella of brands to reach
mainstream audience. You give us the right to market your brand however we want which
includes social media, campaign, PR, and other marketing services.
Intellectual property
We do not claim ownership of your brand. You are responsible for your own intellectual
property and Fyby does not serve as an owner for legal purposes in the event that your items are
being copied by another brand.
Payment methods
Billed every 30 days after free trial, additional fees may be charged like VAT, if your card
declines, we will cancel your account after a week and you won’t get access to your sales until
fees are paid. We may charge a late fee if you are unable to pay.
Electronic communications, transactions, and signatures
Visiting Fyby, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically, via
email and on the site, satisfy any legal requirement that such communication be in writing.
Prohibited activities
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from
us.
2. make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretences.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
11. attempt to impersonate another user or person or use the user ID of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm another
person.
14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site,
or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive
or active information collection or transmission mechanism, including without limitation,
clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as “spyware” or “passive collection mechanisms” or
“pcms”).
22. except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. use the Site in a manner inconsistent with any applicable laws or regulations.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Privacy policy
We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. [Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]
Term and termination
These Terms and Conditions shall remain in full force and effect while you use the Site. Without
limiting any other provision of these terms and conditions, we reserve the right to, in our sole
discretion and without notice or liability, deny access to and use of the site (including blocking
certain ip addresses), to any person for any reason or for no reason, including without limitation
for breach of any representation, warranty, or covenant contained in these terms and conditions
or of any applicable law or regulation. We may terminate your use or participation in the site or
delete [your account and] any content or information that you posted at any time, without
warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and injunctive redress and take
down a store or wishlist if selling or portraying illegal/racist/misogynist items.
Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our
services will be at your sole risk. To the fullest extent permitted by law, we disclaim all
warranties, express or implied, in connection with the site and your use thereof, including,
without limitation, the implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. We make no warranties or representations about the accuracy or
completeness of the site’s content or the content of any websites linked to the site and we will
assume no liability or responsibility for any;
⚫ errors, mistakes, or inaccuracies of content and materials,
⚫ personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
⚫ any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
⚫ any interruption or cessation of transmission to or from the site, (5)
⚫ any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
⚫ any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)your contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User data
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data
Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Site
constitute the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
from these Terms and Conditions and does not affect the validity and enforceability of any
remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you
and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms
and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these
Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and
Conditions.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
[email protected]