1. Accepting These Terms
The Terms are a legally binding contract between you and FetishManiac.
Please note that Section 8, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
All of these policies are a part of our Terms.
If you don’t agree with the Terms, you may not use our Services.
2. Your Privacy
Both FetishManiac and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not FetishManiac, will be responsible for that unauthorized disclosure.
If, however, FetishManiac and sellers are found to be joint data controllers of buyers’ personal information, and if FetishManiac is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify FetishManiac for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to FetishManiac.
3. Your Account with FetishManiac
You’ll need to create an account with FetishManiac to use some of our Services. Here are a few rules about accounts with FetishManiac:
A. You must be 21 or older to use our Services
B. Be honest with us and yourself. Provide accurate information about yourself
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You are responsible for your account. You’re solely responsible for any activity on your account
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure
4. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it
B. Permission to Use Your Content. By posting Your Content through our Services, you grant FetishManiac a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help FetishManiac function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. By posting Your Content, you grant FetishManiac a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote FetishManiac, your FetishManiac shop, or the Services in general, in any formats and through any channels, including across any FetishManiac Services or third-party website or advertising medium.
C. Reporting Unauthorized Content. FetishManiac has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please let us know. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
D. Inappropriate, False, or Misleading Content. There are certain types of content we don’t want posted on FetishManiac’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
5. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
B. You agree not to interfere with or try to disrupt our Services
E. The names “FetishManiac" and the other FetishManiac marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of FetishManiac in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
A. Termination By You. You may terminate your account with FetishManiac at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination
B. Termination By FetishManiac. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. FetishManiac may refuse service to anyone, at any time, for any reason
If you or FetishManiac terminate your account, you may lose any information associated with your account, including Your Content.
FetishManiac reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
7. Warranties and Limitation of Liability
You understand that FetishManiac does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so FetishManiac cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release FetishManiac from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury.
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. FetishManiac is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Warranties. FetishManiac is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither FetishManiac, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall FetishManiac’s aggregate liability for any damages exceed the greater of one ($1) US Dollars.
We hope this never happens, but if FetishManiac gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend FetishManiac (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
9. Disputes with Other Users
If you find yourself in a dispute with another user of FetishManiac’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate to our support system. FetishManiac will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. FetishManiac has no obligation to resolve any disputes.
You release FetishManiac from any claims, demands, and damages arising out of disputes with other users or parties.
10. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.