Using Fairy Chic Market Place
As a condition of your use of Fairy Chic Market Place you agree that you will not:
- violate any laws;
- violate the Posting Rules;
- post any threatening, abusive, defamatory, obscene or indecent material;
- post or otherwise communicate any false or misleading material or message of any kind;
- infringe any third-party right;
- distribute spam, chain letters, or promote pyramid schemes;
- distribute viruses or any other technologies that may harm Fairy Chic or the interests or property of Fairy Chic users;
- impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Fairy Chic;
- copy, modify, or distribute any other person’s content without their consent;
- use any robot spider, scraper or other automated means to access Fairy Chic and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- copy, modify or distribute rights or content from the Fairy Chic site, services, applications or tools or Fairy Chic’s copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent
- bypass measures used to prevent or restrict access to Fairy Chic;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
Abusing Fairy Chic
Fairy Chic and the Fairy Chic community work together to keep the Fairy Chic websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.
Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Fairy Chic if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Fairy Chic employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Fairy Chic or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Fairy Chic or use of Fairy Chic by users.
Fees and Services
Using Fairy Chic Market Place is free to post, but we do charge a 5% commission fee for sales. If you are a magical palace member selling is completely free. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the Fairy Chic Club website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
- If your ads went live with exposure on the Fairy Chic sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
- If your ads are placed in the Pets or Massage categories of Fairy Chic;
- If your ads are placed into “edit” mode and will go live to site once updated by you;
- If you have removed your ads yourself;
- If you post duplicate ads as defined in our rules regarding duplicate ads;
- If we believe that your ads are in a significantly wrong category;
- Please note that the above list is not exhaustive. See the Fairy Chic Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.
Fairy Chic contains content from us, you, and other users. Fairy Chic is protected by copyright laws and international treaties. Content displayed on or via Fairy Chic is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Fairy Chic without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Fairy Chic. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Fairy Chic (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future and on all other sites, services, applications and tools that are part of the global eBay community, such as eBay or our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.
Fairy Chic may at times use third party data suppliers to supplement the information you have provided in an ad. This could include descriptions, product specifications and other content. You may use such information solely in connection with your Fairy Chic ad during the time your ad is on the Fairy Chic site. The information provided may be subject to copyright, trademark and/or other protections. You agree not to remove any such protected information and/or create any derivative works based on the content (other than by including them in your ads).This permission is subject to modification or revocation at any time at Fairy Chic’s sole discretion.
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Fairy Chic by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Fairy Chic.
Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.
We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Fairy Chic comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.
In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.
Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Fairy Chic, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.
If you have a dispute with one or more Fairy Chic users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Third party rights
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
By using Fairy Chic, . You agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.
These terms and the other policies posted on Gumtree constitute the entire agreement between Gumtree and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Gumtree.com Limited must be resolved by the courts of England and Wales. You and Gumtree both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Gumtree both agree to submit to the jurisdiction of the County Court of Wandsworth.
If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Fairy Chic website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.