Terms and Conditions

Terms of Use

Welcome to Kalyn’s Finds. We’re so glad you’re visiting, before getting to know eachother better, here are our house rules.

1. Accepting these Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and Kalyn’s Finds.

This contract sets out your rights and responsibilities when you use kalynadams.com or kalyn’s finds and the services provided by Kalyn’s Finds, so please read it carefully. By using any of our Services (even just browsing our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!

2. Those Other Documents We Mentioned

Kalyn’s Finds Services connect people around the world, both online and offline, to buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please take the time to read it.

4. Your Account with Kalyn’s Finds

You’ll need to create an account with Kalyn’s Finds to use our Services. Here are a few rules about accounts with Kalyn’s Finds :

  1. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
  2. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
  3. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.
  4. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
  5. 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.
  6. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Kalyn’s Finds.

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. Don’t Use Our Services to Break the Law. 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. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Kalyn’s Finds, another Kalyn’s Finds user or a third party.
  • B. Pay Your Bills. You are responsible for paying all fees that you owe to Kalyn’s Finds. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  • C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.
  • D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • E. Follow Our Trademark Policy. The names “Kalyn’s Finds”, and the other Kalyn’s Finds marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Kalyn’s Finds in the U.S. and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.
  • F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Kalyn’s Finds (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  • G. Talk to Us Online. Kalyn’s Finds will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

6. Termination

Termination By You. We hate to see you go, but you may terminate your account with Etsy at any time from your account settings. You can find more information in this Help article. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.

Termination By Etsy. 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. Etsy may refuse service to anyone, at any time, for any reason.

If you or Etsy terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Etsy 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.

Survival. 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 (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Kalyn’s Finds does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; so Kalyn’s Finds 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 Kalyn’s Finds from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

Content You Access. 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. Kalyn’s Finds 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.

People You Interact With. 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.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Kalyn’s Finds is not a party to those agreements; they are solely between you and the third party.

Warranties. Kalyn’s Finds 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 Kalyn’s Finds, 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 Kalyn’s Finds’ aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Kalyn’s Finds in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

8. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Kalyn’s Finds gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Kalyn’s Finds (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.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

9. Disputes with Other Users

If you find yourself in a dispute with another user of Kalyn’s Finds Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our Case System. You can find details about the Case System in this Help article. Kalyn’s Finds may 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. Kalyn’s Finds has no obligation to resolve any disputes.

Release of Kalyn’s Finds. You release Kalyn’s Finds from any claims, demands and damages arising out of disputes with other users or parties.

10. Disputes with Kalyn’s Finds

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

  1. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
  2. Arbitration. You and Kalyn’s Finds agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Kalyn’s Finds are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  3. Forum. We’re based in Brooklyn, New York, so any legal action against Kalyn’s Finds related to our Services must be filed and take place in Brooklyn. That means the seat of any arbitration shall be Brooklyn. For any actions not subject to arbitration, you and Kalyn’s Finds agree to submit to the personal jurisdiction of a state court located in Kings County, New York or the United States District Court for the Eastern District of New York. (If you do happen to visit, don’t leave town before taking in the view from the Brooklyn Bridge and grabbing a slice of New York-style pizza.)

If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.

11. 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.

12. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Kalyn’s Finds regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

13. Contact Information

If you have any questions about the Terms, please email us at: finds@kalynadams.com

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