Please note that Section 11, Disputes with Authentic Detective LLC, 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. *
Our Digital Properties connect people around the world, online and offline, to sell and buy goods from each other. Here’s a guide to help you understand the specific rules that are relevant for you, depending on how you use the Digital Properties:
Both we and sellers process members’ personal information (for example, buyer name, email address, and delivery 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 Digital Properties. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not us, will be responsible for that unauthorized disclosure.
If, however, we and sellers are found to be joint data controllers of buyers’ personal information, and if we are sued, fined, or otherwise incur expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify us for the expenses we incur in connection with your processing of buyer personal information. See Section 9, below, for more information about your indemnification obligations.
You’ll need to create an account with us to use some of our Digital Properties. Here are a few rules about accounts created with us:
Content that you post using our Digital Properties is your content (“Your Content”) and we have no claim to it. Your Content includes, but is not limited to, anything you post using our Digital Properties (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
TERMINATION BY YOU. YOU MAY TERMINATE YOUR ACCOUNT WITH AUTHENTIC DETECTIVE 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 DIGITAL PROPERTIES PRIOR TO TERMINATION. YOU’LL STILL HAVE TO PAY ANY OUTSTANDING BILLS.
Termination By Authentic Detective. We may terminate or suspend your account (and any accounts Authentic Detective determines are related to your account) and your access to the Digital Properties should we have reason to believe you, Your Content, or your use of the Digital Properties violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Digital Properties, for example, to sell or buy on our websites or mobile apps. Generally, Authentic Detective will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Authentic Detective terminate your account, you may lose any information associated with your account, including Your Content.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
You understand that Authentic Detective does not manufacture, store, or inspect any of the items sold through our Digital Properties. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Authentic Detective can't 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 Authentic Detective from any claims related to items sold through our Digital Properties, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
You may come across materials that you find offensive or inappropriate while using our Digital Properties. We make no representations concerning any content posted by users through the Digital Properties. Authentic Detective is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Digital Properties. You release us from all liability relating to that content.
You can use the Digital Properties to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Digital Properties, and you release us from all liability relating to your interactions with other users.
WARRANTIES. YOU UNDERSTAND THAT OUR DIGITAL PROPERTIES 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 DIGITAL PROPERTIES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE DIGITAL PROPERTIES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE DIGITAL PROPERTIES WILL MEET YOUR EXPECTATIONS. YOU USE THE DIGITAL PROPERTIES 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 Authentic Detective, 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 DIGITAL PROPERTIES OR THESE TERMS. IN NO EVENT SHALL Authentic Detective AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID Authentic Detective 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.
You agree to defend Authentic Detective (including any of our employees, agent, directors, officers, or shareholders) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Digital Properties, your breach of the Terms, or you 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.
If you find yourself in a dispute with another user of Authentic Detective Digital Properties or a third party, we encourage you to contact the other party and try to resolve the dispute
The following rules will govern any legal dispute involving our Digital Properties:
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Digital Properties and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Digital Properties. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Digital Properties following the changes constitutes your acceptance of the updated Terms.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Authentic Detective regarding the Digital Properties. 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.
Authentic Detective will not be responsible and will not pay any compensation where we are preventing or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, epidemic, pandemic, IT failure, fire, adverse weather conditions, acts of terrorism, gas, water or other utilities.
We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Authentic Detective is not responsible for misinformation provided to users. Although we aim to be accurate, Authentic Detective is not liable for incorrectly authenticated items, disputes, claims, or chargebacks that may arise from our services.
You represent and warrant that (1) 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 “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions about the Terms, please email us at firstname.lastname@example.org
*In some countries you may have additional rights and/or the preceding may not apply to you.