Terms of Use

Last updated on: August 5, 2022

Welcome to socialfair.com. SocialFair, Inc. and its parent, subsidiary and affiliated entities (individually and collectively, “socialfair”, “Company” or “We”) provide or may provide websites, applications, features, platforms, stores or other products and services (individually and collectively, the “Site”) for use, and these Terms of Use apply to all visitors, users, and others who access the Site (“Users” and/or “you”). These Terms of Use explain the terms by which you may use our Site and our services. By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms of Use”), whether or not you have registered to create an account. These Terms of Use and our Privacy Policy create the terms of your and our agreement whenever you use the Site, whenever you use the Site to access your Brand portal or Creator portal (if applicable) and/or when you choose to purchase products through this Site.

Please read these Terms of Use carefully before you start to use this Site. By accessing or using this Site and/or purchasing products through our Site, you agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use this Site.

We do and may in the future offer various services and features through our Site, and sometimes additional or different terms may apply to such other services or features (“Other Service Terms”). If these Terms of Use are inconsistent with the Other Service Terms, those Other Service Terms will control to the extent of a conflict with respect to the applicable services or features of our Site.

Not Intended for Children Under the Age of 13. If you are not at least 13 years old, do not use this Site. If you are between the ages of 13 and 18, we rely on your confirmation to us, at the time of checkout, that if you are using this Site or purchasing products through this Site that you have the permission of a parent or guardian to do so, and if you do not then do not use this Site or purchase products on this Site.

Geographic Restrictions. We are based in Temecula, California, in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes and Updates. We reserve the right to amend these Terms of Use and our Privacy Policy at any time and without prior notice. If we do this, we will post the amended Terms of Use and/or Privacy Policy and indicate at the top of the Terms of Use or the Privacy Policy, as the case may be, the date such was last revised. Your continued use of this Site after any such changes are made means your acceptance of the new Terms of Use and Privacy Policy. If you do not agree to any changes or additions to these Terms of Use, do not continue to use or access this Site.

Accessing this Site and Account Security. We reserve the right to withdraw or amend any material we provide on this Site in our sole discretion. We will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Site, or the entire Site, to users, including any registered users.

If you register for an account, you will be asked to provide to us certain personal information at the point of collection and to create a password (see our Privacy Policy for more information). If you think someone else has compromised your account or taken your password without permission, please alert us immediately at info@socialfair.com. If we think you or someone else is using this Site or your account in a way not allowed by these Terms of Use, we have the right to disable your account or other credentials you set up at any time.

Use of Your Account. You are responsible for all activity on the Site from your account and through the use of your credentials. Be sure to sign out and exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. To the fullest extent allowed by law, you are responsible and liable for any security breaches that occur with respect to the Site as a result of your account and/or use of your access credentials, or through malicious code embedded in any content that you post on this Site.

ORDERS

  • Products: Creators, brands, and other socialfair partners decide what products appearing in content on the Site will be “shoppable”. Not all products will be shoppable through this Site, and while you may see a product featured in content on one day, the provider of the content may subsequently decide to make the item “unshoppable” through the Site. We do not control how creators, brands and/or other partners decide what items they will make (or remove) from the “shoppable” feature for content you view on the Site.
  • Shopping bags. When you shop on our Site, you can use a shopping bag to keep track of the items you have selected until you are done shopping. When you are done shopping, you may be able to purchase items that are either (i) directly processed by socialfair (“Drop Ship Sales”), where you will be able to review and confirm your choices, your shipping address, how you are paying for your items, and the sizes you need through the socialfair Platform or (ii) processed by a brand or retailer, where you will be redirected from the socialfair Site to the brand or retailer site/platform to complete your purchase (“Affiliate Sales”) in accordance with the terms and conditions of such third party site. We will clearly identify which items in your shopping bag will be Drop Ship Sales or Affiliate Sales. We have no control over those sites and how they manage and process your shopping and purchasing experience, which will be governed by their own site policies as further described in Affiliate Disclosures.
  • How to order. You will need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Site, which includes adding items to your shopping bag and submitting your order.

When you submit an order for Drop Ship Sales, we will send you an email acknowledging receipt of your order and confirmation of that order prior to shipment of the products. Our acceptance of the order takes place when the products you purchased are shipped to you for Drop Ship Sale, we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, the Order Confirmation will confirm the terms of sale and constitutes a contract for such sale that is binding on you and us. We recommend that you print or download a copy of the Order Confirmation for future reference. If we are unable to supply you with a product for which you submitted an order, we will inform you of this via email and will not process the order for that item.

When you check out, the data is transmitted to our third party payment processing company (at present, we use Stripe and PLAID). These third party services directly collect your payment information on our behalf and may verify your address or check for fraud. We run partly automated checks on all purchases to filter out unusual transactions and those susceptible to fraud. You can find the available payment methods in the FAQ section of the Site. Please do not try to pay by any way other than as specified there. If you use other means of payment (such as ApplePay or PayPal), you will be entering your information into those third parties’ sites, and you should review those providers’ terms of use and privacy policies which will apply to those transactions.

  • Fulfillment. Fulfillment of all orders for any Drop Ship Sales on the socialfair Platform is subject to availability through our partner brands. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel an order by email notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the order we cancelled:
    • The product is not available / in stock;
    • Your billing information is not correct or not verifiable;
    • Your order is flagged up by our systems as an unusual order or an order susceptible to fraud;
    • We believe you are under the legal age;
    • We believe that you are a reseller;
    • There was an error in the price displayed on the socialfair Platform;
    • We could not deliver the product to the address provided by you;
    • You attempt to ship to an international address;
    • Due to a Force Majeure Event (i.e., an event outside of our control);
    • In the event of misspelling, pricing or other errors or mistakes in the socialfair Platform information.
    • If any item you select is not in stock for Drop Ship Sales, you will be able to provide your email address allowing us to send you updates to let you know that such item is available. This notice will be sent to the email you give us on the product pages.
    • If you are redirected by this Site to purchase a product as an Affiliate Sale directly from the website of a brand or retailer, please review the terms of use and privacy policies of those sites before you check out and purchase such products. We have no control over those sites and how they manage and process your shopping and purchasing experience, which will be governed by their own site policies.
  • Pricing and Product Errors/Corrections: We endeavor to present current, accurate, and reliable information regarding the products sold on the Site. However, on occasion, the Site may contain typographical errors, inaccuracies, or omissions that may be related to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update product information at any time without prior notice (including after you submit your order). If a product is listed at an incorrect price due to an error on this Site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your payment has been processed and/or charged. If you have already been charged for the purchase and your order is then cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.
  • Not for Resale. You are expressly prohibited from using this Site to purchase any Product for purposes of resale by you or any other person, and we expressly disclaim all warranty for claims for damages or otherwise, including all indirect or consequential damages resulting from your intent to, attempt to, or actual resell any Product purchased from the Site.
  • Problems. If there is problem with the information you give us when you check out for Drop Ship Sales, we will try to reach you through the email address that you provided.
  • Fraud. If there is any concern about fraud or credit, we will let you know if we are allowed to do so by law. We may be required by law to first report the problem to law enforcement officials. We use a third party vendor to detect fraud.
  • Your Money. When you check out and provide your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account or your payment.

Returning Products. All sale returns are governed by the applicable brand or retailer return policies. Please review those sites directly for their return and cancellation policies before you check out and purchase such products. We have no control over those sites and how they manage and process returns of products, which will be governed by their own site policies. No returns will be accepted for any reason after 30 days from the date of purchase.

Prices and Taxes. We may change the prices of our products from time to time. Different locations require us to charge and collect sales tax at the time of check out. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

Shipping Choices and Costs. When you check out, you will receive FREE standard delivery for Drop Ship Sales from brands and retailers, provided that the minimum total order for each applicable brand is US$100.00 (otherwise, you will be charged a flat shipping fee at check out for any brand products that do not satisfy that minimum requirement). Brands and retailers typically do not ship on certain public holidays, Saturday, or Sunday. Orders placed for Drop Ship Sales on our platform could be fulfilled by multiple brands and retailers and may result in split shipments or multiple shipments. Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment. If you have any questions or concerns please email us at info@socialfair.com.

For Site Visitors and Shoppers: For Your Personal Use Only. You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features that permit sharing content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Use any photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, we have the right to immediately terminate your right to use the Site, and at our direction, you will be required to immediately return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us and/or our licensors. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Please see our Copyright Policy for more information.

Trademarks and Other Proprietary Rights

Our company name, the terms “socialfair”, “SocialFair”, “social fair”, and all reasonable derivatives, and the like, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks. You are prohibited from using our trademarks without our prior written permission. This Site and its entire contents, the products, trademarks, marks, service marks, displays, images, video and audio, content and the design, selection, and arrangement thereof, as well as as well as any technology, know-how, trade secrets, copyrights and other intellectual property related to this Site and its tools and other functionality (collectively and individually, the “Materials”), are owned by socialfair, its licensors (including creators and brands) or other providers of such Material and are protected by United States and international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. You promise and agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any such Materials. Use of the Materials for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

Use of Our Site; Prohibited Uses

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or any other tool or malicious code that would disrupt our Site or attempt to compromise other users and other accounts.

You agree that you will not use any means with respect to the Site including any automatic or electronic means, to obtain or access any information, data or materials provided by any other Users.

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the User Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, one of our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site, or expose us or them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

User Contributions

You may be invited and/or permitted, whether as a Creator, Brand, or User, to post content on this Site (collectively, “User Contributions“).

All User Contributions must comply with the User Content Standards set out in these Terms of Use.

Without limiting the terms of your Brand Marketplace Agreement, Creator Marketplace Agreement or Content Provider Agreement with us (if applicable), any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you hereby grant us and our affiliates, and each of their and our respective successors, and assigns the right to use, reproduce, modify, alter, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose without attribution to you and without compensation to you (except as may expressly be provided in your Brand or Creator Agreement with us, if applicable), including the right to make your User Contributions “shoppable” by incorporating and integrating product connections for products that appear in such User Contributions to activate such shoppable features in such User Contributions. You further agree, warrant and covenant that if any of your User Contributions include the names, images or recordings of any third party, (i) you have all required consents and permissions to allow us to include the same, (ii) no such person is a minor for whom you are not the custodial parent or legal guardian (or you have secured the consent from the custodial parent or legal guardian), and (iii) your User Contribution is either owned by you or you have the right to sublicense the same to us as herein provided. Without limiting the foregoing, you represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, and each of their and our respective successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Suspend, remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU HEREBY WAIVE AND HOLD HARMLESS US, OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake a review of all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. To the fullest extent allowed by law, we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

User Content Standards

These content standards apply to any and all User Contributions, including those posted by Brands and/or Creators or anyone on their behalf. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Contain viruses, programs, or other computer code.

Use any data mining, robots, scraping or similar data gathering tools.

Collect or solicit personal information.

Use any automated technology to interact with the platform.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of individuals or entities that repeatedly infringe the copyrights of third parties.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, including without limitation the features and performance of any products you may see in any Creator- and/or Brand-posted content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Any claims relating to products you purchase through the Site must be addressed with the Brand and/or affiliate network or retailer from which you purchased the Product.

This Site includes content provided by Brands, Creators, and other Users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

You may choose to submit to us comments or suggestions about the Site, our services and products sold through or initiated at the socialfair Platform. By submitting a comment or suggestion, you understand and agree that we have the unlimited right to use those comments or suggestions for any purpose, without any compensation or attribution to you.

Linking to the Site and Social Media Features For Creators, Brands, Affiliate Networks and Retailers:

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.

Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites or platforms.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Site other than the homepage.

Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website or platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. If you have any doubt, PLEASE do not link to this Site.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Site

This Site contains links and connections to other sites and resources provided by third parties. These links and/or connections are provided for your convenience only. This includes connections that allow you to purchase products outside of the socialfair Platform by linking you to third party sites of a brand or retailer, of a third party social media platform or otherwise. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or platforms linked or connected to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and platforms as described further in our Affiliate Disclosures and Third Party Website and Platform Disclosures.

Third Party Sites. If you link to another website or platform from this Site for any other goods or services, or if you come to this Site from a third party site or platform, you understand that these Terms of Use and our Privacy Policy do not apply to your use of those other sites. You expressly relieve socialfair from any and all liability arising from your use of any third-party website, platform or services.

Security. We have implemented reasonable technical, security and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. For more information, see our Privacy Policy. Notwithstanding these reasonable measures, we cannot guarantee that someone will not be able to access your information without our or your permission. It is your choice whether or not to provide information to us through this Site.

Third-party Service Provider. When you proceed to checkout, your information will be transmitted to our third party payment processor (at present, Stripe for customers and PLAID.com for creators, brands, brand, affiliate network and retailer). We also have a third party that monitors our ecommerce transactions to detect fraud. See our Privacy Policy for more information about our third party providers.

Indemnity. To the fullest extent allowed by law, you agree to defend, indemnify and hold harmless socialfair and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs. debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use, including without limitation; (iii) your violation of any third-party right, including without limitation any right of privacy, intellectual property rights or any contractual or proprietary rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or data that are submitted via your account; or (vi) any other party’s access and use of the Site with your unique username, password or other appropriate security code.

Disclaimers and Limitation of Liability THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SOCIALFAIR, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THIS WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE THAT (I) WE DO NOT MANUFACTURE ANY OF THE PRODUCTS YOU MAY PURCHASE THROUGH THIS WEBSITE, AND (II) WE DO NOT PRODUCE THE CREATOR AND/OR BRAND CONTENT APPEARING ON THIS WEBSITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS; WE DO NOT ENDORSE ANY PRODUCTS YOU SEE FEATURED IN ANY CONTENT APPEARING ON THIS SITE. IF YOU HAVE ANY CLAIMS REGARDING PRODUCTS YOU PURCHASE THROUGH THIS SITE, YOU MUST PURSUE THOSE CLAIMS AGAINST THE BRAND OR AFFILIATE NETWORK OR RETAILER. TO THE FULLEST EXTENT ALLOWED BY LAW WE EXPRESSLY DISCLAIM ALL PRODUCT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIALFAIR, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR ITS LICENSORS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT ARISE FROM OR RELATE TO THE TERMS OF USE, THIS WEBSITE OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SOCIALFAIR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOCIALFAIR AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT, MATERIALS, DATA OR INFORMATION; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, INFORMATION OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT, DATA OR INFORMATION POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

EXCEPT AS PROVIDED OTHERWISE IN YOUR BRAND OR CREATOR AGREEMENT, IF APPLICABLE, IN NO EVENT SHALL SOCIALFAIR AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS OR OUR LICENSORS, SUPPLIERS OR VENDORS BE LIABLE TO ANY USER IN THE AGGREGATE FOR ANY AND ALL CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS ARISING OUT OF OR RELATING TO THE TERMS OF USE, OUR SERVICES OR THIS WEBSITE IN AN AMOUNT EXCEEDING $100.

THESE LIMITATIONS OF LIABILITY APPLY WHETHER THE CLAIM OR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SOCIALFAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Governing Law. These Terms of Use shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles.

Arbitration; No Class Action. To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

For Brands and Creators, please refer to your Brand Marketplace Agreement, Creator Marketplace Agreement or Content Provider Agreement, as applicable, for the applicable arbitration process.

For Site visitors, users and shoppers:

You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. This includes all disputes regarding any current, past of future purchase or event, between you and us regarding our products, this Agreement or this Site, and whether the claims is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis. We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, the Privacy Policy or the formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of this Agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury.

If you or we have a dispute with the other or this Site or our Agreement, notice must first be sent to the other party, including:

name, address, and contact information of the party giving the notice

the facts that are the basis of the dispute

the remedy sought (e.g. a refund).

For notices to us regarding a dispute, they must be emailed to: info@socialfair.com

with a copy mailed to SocialFair, Inc., 32120 Temecula Pkwy #1052, Temecula, CA 92592, Attn: Legal Department.

If we have a claim against you, we will notify you by the contact information you have provided to us.

We and you will then use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in Los Angeles, California, or if you and we agree, remotely.

Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Notification Procedures. Other than for disputes, socialfair may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by socialfair in our sole discretion. socialfair reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use and our Privacy Policy.

Entire Agreement; Severability; No Waiver. These Terms of Use, the Privacy Policy, where applicable, your Brand Marketplace Agreement, Creator Marketplace Agreement or Content Provider Agreement with us, and your agreement to pay for the products you buy through this Site create the entire agreement with respect to your use of this Site and the products you buy through this Site. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction or by an arbitrator, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and socialfair’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Your Comments and Concerns. This website is owned and managed by socialfair. All feedback, comments, requests for technical support and other communications relating to this Site or our products can be sent to us at info@socialfair.com