PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY
BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ETSY, INC. ("ETSY"). THIS
AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE
OF THE WEBSITE AT HTTP://WWW.ETSY.COM (THE "SITE") AND ALL SERVICES PROVIDED
BY ETSY ON THE SITE.
By using the Site in any manner, including but not limited to visiting or
browsing the Site, you (the "user" or "you") agree to be bound by this
Agreement, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. This Agreement applies to
all users of the Site, including without limitation users who are vendors,
customers, merchants, contributors of content, information and other
materials or services on the Site.
If you have any questions, please refer to the
Help section of the Site.
1. Etsy is a Venue
Etsy acts as a venue to allow users who comply with Etsy's policies to offer,
sell and buy certain handmade goods within a fixed-price format. Etsy is not
directly involved in the transaction between buyers and sellers. As a result,
Etsy has no control over the quality, safety, morality or legality of any
aspect of the items listed, the truth or accuracy of the listings, the
ability of sellers to sell items or the ability of buyers to pay for items.
Etsy does not pre-screen users or the content or information provided by
users. Etsy cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Etsy does not transfer legal ownership of items from the seller to the buyer.
Etsy cannot guarantee the true identity, age, and nationality of a user. Etsy
encourages you to communicate directly with potential transaction partners
through the tools available on the Site. You may also wish to consider using
a third-party escrow service or services that provide additional user verification.
You agree that Etsy is a venue and as such is not responsible or liable for
any content, for example, data, text, information, usernames, graphics,
images, photographs, profiles, audio, video, items, and links posted by
you, other users, or outside parties on Etsy. You use the Etsy service at your own risk.
2. Membership Eligibility
Age: Etsy's services are available only to, and may only be
used by, individuals who are 18 years and older who can form legally binding
contracts under applicable law. You represent and warrant that you are at
least 18 years old and that all registration information you submit is
accurate and truthful. Etsy may, in its sole discretion, refuse to offer
access to or use of the Site to any person or entity and change its
eligibility criteria at any time. This provision is void where prohibited
by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Etsy's services only in
conjunction with and under the supervision of a parent or legal guardian who
is at least 18 years of age. In this all cases, the adult is the user and is
responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding
online conduct and acceptable content. You are responsible for all applicable
taxes. In addition, you must abide by Etsy's policies as stated in the
Agreement and the Etsy policy documents listed below (if applicable to your
activities on or use of the Site) as well as all other operating rules,
policies and procedures that may be published from time to time on the Site
by Etsy, each of which is incorporated herein by reference and each of which
may be updated by Etsy from time to time without notice to you:
In addition, some services offered through the Site may be subject to
additional terms and conditions promulgated by Etsy from time to time; your
use of such services is subject to those additional terms and conditions,
which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible
for all activity, liability and damage resulting from your failure to
maintain password confidentiality. You agree to immediately notify Etsy of
any unauthorized use of your password or any breach of security. You also
agree that Etsy cannot and will not be liable for any loss or damage arising
from your failure to keep your password secure. You agree not to provide
your username and password information in combination to any other party
other than Etsy without Etsy's express written permission.
Account Information: You must keep your account information
up-to-date and accurate at all times, including a valid email address. To
sell items on Etsy you must provide and maintain valid payment information
such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Etsy
account and User ID to another party. If you are registering as a business
entity, you personally guarantee that you have the authority to bind the
entity to this Agreement.
Right to Refuse Service: Etsy's services are not available
to temporarily or indefinitely suspended Etsy members. Etsy reserves the
right, in Etsy's sole discretion, to cancel unconfirmed or inactive accounts.
Etsy reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
Joining and setting up a shop on Etsy is free. Etsy charges fees for listing
an item for sale, as well as a percentage of the sale price when the item
sells. When you list an item you have an opportunity to review and accept
the fees that you will be charged. Etsy's
Fees Policy,
which is subject to change, is incorporated into this Agreement by reference.
Changes to the Fees Policy and the fees for Etsy's services are effective
after Etsy provides you with at least fourteen (14) days' notice by posting
the changes on the Site. However, Etsy may choose to temporarily change the
Fees Policy and
the fees for Etsy's services for promotional events (for example, free
listing days); such changes are effective when Etsy posts the temporary
promotional event on the Site. Etsy may, at Etsy's sole discretion, change
some or all of Etsy's services at any time. In the event Etsy introduces a
new service, the fees for that service are effective at the launch of the
service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
You are responsible for paying all fees and applicable taxes associated with
using Etsy. Etsy keeps accepted payment information on file. At the
beginning of the month, each seller is emailed an invoice detailing the
amount due. A seller must pay the amount due in full within 15 days of the
date of the invoice.
Fees and Termination: If Etsy terminates a listing or your
account, if you close your account, or if the payment of your Etsy fees
cannot be completed for any reason, you remain obligated to pay Etsy for all
unpaid fees plus any penalties, if applicable. If the seller's account is
not paid in full and becomes past due, the seller risks penalties such as
the suspension of privileges and/or termination of the account and other
collection mechanisms (including retaining collection agencies and legal
counsel). If you have a question or wish to dispute a charge,
contact Etsy.
4. Listing and Selling
Listing Description: By listing an item on the Site you
warrant that you and all aspects of the item comply with Etsy's published
policies. You also warrant that you may legally sell the item. You must
accurately describe your item and all terms of sale in your Etsy shop. Your
listings may only include text descriptions, graphics, pictures and other
content relevant to the sale of that item. All items must be listed in an
appropriate category with appropriate tags. Each listing must accurately and
completely describe the item/items for sale in that listing. If the "in stock"
quantity is more than one, all items in that listing must be identical. Each
unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies
for their Etsy shop. These policies may include, for example, shipping,
returns, payment and selling policies. Sellers must create reasonable
policies in good faith and must abide by such policies. All shop policies
must comply with Etsy's site-wide policies. Sellers are responsible for
enforcing their own reasonable shop policies. Etsy reserves the right to
request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated
to ship the order or otherwise complete the transaction with the buyer in a
prompt manner, unless there is an exceptional circumstance, such as: (a) the
buyer fails to meet the terms of the seller's listing (such as payment method),
or (b) the seller cannot authenticate the buyer's identity. The buyer is
obligated to deliver appropriate payment for items purchased, unless there
is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing
description must be an accurate representation of the sale. Sellers may
charge reasonable shipping and handling fees to cover the costs for
packaging and mailing the items. Sellers may not charge excessive shipping
fees or otherwise avoid fees. You may not alter the item's price after a
sale for the purpose of avoiding Etsy transaction fees, misrepresent the
item's location, or use another user's account without permission.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding
to Etsy and any and all data, text, information, usernames, graphics, images,
photographs, profiles, audio, video, items, and links (together, "Content")
that you submit, post, and display on Etsy.
Restricted Activities: Your Content and your use of Etsy shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party's copyright, patent, trademark, trade
secret or other proprietary or intellectual property rights or rights of
publicity or privacy (see also, Etsy's
Copyright
and Intellectual Property Policy)
Violate this Agreement,
The DOs & DON'Ts of Etsy, any site policy or community guidelines, or
any applicable law, statute, ordinance or regulation (including, but not
limited to, those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising)
Be defamatory, trade libelous, unlawfully threatening, unlawfully
harassing, impersonate or intimidate any person (including Etsy staff or
other users), or falsely state or otherwise misrepresent your
affiliation with any person, through for example, the use of similar
email address, nicknames, or creation of false account(s) or any other
method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or personal information
Host images not part of a listing
Modify, adapt or hack Etsy or modify another website so as to falsely
imply that it is associated with Etsy;
Appear to create liability for Etsy or cause Etsy to lose (in whole or
in part) the services of Etsy's ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods
or services that are prohibited under this Agreement, the
Privacy Policy,
The DOs &
DON'Ts of Etsy, or other policy documents as posted on Etsy.
Furthermore, you may not list any item on Etsy (or consummate any transaction
that was initiated using Etsy's service) that, by paying to Etsy the listing
fee or the final value fee, could cause Etsy to violate any applicable law,
statute, ordinance or regulation, or that violates the Terms of Use.
6. Content
License: Etsy does not claim ownership rights in your
Content. You grant Etsy a license solely to enable Etsy to use any
information or Content you supply Etsy with, so that Etsy is not violating
any rights you might have in that Content. You grant Etsy a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in the Content, in any media now known
or not currently known, with respect to your Content. You agree to allow
Etsy to store or re-format your Content on Etsy and display your Content on
Etsy in any way as Etsy chooses. Etsy will only use personal information in
accordance with Etsy's
Privacy Policy.
As part of a transaction, you may obtain personal information, including email
address and shipping information, from another Etsy user. Without obtaining
prior permission from the other user, this personal information shall only
be used for that transaction or for Etsy-related communications. Etsy has
not granted you a license to use the information for unsolicited commercial
messages. Without limiting the foregoing, without express consent from the
user, you are not licensed to add any Etsy user to your email or physical
mail list. For more information, see Etsy's
Privacy Policy.
Re-Posting Content: By posting Content on Etsy, it is
possible for an outside website or a third party to re-post that Content.
You agree to hold Etsy harmless for any dispute concerning this use. If you
choose to display your own Etsy-hosted image on another website, the image
must provide a link back to its listing page on Etsy.
Idea Submissions: Etsy considers any unsolicited suggestions,
ideas, proposals or other material submitted to it by users via the Site or
otherwise (other than the Content and the tangible items sold on the Site by
users) (collectively, the "Material") to be non-confidential and
non-proprietary, and Etsy shall not be liable for the disclosure or use of
such Material. If, at Etsy's request, any member sends Material to improve
the site (for example through the Forums or to customer support), Etsy will
also consider that Material to be non-confidential and non-proprietary and
Etsy will not be liable for use or disclosure of the Material. Any
communication by you to Etsy is subject to this Agreement. You hereby grant
and agree to grant Etsy, under all of your rights in the Material, a
worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid,
sublicensable and transferable right and license to incorporate, use, publish
and exploit such Material for any purpose whatsoever, commercial or
otherwise, including but not limited to incorporating it in the API,
documentation, or any product or service, without compensation or accounting
to you and without further recourse by you.
7. Information Control
Etsy does not control the Content provided by users that is made available on
Etsy. You may find some Content to be offensive, harmful, inaccurate, or
deceptive. There are also risks of dealing with underage persons or people
acting under false pretense.
Additionally, there may also be risks dealing with international trade and
foreign nationals. By using Etsy, you agree to accept such risks and that
Etsy (and Etsy's officers, directors, agents, subsidiaries, joint ventures
and employees) is not responsible for any and all acts or omissions of users
on Etsy. Please use caution, common sense, and practice safe buying and
selling when using Etsy.
Other Resources: Etsy is not responsible for the availability
of outside websites or resources linked to or referenced on the Site. Etsy
does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such websites
or resources. You agree that Etsy shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content,
goods or services available on or through any such websites or resources.
8. Meetings
Users may arrange and attend online virtual meetings or in-person meetings
("Meetings") with one or more individuals. Users are solely responsible for
interactions with others. Users must comply with Etsy's policies and
acknowledge and agree to comply with the laws of the city, county and
country in which the Meeting occurs. Additional eligibility requirements for
a particular group or Meeting may be set by the group's contact person. Etsy
is not involved with user generated groups, the groups' requirements, or the Meetings.
Etsy does not supervise or control the Meetings, user-initiated online or
offline gatherings, or the interactions among and between users and other
persons or companies. Users are solely responsible for interactions with
others. Users understand that Etsy does not in any way screen its users. All
users agree to
exercise
caution and good judgment in all interactions with others,
particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on Etsy may
require or request that users pay fees in order to be a member of the group,
participate in a promotion, or participate in Meetings. ETSY IS NOT INVOLVED
IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT
GO TO ETSY; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY ETSY,
AND ETSY HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS,
THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU
ACKNOWLEDGE AND AGREE THAT ETSY IS NEITHER INVOLVED NOR A PARTY IN ANY
PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS,
ETSY USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND
THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS.
Users should use common sense and be careful in deciding whether to contribute money.
9. Resolution of Disputes and Release
In the event a dispute arises between you and Etsy, please
contact Etsy.
Any dispute arising from or relating to the subject matter of this Agreement
shall be finally settled by arbitration in New York County, New York, using
the English language in accordance with the Arbitration Rules and Procedures
of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect,
by one commercial arbitrator with substantial experience in resolving
intellectual property and commercial contract disputes, who shall be selected
from the appropriate list of JAMS arbitrators in accordance with the
Arbitration Rules and Procedures of JAMS. The prevailing party in any
arbitration or other proceeding arising under this Agreement shall be
entitled to receive reimbursement of its reasonable expenses (including
reasonable attorneys' fees, expert witness fees and all other expenses)
incurred in connection therewith. Judgment upon the award so rendered may
be entered in a court having jurisdiction or application may be made to such
court for judicial acceptance of any award and an order of enforcement, as
the case may be. Notwithstanding the foregoing, each party shall have the
right to institute an action in a court of proper jurisdiction for injunctive
or other equitable relief pending a final decision by the arbitrator. For
all purposes of this Agreement, the parties consent to exclusive jurisdiction
and venue in the United States Federal Courts or state courts located in the
Southern District of New York. Use of the Site is not authorized in any
jurisdiction that does not give effect to all provisions of the Agreement,
including without limitation, this section. You and Etsy agree that any
cause of action arising out of or related to the Site (including, but not
limited to, any services provided or made available therein) or this Agreement
must commence within one (1) year after the cause of action arose; otherwise,
such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you
release Etsy (and Etsy's 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 and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes. Etsy encourages users to report user-to-user
disputes to your local law enforcement, postmaster general, or a certified
mediation or arbitration entity, as applicable.
Etsy, for the benefit of users, may try to help users resolve disputes. Etsy
does so in Etsy's sole discretion, and Etsy has no obligation to resolve
disputes between users or between users and outside parties. To the extent
that Etsy attempts to resolve a dispute, Etsy will do so in good faith based
solely on Etsy's policies. Etsy will not make judgments regarding legal
issues or claims.
10. Etsy's Intellectual Property
ETSY, and other Etsy graphics, logos, designs, page headers, button icons,
scripts, and service names are registered trademarks, trademarks or trade
dress of Etsy, Inc. in the U.S. and/or other countries. Etsy's trademarks
and trade dress may not be used, including as part of trademarks and/or as
part of domain names or email addresses, in connection with any product or
service in any manner that is likely to cause confusion.
11. Access and Interference
Etsy may contain robot exclusion headers which contain internal rules for
software usage. Much of the information on Etsy is updated on a real-time
basis and is proprietary or is licensed to Etsy by Etsy's users or
third-parties. You agree that you will not use any robot, spider, scraper or
other automated means to access Etsy for any purpose whatsoever, except to
the extent expressly permitted by and incompliance with Etsy's
API
Terms of Use or otherwise without Etsy's prior express written
permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in Etsy's sole discretion, an
unreasonable or disproportionately large load on Etsy's infrastructure
Copy, reproduce, modify, create derivative works from, distribute or
publicly display any user Content (except for your Content) or other
allowed uses as set out in
The DOs &
DON'Ts of Etsy from the Site except to the extent expressly
permitted by and in compliance with Etsy's
API
Terms of Use or otherwise without the prior express written
permission of Etsy and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or
any activities conducted on the Site
Bypass Etsy's robot exclusion headers or other measures Etsy may use to
prevent or restrict access to Etsy
12. Breach
Without limiting any other remedies, Etsy may, without notice, and without
refunding any fees, delay or immediately remove Content, warn Etsy's
community of a user's actions, issue a warning to a user, temporarily
suspend a user, temporarily or indefinitely suspend a user's account
privileges, terminate a user's account, prohibit access to the Site, and
take technical and legal steps to keep a user off the Site and refuse to
provide services to a user if any of the following apply:
Etsy suspects (by information, investigation, conviction, settlement,
insurance or escrow investigation, or otherwise) a user has breached this
Agreement, the
Privacy Policy, The
DOs & DON'Ts of Etsy, or other policy documents and community guidelines
incorporated herein; Etsy is unable to verify or authenticate any of your
personal information or Content; or Etsy believes that a user is acting
inconsistently with the letter or spirit of Etsy's policies, has engaged in
improper or fraudulent activity in connection with Etsy or the actions may
cause legal liability or financial loss to Etsy's users or to Etsy.
13. Privacy
Except as provided in Etsy's Privacy Policy Etsy will not sell or disclose your
personal information (as defined in the
Privacy Policy)
to third parties without your explicit consent. Etsy stores and processes
Content on computers located in the United States that are protected by
physical as well as technological security.
14. No Warranty
ETSY, ETSY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ETSY'S
SUPPLIERS PROVIDE ETSY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ETSY, ETSY'S
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ETSY'S SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN
ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM
ETSY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL ETSY, AND (AS APPLICABLE) ETSY'S SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES OR ETSY'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL,
AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR
ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ETSY'S SERVICES, OR THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY,
EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ETSY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ETSY'S SUBSIDIARIES,
OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU
PAY TO ETSY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY,
AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
16. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD ETSY AND (AS APPLICABLE) ETSY'S PARENT,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES,
HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES,
MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION
OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guaranty
Etsy does not guarantee continuous, uninterrupted access to the Site, and
operation of the Site may be interfered with by numerous factors outside
Etsy's control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and any
Etsy service and, if applicable, your listing, purchase, solicitation of
offers to purchase, and sale of items. In addition, you shall be
responsible for paying any and all taxes applicable to any purchases or
sales of items you make on the Site (excluding any taxes on Etsy's net income).
19. Severability
If any provision of this Agreement is held unenforceable, then such provision
will be modified to reflect the parties' intention. All remaining provisions
of this Agreement shall remain in full force and effect.
20. No Agency
You and Etsy are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
21. Etsy Service
Etsy reserves the right to modify or terminate the Etsy service for any
reason, without notice, at any time. Etsy reserves the right to alter
these Terms of Use or other Site policies at any time, so please review
the policies frequently. If Etsy makes a material change Etsy will notify
you here, by email, by means of a notice on our home page, or other places
Etsy deems appropriate. What constitutes a "material change" will be
determined at Etsy's sole discretion, in good faith, and using common
sense and reasonable judgment.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and
by the laws of the State of New York, excluding its conflicts of laws rules,
and the United States of America.
23. Survival
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License),
7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of
Dispute and Release), 10 (Etsy's Intellectual Property), 11 (Access and
Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15
(Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability),
20 (No Agency), 22 (Choice of Law) shall survive any termination or
expiration of this Agreement.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by postal
mail to Etsy; Attn: Legal Department; 55 Washington Street; Suite 512;
Brooklyn, NY 11201 (in the case of Etsy) or, in your case, to the email
address you provide to Etsy (either during the registration process or when
your email address changes). Notice shall be deemed given 24 hours after
email is sent, unless the sending party is notified that the email address
is invalid. Alternatively, Etsy may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to
Etsy. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Etsy Inc., located at 55 Washington
Street; Suite 512; Brooklyn, NY 11201. If you are a New York resident, you
may have this same information emailed to you by sending a letter to the
foregoing address with your email address and a request for this information.
