Terms of Service
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
For purposes of this TOS, "you" shall mean either you as an individual or the entity or person on whose behalf you are accepting this TOS. You represent that you are authorized to accept this TOS.
Modifications to the Services
We are constantly trying to improve the Services, so this TOS may need to change along with the Services. Accordingly, Chairish reserves the right to change or modify the Services (including any Memberships described below), any of the terms and conditions contained in this TOS and/or Membership Agreement, or any policy governing the Services at any time, including the commission or payment structure for any listing that has not expired.
You are responsible for regularly reviewing any updates to this TOS at https://support.decaso.com/hc/en-us/articles/115008039348. If you do not agree with the new TOS, you are free to reject it; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the TOS is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this TOS will be effective unless in writing and signed by both you and us.
Use of the Services
As a condition of using the Services you represent and warrant that you are at least sixteen (16) years of age. You may use the Services in one or both of the following capacities: (i) an individual, interior designer, architect, artisan, dealer or brand who wishes to list Goods for sale or to display portfolios of your work on Chairish’s Services (collectively, "Sellers"), or (b) an individual who wishes to purchase Goods via the Services (collectively, "Buyers"). All users of the Services, including, without limitation, Buyers and Sellers are, collectively "Users").
Chairish relies upon a community of independent Sellers that supply the Goods advertised on and sold through the Services. Chairish at no time holds possession of or title to the Goods advertised on and sold through the Services. Chairish is not a broker or your agent. Except for certain new, wholesale Goods sold directly by Chairish (the "Chairish Goods"), Chairish is not the Seller of any Goods listed on the Services. Chairish merely provides a marketplace for sales between Sellers and Buyers, and, except for Chairish Goods, is not involved in the transaction itself. Sellers may sell Goods through their storefronts on the Services and, except for Chairish Goods, such Goods are not owned or controlled by Chairish.
Chairish reserves the right to cease offering the Services at any time.
Account Set Up and Data
In order to use the Services, you will be required to sign up for an account, select a password and user name and provide certain additional information about you to create your account ("Account Data"). You may not select as your user name a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You promise to provide us with accurate, complete and updated Account Data and to keep your Account Data accurate and current at all times. Edit it at any time by logging in to your account at https://www.chairish.com/account/update, https://www.decaso.com/account/update, https://deringhall.com/account/personal.
You are responsible for the safekeeping of your password and account and are responsible for all activities, sales and purchases that occur under your password or account. You also agree that we will not be liable for any loss or damage arising from your failure to keep your password secure.
We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at email@example.com.
Certain of the Services may allow you to purchase Goods using the Services. If you purchase any Goods using the Service:
- You agree to pay the amount listed and any all other disclosed amounts, such as taxes, duties, costs and expenses. You agree that you are responsible for all payments and taxes associated with your use of the Services.
- You agree that we can automatically charge your credit card during the purchase process. All amounts are in US Dollars only.
Certain of the Services may allow you to submit an offer for any Goods using the Services ("Verified Offer"). By submitting a Verified Offer, you agree to comply at all times with all requirements set forth in our applicable FAQ page regarding Verified Offers: https://support.chairish.com/hc/en-us/categories/115001048347 https://support.decaso.com/hc/en-us/sections/360001848094.
For certain transactions, we may offer a Return Policy. Please see the following for more details on the applicable Return Policy for the service that you are using: Chairish Return Policy, DECASO Return Policy. Except for the Return Policy, all fees and charges are nonrefundable.
Certain transactions may display 'estimated value' on a listing but we are not evaluation experts and rely on data from sellers and publicly available data. Thus, we strongly recommend that you do your own research to determine the value of an item.
While we do our best to give you accurate listing information, we cannot guarantee that the listing is 100% accurate and likewise cannot guarantee the authenticity of any item.
Sellers are solely responsible for the accuracy in describing and pricing the Goods on the Service. Chairish relies on the Sellers for such information and is not responsible in any way for the description or pricing of Goods on the Services provided by the Seller. If you have any claims or disputes regarding any Seller or any Goods on the Service, please contact us at firstname.lastname@example.org, and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Seller. You agree and acknowledge that while Chairish may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Seller, and (ii) Chairish is not responsible for successfully resolving any claims or disputes between you and the Seller..
You are responsible for collecting and paying any payments or taxes associated with using and making sales through our Services. Where applicable, we will issue 1099-K forms to certain sellers in the United States to comply with IRS requirements.
Certain of the Services may allow you to list or otherwise offer Goods on the Services for sale. By listing or otherwise offering Goods on the Services for sale, you agree to the following:
- To ensure the integrity and quality of the Services, Chairish maintains certain policies and rules for its Services, including, without limitation, policies and rules to promote accurate representation and reliable delivery of Goods sold via the Services. You will comply at all times with all the policies and rules set forth in the applicable Seller FAQs: Chairish’s Seller FAQ, DECASO’s Seller FAQ. Chairish may update these policies and rules at any time, but if we do, we will bring it to your attention by placing a notice on the Chairish website, by sending you an email, and/or by some other means. If you use the Services in any way after a change to such policies or rules is effective, then you will be bound to comply with all such changes.
- . You represent and warrant that you own or have the right to sell the Goods, and that your Goods description, the Goods, and your conduct in listing the Goods comply with all applicable laws and regulations, as well as Chairish's policies.
- You will provide accurate and lawful descriptions and prices for each Good you list on the Services.
- You agree to complete the transaction promptly on the terms listed for the selected Goods.
You may not list any Goods on the Services that:
- Violate any applicable law or regulation, or is an illegal item, including counterfeit or stolen items; or
- Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
If an issue or dispute arises between you and any Buyer regarding any Goods you offer on the Service for sale, please contact us at email@example.com, and we will use reasonable efforts to facilitate the communication and resolution of such claims or disputes with the Buyer. You agree and acknowledge that while Chairish may assist with resolving your claims or disputes regarding any Goods on the Services, (i) the ultimate resolution of any such claims or disputes is between you and the Buyer, and (ii) Chairish is not responsible for successfully resolving any claims or disputes between you and the Buyer. In addition, Chairish reserves the right, for any reason, in our sole discretion and without notice to you, to remove any Goods you list, to suspend your access to the Services, or to otherwise impose consequences on you for behaviors that Chairish deems, in its sole discretion, to be inconsistent with Chairish’s policies or the spirit of a trustworthy marketplace; Chairish will not be liable to you or to any third party for doing taking any such action.
Certain Services may allow a User to communicate directly with you. When a User communicates with you to inquire about or purchase a product or otherwise, the User may provide you with certain personal information (including the User's name and email address and, in the case of a purchase, payment and shipping information). Without express consent, you shall not contact Users or use their personal information for any purpose other than Chairish-related communications and for completing the transaction for which the information was provided. You may not use this information to distribute unsolicited commercial messages. Certain Services may allow a User to “follow” you. Unless a User "follows" you, or the User consents, you may not add User to your email lists.
Your Content on the Services
Our Services include information, data, text, photographs, graphics, images, video, messages, tags, or other materials ("Content") from many people and entities, including you, and such Content is the sole responsibility of the person or entity that provided it. This means that you are entirely responsible for all Content that you email, transmit, upload or otherwise make available while using the Services (including through any third party service integrations you enable through the Services), and for the consequences of your actions (including any loss or damage which Chairish may suffer). Chairish does not claim ownership of such Content.
When you upload or post any Content to our Services, you grant to Chairish and its affiliates a license and right to such Content (and any intellectual property or other proprietary rights you have in such Content) to distribute, syndicate, reproduce, modify, adapt, store, publish, publicly perform, publicly display, make derivative works of, and otherwise use, in the broadest sense permitted under applicable law, such Content on or off the Services: (a) for the purpose of providing the Services to you and other Users, such as promoting your listings on the Services; and (b) with respect to Content that is related to the Goods, such as information, photographs, and videos of your Goods, for the purpose of marketing and promoting the Services. For example, for marketing and other purposes, Chairish will occasionally display your Content or listings on other great sites, like Facebook, Twitter and Pinterest. You agree that the licenses you grant us with respect to such Content are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. In order to participate in certain additional Chairish programs or features, Chairish may need additional rights with respect to your Content in order to provide such Chairish programs or features to you. Any such additional rights, if necessary, will be specified in separate agreement between you and Chairish that you will have the right to review and approve. For example, if you participate in our program that enables interior designers to submit lifestyle imagery for inclusion in Chairish’s designer directory or editorial features, Chairish’s rights in such content will be set forth in a separate agreement.
You represent and warrant that you own or otherwise control or have a license to all necessary rights to the Content that you post or submit to Chairish for use on the Services and that you have sufficient rights to grant this license to such Content to Chairish. In addition, you agree that Chairish and its respective affiliates, successors and assigns is not under any obligation of confidentiality with respect to any such Content and that by posting Content, other Users may re-post your Content on third party websites.
Please Don't Abuse Others or Our Services
You agree to not:
- fail to deliver payment for Goods purchased by you;
- fail to deliver Goods purchased from you;
- manipulate the price of any Good or interfere with other Users' listings;
- circumvent Chairish’s policies;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Chairish;
- engage in any unsolicited or unauthorized advertising, "spamming" or "chain letters," or any other form of solicitation;
- share Chairish’s or other Users’ proprietary information or Content obtained through Chairish’s Services outside of the Services without Chairish’s or such User’s written consent;
- abuse or harass another using the Services;
- interfere with or disrupt the Services or servers or networks connected to the Services; or
- intentionally or unintentionally violate any applicable local, state, national or international law;
- access the Services (a) by any means other than through the interface that is provided, or (b) through any automated means (including use of bots, scripts or web crawlers);
- override or circumvent any security components or violate any usage rules relating to the protection of materials or technology on the Services; or
- transmit or make available any harmful material.
You agree to not upload, post, or transmit or make available any Content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including Chairish).
From time to time, Chairish may modify the rules of its Services to promote accurate representation and reliable delivery of Goods sold on its Services. We have the right, but not the obligation, in our sole discretion to impose consequences on you for behaviors that Chairish deems, in its sole discretion, to be inconsistent with Chairish’s policies or the spirit of a trustworthy marketplace. In addition, we have the right, but not the obligation, in our sole discretion to pre-screen, refuse, or remove any buyer, seller, listing, item or Content from the Services.
Commissions: Certain of our Services may charge a commission if you elect to sell Goods on the Services. In such instances, Chairish will charge you a commission for each sale in accordance with its then-current commission rate and payment structure, available at https://support.chairish.com/hc/en-us/categories/115001052668, and https://support.decaso.com/hc/en-us/categories/203940867. Chairish will deduct the amounts due for the commission from the amounts payable to Seller for each transaction conducted through the Services. Chairish reserves the right to change its commission rates at any time upon notice to you. Such changes shall be effective for all listings of Goods on the Services as of the date provided in Chairish’s notice.
Memberships and Membership Fees
Memberships: Certain of the Services or features of the Services are made available by us solely to a limited number of Users who meet certain criteria established by Chairish and who pay applicable membership fees ("Members"). "Membership" in Chairish entitles a Member to access certain benefits. In order to become a Member, you must agree to a separate membership agreement (the "Membership Agreement") and pay the applicable membership fees (the "Membership Fees"). We may offer a number of different levels of Memberships. The benefits and features of each type of Membership and the related requirements and applicable fees are set forth in detail in the Membership Agreement. We reserve the right to modify, terminate, or otherwise amend the various Memberships offered by us, including the criteria for different levels of Memberships and the contents, benefits, and rights of the levels of Memberships. For more information about different levels of Memberships on Chairish, please visit https://support.chairish.com/hc/en-us/categories/115001052668, https://support.decaso.com/hc/en-us/categories/203940867, and https://deringhall.com/start.
Member Criteria: You acknowledge that all Members are selected by Chairish in its sole discretion, and Chairish has the right to refuse or reject a User's application for one or more Memberships for any reason, or for no reason at all. In addition to meeting the requirements for one or more Memberships (which are set forth at https://support.chairish.com/hc/en-us/categories/115001052668, https://support.decaso.com/hc/en-us/categories/203940867, and https://deringhall.com/start and and incorporated in this TO and incorporated in this TOS), in order to use the Services as a Member, you must have a current and signed Membership Agreement with Chairish, and you must pay all required Membership Fees and other payments in accordance with the terms herein and as otherwise set forth in your Membership Agreement.
Billing and Payment Schedule: If you become a Member, you agree to pay all applicable Membership Fees for Membership set forth in your Membership Agreement, which shall be due on the 1st of each month or if the 1st falls on a weekend or bank holiday, the first business day thereafter. You may elect to receive additional fee-based services (e.g. dealer advertising) and buyer-related services (e.g. concierge service) and you agree to pay all fees for such services set forth in the Membership Agreement. You must provide current, complete and accurate credit card and billing information. We will charge the Membership Fees and any other fees for additional services you receive to the credit card on file when such fees become due. If we are unable to charge your card for such fees, you must provide an alternate payment method for such fees. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). Chairish reserves the right to change the Membership Fees and any other fees for additional services at any time, provided that Chairish will notify Members in writing at least 30 business days before any contemplated fee change becomes effective.
Membership Termination: You may terminate your Membership by notifying Chairish in writing with at least 30 (thirty) days' prior notice. Chairish will not provide any refunds for previously paid Membership Fees at time of cancellation. Chairish may revoke a Seller’s Membership, in its sole discretion, without notice if a Member violates the terms of this TOS or any Membership Agreement, engages in fraudulent or unethical conduct, fails to pay applicable fees, or engages in practices resulting in customer service issues that negatively impact other Users of the Services.
Interactions with Third Parties
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated You access all such information and Content at your own risk and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. For example, Sellers may upload, post or otherwise provide to Chairish for use on the Services certain text, materials, or images related to their Goods or in setting up their storefronts on the Services. You agree that Chairish is not responsible for any such information, text, graphics, images, photos, video, items of Goods, links or other content posted by Sellers with respect to the Goods or for the quality of Goods purchased from such Sellers. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
Chairish has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Chairish will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Chairish shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Chairish is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Chairish, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
Third Party Charges
You are solely responsible for any fees or charges incurred to access the Services through an internet access or mobile access provider, or other third party.
All right, title and interest to the Services (which includes any Chairish content or materials made available via the Service, the Services' look and feel, the designs, service marks, trademarks and trade names displayed on the Service) are the property of Chairish, its affiliates, licensors or users, and are protected by copyrights, patents, trademarks or other proprietary rights and laws.
You may not use, copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense or otherwise transfer any right, of any part of the Services without the prior written consent of the respective owner.
Unless otherwise agreed to in a separate agreement between us, with respect to any software or applications that we make available to you (collectively, the "Software"), Chairish grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use such Software provided, for the sole purpose of enabling you to use the Services in the manner permitted by this TOS. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. You may not assign or grant a sublicense of your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You agree to only use the Services for personal purposes, and not for any unintended use of the Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, frame, or exploit for any commercial purposes, any portion of the Services.
By submitting feedback, ideas, ratings, reviews, or suggestions ("Feedback") to Chairish, publicly through web pages (e.g. forums), or privately through customer service, you acknowledge and agree that: (a) your Feedback automatically becomes the property of Chairish without any obligation of Chairish to you; (b) your Feedback does not contain confidential or proprietary information of you or any third party; (c) Chairish may use or disclose such Feedback for any purpose, in any way, in any media worldwide; (d) Chairish may have something similar to the Feedback already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Chairish.
You agree to indemnify and hold Chairish and its affiliates, members, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Goods you buy, sell, or offer to sell using the Services, your Content, your use of the Services, your violation of this TOS or any Membership Agreement, your violation of any applicable law, rule or regulation, or your violation of any rights of another.
You agree that Chairish may terminate your Chairish account and access to the Services at any time, without notice, for any reason, including but not be limited to, (a) breaches or violations of this TOS , including any policies or documents incorporated by reference, or any other agreement you have entered into with Chairish, (b) requests by law enforcement or other government agencies, (c) a request by you to delete your account, (d) discontinuance or material modification to the Services, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, or (h) nonpayment of any fees owed by you in connection with the Services. Chairish may delete your Content, your password and all related information, and files and content associated with your account. You agree that Chairish shall not be liable to you or any third party for any termination of your account or access to the Service.
DISCLAIMER OF WARRANTIES
Your use of the Services is at your sole risk. Neither Chairish nor its licensors or suppliers makes any representations or warranties concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Chairish or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHAIRISH AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CHAIRISH ITS AFFILIATES (OR ITS OR THEIR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COST OF REPLACEMENT OF SUBSTITUTE GOODS OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100, (II) THE AMOUNT DUE UNDER OUR THEN-CURRENT REFUND POLICY, OR (III) THE FAIR MARKET VALUE OR LISTING PRICE OF THE GOODS ITEM SUBJECT TO THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that you must evaluate, and bear all risks associated with, the use of any Content and items, including any reliance on the accuracy, completeness, or usefulness of such Content and items.
All disputes under this TOS and/or any applicable Membership Agreement that cannot be resolved by the parties shall be submitted to arbitration under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. Either party may invoke this paragraph after providing 30 days' written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any provisions hereunder that are intended to survive expiration or termination of this TOS will survive. The parties are independent contractors with respect to each other and no third party beneficiaries are created hereunder. Neither party is a partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract. We may provide you with notices, including those regarding changes to this TOS and/or a Membership Agreement, including but not limited to by email, regular mail, text message, postings on the Service, or other reasonable means. All notices you provide to us must be in writing and sent by registered mail, recognized carrier, or confirmed fax transmission, and will be deemed received upon receipt. Failure to insist upon strict performance or to exercise any term hereof will not act as a waiver of any right herein, and any waiver must be in a signed writing to be valid. You may not assign, delegate or transfer your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Chairish’s prior written consent. We may transfer, assign, or delegate our rights and obligations under this TOS without consent. This TOS inures to the benefit of and shall be binding on any permitted assignees. This TOS and any applicable Membership Agreement constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes all other understandings or agreements concerning the subject matter hereof. Except for modifications or changes by us as described above, any amendment to this TOS must be in a signed writing. This TOS shall be governed by the laws of the State of California. The parties agree that the federal and state courts in San Francisco County, California will have exclusive jurisdiction and venue under this TOS. In the event that any provision of this TOS and/or Membership Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this TOS and/or Membership Agreement shall otherwise remain in full force and effect and enforceable.
Copyright Dispute Policy and Notice Procedure
Chairish respects the intellectual property of others, and we ask our users to do the same. You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like Chairish, being asked to remove material that allegedly violates someone’s copyright. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Chairish’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Chairish is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider's access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Chairish is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Chairish may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Chairish may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Chairish’s discretion.
Please contact Chairish’s Designated Agent at the following address:
By email to: firstname.lastname@example.org
By mail to:
465 California Street Suite 1250
San Francisco, CA 94104
By fax to: 316-351-0952