WelcometoAliberber.com. We’reso glad you’re here. Make yourselfcomfortableand have a good time, but please follow our house rules.
The Terms are a legally binding contract betweenyouandAliberber.com.
Pleasenotethat Section 11. DisputeswithAliberber.com, containsanarbitration clause and class action waiver. ByagreeingtotheTerms, youagreetoresolvealldisputesthrough binding individualarbitration, which means thatyouwaiveany right to have thosedisputesdecidedby a judge or jury, andthatyouwaiveyour right toparticipate in class actions, class arbitrations, or representative actions.
This contract sets out yourrightsandresponsibilitieswhenyouuseAliberber.com.com, PatternbyAliberber.com, our mobile apps, andtheother services providedbyAliberber.com (we’llrefertoall of these collectively as our “Services”), sopleasereaditcarefully. Byusingany of our Services (even justbrowsingone of our websites), you’reagreeingtotheTerms. Ifyoudon’tagreewiththeTerms, youmaynotuseour Services. Youwithus? Great, read on!
Aliberber.com’s Services connectpeoplearoundtheworld, both online and offline, to make, sell, andbuyuniquegoods. Here’s a handy guide to help youunderstandthespecificrulesthat are relevant foryou, depending on howyouusethe Services:
Our House Rules forSellers. Ifyou list any items for sale throughour Services, these policiesapplytoyou. Youcanreadthem here.
Our House Rules forBuyers. Ifyouuseour Services to browse or shop, these policiesapplytoyou. Youcanreadthem here.
All of these policies are a part of ourTerms, so be sure to read the ones that are relevant foryou. Of course, you’llstill want toreadthe rest of this document because it applies to everyone!
Both Aliberber.comandsellersprocess members’ personal information (forexample, buyer name, email address, and delivery address) and are thereforeconsidered separate and independent data controllers of buyers’ personal information under EU law. That means thateach party is responsibleforthe personal information itprocesses in providingthe Services. For example, if a selleraccidentallydiscloses a buyer’s name and email addresswhenfulfillinganotherbuyer’s order, theseller, notAliberber.com, willberesponsibleforthatunauthoriseddisclosure.
If, however, Aliberber.comandsellers are found tobe joint data controllers of buyers’ personal information, andifAliberber.com is sued, fined, or otherwiseincursexpensesbecause of somethingthatyoudid as a joint data controller of buyer personal information, youagreetoindemnifyAliberber.comfortheexpensesitoccurs in connectionwithyour processing of buyer personal information. See Section 9. Indemnification (or WhatHappensIfYou Get UsSued) below for more information aboutyourindemnificationobligationstoAliberber.com.
You’llneedtocreatean account withAliberber.comtousesome of our Services. Here are a few rulesabout accounts withAliberber.com:
A. You must be 18 years or oldertouseour Services. Minors under 18 and at least 13 years of age are onlypermittedtouseour Services throughan account ownedby a parent or legalguardianwiththeirappropriatepermissionandundertheir direct supervision. Childrenunder 13 years are notpermittedtouseAliberber.com or the Services. You are responsibleforanyandall account activityconductedby a minor on your account. For more information, seeAliberber.com's Minors Policy.
B. Be honestwithus. Provide accurate information aboutyourself. It’s prohibitedtousefalse information or impersonateanother person or company throughyour account.
C. Chooseanappropriate name. Ifyoudecidetonot have your full name serve as the name associatedwithyour account, youmaynotuselanguagethat is offensive, vulgar, infringessomeone’sintellectual property rights, or otherwiseviolatestheTerms.
D. You'reresponsibleforyour account. You’resolelyresponsibleforanyactivity on your account. Ifyou’resharingan account withotherpeople, thenthe person whose financial information is on the account willultimatelyberesponsibleforallactivity. Ifyou’reregistering as a business entity, youpersonallyguaranteethatyou have theauthoritytoagreetotheTerms on behalf of the business. Also, your accounts are nottransferable.
E. Protectyour password. As we mentionedabove, you’resolelyresponsibleforanyactivity on your account, soit’s important to keep your account password secure. Here’s a Help article on howto make your account more secure.
F. Let'sbeclearaboutourrelationship. These Termsdon'tcreateany agency, partnership, joint venture, employment, or franchiseerelationshipbetweenyouandAliberber.com.
Thisdetailed Help article shouldansweranyquestionsyoumay have aboutregisteringan account withAliberber.com.
Content thatyou post usingour Services is your content (solet’srefertoit as “Your Content”). We don’t make any claim toit, whichincludesanythingyou post usingour Services (like shop names, profile pictures, listingphotos, listingdescriptions, reviews, comments, videos, usernames, etc.).
A. ResponsibilityforYour Content. Youunderstandthatyou are solelyresponsibleforYour Content. Yourepresentthatyou have allnecessaryrightstoYour Content andthatyou’renotinfringing or violatinganythird party’s rightsbyposting it.
B. PermissiontoUseYour Content. BypostingYour Content throughour Services, yougrantAliberber.com a licensetouse it. We don’t claim anyownershiptoYour Content, but we have yourpermissiontouseitto help Aliberber.comfunctionandgrow. That way, we won’tinfringeanyrightsyou have in Your Content and we can help promoteyour stuff. For example, youacknowledgeandagreeAliberber.commay offer you or Aliberber.combuyerspromotions on the Site, from time to time, thatmayrelatetoyourlistings
C. RightsYou Grant Aliberber.com. (Here’sthelegaleseversion of the last section). BypostingYour Content, yougrantAliberber.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetuallicensetouse, display, edit, modify, reproduce, distribute, store, andpreparederivativeworks of Your Content. Thisallowsustoprovidethe Services andtopromoteAliberber.com, yourAliberber.com shop, or the Services in general, in any formats andthroughanychannels, includingacrossanyAliberber.com Services, our partners, or third-party website or advertising medium. Youagreenottoassertanymoralrights or rights of publicityagainstusforusingYour Content. Youalsorecogniseourlegitimate interest in usingit, in accordancewiththe scope of thislicense, totheextentYour Content containsany personal information.
That sounds like a lot, but it’snecessaryforusto keep Aliberber.comgoing. Consider these examples: ifyou upload a photo of a listing on yourAliberber.com shop, we have permissionto display ittobuyers, and we canresizeitsoit looks goodto a buyerusingour mobile app; ifyou post a description in English, we can translate itinto French so a buyer in Paris canlearnthe story behindyour item; andifyou post a beautifulphoto of yourlatest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promoteyour business andAliberber.com’s.
D. Reporting Unauthorised Content. Aliberber.com has great respect forintellectual property rights, and is committedtofollowingappropriatelegal procedures toremoveinfringing content fromthe Services. If content thatyouown or have rightsto has been postedtothe Services without yourpermissionandyou want itremoved, please follow the steps listed in our Intellectual Property Policy. IfYour Content is allegedtoinfringeanotherperson’sintellectual property, we will take appropriate action, such as disablingitif we receive proper notice or terminatingyour account ifyou are found tobe a repeatinfringer. We’llnotifyyouifany of thathappens.
E. Inappropriate, False, or Misleading Content. Thisshouldbe common sense, but there are certain types of content we don’t want posted on Aliberber.com’s Services (forlegalreasons or otherwise). Youagreethatyouwillnot post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwiseoffensive or in violation of our Prohibited Items Policy, Community Policy, or any part of ourTerms. Youalsoagreenotto post any content that is falseandmisleading or usesthe Services in a mannerthat is fraudulent or deceptive.
License toUseOur Services. We grantyou a limited, non-exclusive, non-transferable, andrevocablelicensetouseour Services - subject totheTermsandthefollowingrestrictions in particular:
A. Don’tUseOur Services to Break theLaw. Youagreethatyouwillnotviolateanylaws in connectionwithyouruse of the Services. Thisincludesanylocal, state, federal, andinternationallawsthatmayapplytoyou. For example, it’syourresponsibilitytoobtainany permits or licensesthatyour shop requires; youmaynot sellanythingthatviolatesanylaws; you must complywithour Sanctions Policy, andyoumaynotengage in fraud (includingfalse claims or infringementnotices), theft, anti-competitiveconduct, threateningconduct, or anyotherunlawful acts or crimes againstAliberber.com, anotherAliberber.com user, or a third party.
B. PayYour Bills. You are responsibleforpayingallfeesthatyouowetoAliberber.com. Except as set forth below, you are alsosolelyresponsibleforcollectingand/or payinganyapplicabletaxesforanypurchases or sales you make throughour Services. For digital items soldtobuyers in Australia, Belarus, the EU, Iceland, India, New Zealand, Norway, Russia, Serbia, South Africa, South Korea, Switzerland, Taiwan, Turkey, or United ArabEmirates, Aliberber.comwill help collect andremitthe correct amount of value-addedtax or VAT. Somecountriesmayreferto VAT usingotherterms, e.g. Goodsand Services Tax (GST), but we’lljustreferto VAT, GST, andanylocal sales taxescollectively as “VAT”. In addition, Aliberber.comwillcalculate, collect, andremit sales taxwhereapplicable. Pleasesee this FAQ for more information. Yourfees, bills, taxes, andhowyoucanpaythem are fullyexplained in our Fees&Payments Policy.
D. Don’tTryto Harm Our Systems. Youagreenottointerferewith or trytodisruptour Services, forexamplebydistributing a virus or otherharmful computer code.
E. Follow Our Trademark Policy. The name "Aliberber.com" andtheotherAliberber.commarks, phrases, logos, and designs that we use in connectionwithour Services, are trademarks, service marks, or trade dress of Aliberber.com in the US andothercountries. Ifyou’d like touseour trademarks, please follow our Trademark Policy.
F. Share YourIdeas. We love yoursuggestionsandideas! Theycan help usimproveyourexperienceandour Services. Anyunsolicitedideas or othermaterialsyousubmittoAliberber.com (notincludingYour Content or items yousellthroughour Services) are considered non-confidentialand non-proprietarytoyou. Yougrantus a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetuallicensetouseandpublishthoseideasandmaterialsforanypurpose, without compensationtoyou.
G. Talk toUs Online. From time to time, Aliberber.comwillprovideyouwithcertainlegal information in writing. Byusingour Services, you’reagreeingtoour Electronic Communications Policy, whichdescribeshow we providethat information toyou. It saysthat we cansendyou information electronically (such as by email) instead of mailing you paper copies (it’sbetterforthe environment), andthatyourelectronic agreement is thesame as yoursignature on paper.
TerminationByYou. We'dhatetoseeyou go, but youmayterminateyour account withAliberber.com at any time fromyour account settings. Youcanfind more information in this Help article. Terminatingyour account willnot affect the availability of some of Your Content thatyoupostedthroughthe Services prior totermination. Oh, andyou’llstill have topayanyoutstandingbills.
TerminationByAliberber.com. We mayterminate or suspendyour account (andanyrelated accounts) andyour access tothe Services at any time, foranyreason, and without advance notice. If we do so, it’s important tounderstandthatyoudon’t have a contractual or legal right to continue touseour Services, forexample, tosell or buy on our websites or mobile apps. Aliberber.commayrefuse service toanyone, at any time, foranyreason.
Ifyou or Aliberber.comterminateyour account, youmayloseany information associatedwithyour account, includingYour Content.
We May Discontinue the Services. Aliberber.com reserves the right to change, suspend, or discontinue any of the Services at any time, foranyreason. We willnotbeliabletoyouforthe effect thatany changes tothe Services may have on you, includingyourincome or yourabilitytogeneraterevenuethroughthe Services.
Survival. The Termswillremain in effect even afteryour access tothe Service is terminated, or youruse of the Service ends.
Items YouPurchase. YouunderstandthatAliberber.com does notmanufacture, store, or inspectany of the items soldthroughour Services. We providethevenue; the items in ourmarketplaces are produced, listed, andsolddirectlyby independent sellers, soAliberber.comcan'tand does not make anywarrantiesabouttheirquality, safety, or even theirlegality. Anylegal claim relatedtoan item youpurchase must bebroughtdirectlyagainsttheseller of the item. You release Aliberber.comfromany claims relatedto items soldthroughour Services, includingfordefective items, misrepresentationsbysellers, or items thatcausedphysicalinjury (like product liability claims).
Content You Access. Youmaycomeacrossmaterialsthatyoufindoffensive or inappropriatewhileusingour Services. We make no representationsconcerningany content postedby users throughthe Services. Aliberber.com is notresponsiblefortheaccuracy, copyright compliance, legality, or decency of content postedby users thatyouaccessedthroughthe Services. You release usfromallliabilityrelatingtothat content.
People YouInteractWith. Youcanusethe Services tointeractwithotherindividuals, either online or in person. However, youunderstandthat we do not screen users of our Services, andyou release usfromallliabilityrelatingtoyourinteractionswithother users. Pleasebecarefulandexercisecautionandgoodjudgment in allinteractionswithothers, especiallyifyou are meeting someone in person. This Help article has somegoodadviceabout handling in person meetings.
Gift Cards andPromotions. YouacknowledgethatAliberber.com does not make anywarrantieswith respect toyour Gift Card balanceand is notresponsibleforanyunauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code thatresultsfromany action byyou or a third party. Youalsoacknowledgethat we maysuspend or prohibituse of your Gift Card ifyour Gift Card or Gift Card code has been reported lost or stolen, or if we believeyour Gift Card balance is beingusedsuspiciously, fraudulently, or in anotherwiseunauthorisedmanner. Ifyour Gift Card code stopsworking, youronlyremedy is forusto issue you a replacement Gift Card code. Byparticipating in a special offer or promotion, youagreethatyoumaynot later claim thattherules of that special offer or promotion wereambiguous.
| WARRANTIES. ALIBERBER.COM IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ALIBERBER.COM, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL ALIBERBER.COM’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ALIBERBER.COM IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We hope this never happens, but ifAliberber.comgetssuedbecause of somethingthatyoudid, youagreetodefendandindemnifyus. That means you’lldefendAliberber.com (includingany of our employees) andholdusharmlessfromanylegal claim or demand (includingreasonablelawyer’sfees) thatarisesfromyour actions, youruse (or misuse) of our Services, yourbreach of theTerms, or youraccount’sinfringement of someoneelse’srights.
We reserve the right to handle ourlegaldefensehowever we see fit, even ifyou are indemnifyingus, in which case youagreetocooperatewithusso we canexecuteourstrategy.
Ifyoufindyourself in a disputewithanother user of Aliberber.com’s Services or a third party, we encourageyouto contact theother party andtrytoresolvethedisputeamicably.
Case System. Buyersandsellerswho are unabletoresolve a disputerelatedto a transaction on our websites or mobile apps mayparticipate in our case system. Youcanfind details aboutthe case system in this Help article. Aliberber.comwillattemptto help youresolvedisputes in goodfaithandbasedsolely on ourinterpretation of ourpolicies, in oursolediscretion; we willnot make judgmentsregardinglegal issues or claims. Aliberber.com has no obligationtoresolveanydisputes.
Release of Aliberber.com. You release Aliberber.comfromany claims, demands, anddamagesarising out of disputeswithother users or parties.
Ifyou’reupsetwithus, let usknow, andhopefully we canresolveyour issue. But if we can’t, then these ruleswillgovernanylegaldisputeinvolvingour Services:
A. GoverningLaw. The Terms are governedbythelaws of the State of New York, without regardtoits conflict of lawsrules, andthelaws of the United States of America. These lawswillapply no matter where in theworldyou live, but ifyou live outside of the United States, youmaybeentitledtotheprotection of themandatoryconsumerprotectionprovisions of yourlocalconsumerprotectionlaw.
B. Arbitration. YouandAliberber.comagreethatanydispute or claim arisingfrom or relatingtotheTermsshallbefinallysettledbyfinaland binding arbitration, usingthe English language, administeredbythe American Arbitration Association (the “AAA”) underits Consumer Arbitration Rules (the "AAA Rules") then in effect (thoserules are deemedtobeincorporatedbyreferenceintothissection, and as of the date of these Termsyoucanfindthe AAA Rules here), unlessotherwiserequiredbylaw. Arbitration, includingthresholdquestions of arbitrability of thedispute, willbehandledby a solearbitrator in accordancewiththoserules. Judgment on thearbitration award maybeentered in any court that has jurisdiction. AnyarbitrationundertheTermswill take place on anindividual basis — class arbitrationsand class actions are notpermitted. YouunderstandthatbyagreeingtotheTerms, youandAliberber.com are eachwaivingthe right to trial by jury or toparticipate in a class action or class arbitration. Notwithstandingtheforegoing, each party shall have the right tobringan action in a court of proper jurisdictionforinjunctive or otherequitable or conservatoryrelief, pending a finaldecisionbythearbitrator. Youmayinsteadassertyour claim in “small claims” court, but onlyifyour claim qualifies, your claim remains in such court, andyour claim remains on anindividual, non-representative, and non-class basis.
C. Costs of Arbitration. Paymentforanyandallreasonable AAA filing, administrative, andarbitratorfeeswillbe in accordancewiththe Consumer Arbitration Rules. Ifthevalue of your claim does notexceed $10,000 USD, Aliberber.comwillpayforthereasonablefiling, administrative, andarbitratorfeesassociatedwiththearbitration, unlessthearbitratorfindsthateitherthesubstance of your claim or thereliefsought was frivolous or broughtforanimproperpurpose.
D. Forum. We’rebased in Amsterdam, soanylegal action againstAliberber.comrelatedtoour Services must befiledand take place in Amsterdam, The Netherlands. For all actions underthe AAA Rules, theproceedingsmaybefiledwhereyourresidence is, or in Amsterdam, New York, andany in-person hearings willbeconducted at a locationwhich is reasonablyconvenienttobothpartiestakinginto account theirabilitytotravelandother pertinent circumstances. For any actions not subject toarbitration, youandAliberber.comagreetosubmittothe personal jurisdiction of a state or federal court located in Netherlands, E. GovernmentException. Ifyou are a government agent or entity in theNetherlands usingthe Services in your official capacity, andyou are legallyunabletoagreetotheclauses in thissection, thenthoseclauses do notapplytoyou. In that case, theTermsandany action relatedtotheTermswillbegovernedbythelaws of the United States (without referenceto conflict of laws) and, in the absence of federallawandtotheextentpermittedunderfederallaw, thelaws of theNetherlands.
F. Modifications. If we make any changes tothis “DisputeswithAliberber.com” sectionafterthe date you last acceptedtheTerms, those changes willnotapplytoany claims filed in a legalproceedingagainstAliberber.com prior tothe date the changes becameeffective. Aliberber.comwillnotifyyou of substantive changes tothe “DisputeswithAliberber.com” section at least 30 days prior tothe date the change willbecomeeffective. Ifyou do notagreetothemodifiedterms, youmaysendAliberber.com a writtennotification (including email) or close your account withinthose 30 days. Byrejecting a modified term or permanentlyclosingyour account, youagreetoarbitrateanydisputesbetweenyouandAliberber.com in accordancewiththeprovisions of this “DisputeswithAliberber.com” section as of the date you last acceptedtheTerms, includingany changes made prior toyourrejection. Ifyoureopenyourclosed account or create a new account, youagreetobeboundbythecurrentversion of theTerms.
We may update these Termsfrom time to time. If we believethatthe changes are material, we’lldefinitely let youknowbypostingthe changes throughthe Services and/or sendingyouan email or messageaboutthe changes. That way youcandecidewhetheryou want to continue usingthe Services. Changes willbeeffectiveupontheposting of the changes unlessotherwisespecified. You are responsibleforreviewingandbecomingfamiliarwithany changes. Youruse of the Services followingthe changes constitutesyouracceptance of theupdatedTerms.
The Terms, includingall of thepoliciesthat make up theTerms, supersede anyother agreement betweenyouandAliberber.comregardingthe Services. Ifany part of theTerms is found tobeunenforceable, that part willbelimitedtothe minimum extentnecessarysothattheTermswillotherwiseremain in full force and effect. Our failure toenforceany part of theTerms is not a waiver of our right to later enforcethat or anyother part of theTerms. We mayassignany of ourrightsandobligationsundertheTerms.
Ifyou have anyquestionsabouttheTerms, please email us at