The following Terms and Conditions (“Agreement”) govern the services on the SILKFAIR services and SILKFAIR.com website and domains serviced by SILKFAIR (“SILKFAIR” or “Site” or “we” or “Service” or “Company”). The User or Member (“you”) are agreeing to this Agreement and the general principles of SILKFAIR.com, whether you are a visitor/unregistered member or registered member (including and not limited to sellers and buyers).

Welcome to SILKFAIR, a social e-commerce and networking portal that allows you to create your online Store in order to trade goods and services with other users. The SILKFAIR service and network are operated by SILKFAIR, LLC. and its corporate affiliates (collectively, "us", "we" or "the Company"). Before you become a member of SILKFAIR, you must read and accept all of the terms and conditions in this Agreement and the Privacy Policy. If you do not agree to the Agreement and Privacy Policy, you should leave the Site and discontinue from using the Services. By accessing or using our web site and/or services offered at SILKFAIR (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and Privacy Policy, whether or not you are a registered member of SILKFAIR. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

This Agreement shall remain in full effect while you use the Services or are a member. You can terminate the membership at any time for any reason. You must have fulfilled your financial obligations if any to SILKFAIR and the Company, prior to terminating membership. While you are a member of SILKFAIR, you are responsible for maintaining the confidentiality of your user password and any other security measures.

You agree to notify SILKFAIR immediately, if you are aware or suspicious of any unauthorized use of your account or password. You will be responsible for any use and maintenance of your account.

1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username.
2. You are responsible for keeping your password secure.
3. You must not abuse, harass, threaten, impersonate or intimidate other SILKFAIR users.
4. You may not use the SILKFAIR service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on the SILKFAIR service.
6. You must not modify, adapt or hack SILKFAIR.com or any domain serviced by SILKFAIR.com or modifies another website so as to falsely imply that it is associated with SILKFAIR.
7. You must not create or submit unwanted email or messages or postings to any SILKFAIR members ("Spam").
8. You must not transmit any worms or viruses or any code of a destructive nature.
9. You must not, in the use of SILKFAIR, violate any laws in your jurisdiction.


Violation of any of these agreements will result in the termination of your SILKFAIR account. While SILKFAIR prohibits such conduct and content on its site, you understand and agree that SILKFAIR is a venue and as such is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the SILKFAIR service at your own risk.

SILKFAIR's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. SILKFAIR's services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended SILKFAIR members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use SILKFAIR. Further, your SILKFAIR account (including feedback) and User ID may not be transferred or sold 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.

SILKFAIR and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Please be careful about the information or image files you post on SILKFAIR. SILKFAIR assumes no responsibility or liability for the material that may contain inaccurate, inappropriate, offensive or sexually explicit content. If you are aware of misuse of the SILKFAIR Services by any person at any time, please contact SILKFAIR immediately. In its sole discretion, SILKFAIR reserves the right to remove, reject, refuse any posting by users and members, or suspend, or terminate their access to any of the Services at any time, for any or no reason without prior notice.

Unauthorized use of any content or link in connection with any commercial activities without granting approval from SILKFAIR is prohibited, including collecting usernames, email addresses, product content of users or members. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from the content or member profiles without notice. Legal action will be taken for any illegal or unauthorized use of the SILKFAIR services.

SILKFAIR does not own any rights in the text, file, images, photo, video, music, or any other materials that users post to the SILKFAIR. Users or members continue to retain all ownership rights to their posted content in any way they prefer. You represent and warrant that the posted content does not violate the privacy rights, copyrights, publicity right or any other rights of any person or company. SILKFAIR Services contain content of users, members and other licensors, that you may not copy, duplicate, modify, translate, publish, display or sell any content through the SILKFAIR service, unless authorized by the Site.

SILKFAIR may delete any content that violates this Agreement or that may be illegal, offensive, threaten, harm, or impolite to any person. If at any time SILKFAIR chooses to monitor for inappropriate content or conduct, SILKFAIR assumes no obligation to remove any inappropriate content or conduct and no responsibility for the users posting any such content.

You are solely responsible for the content that you post on any of the SILKFAIR Services, and any information that you sent to other members or users. SILKFAIR does not have any control over the content and the content is not necessary reviewed by the Site before and/or after posting and does not reflect the opinions of SILKFAIR.

The following is a list of the content that is prohibited to post or list on SILKFAIR. The Site reserves the right to take any necessary legal action against those who violate this agreement.

You agree that SILKFAIR shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damage, including loss of profiles, data or other losses resulting from the use of SILKFAIR services.

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR DIRECT OR INDIRECT USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE OR ERRORS).

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

You agree to hold SILKFAIR and its affiliates, partners, employees, harmless from any loss, damage or claim made by any third party due to your misuse or violation of this Agreement; and from using SILKFAIR services, or any content that you post on the Site causing SILKFAIR to be liable to another.

You agree to indemnify and hold SILKFAIR, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site or Service, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the SILKFAIR Site may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

In the event a dispute arises between you and SILKFAIR, please contact SILKFAIR.

User-to-user disputes should be handled and proceeded with common sense, and if necessary, reported to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.

You are solely responsible for your interactions with other SILKFAIR users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

We care about the privacy of our users. Please view the SILKFAIR's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

SILKFAIR may terminate your membership, delete your profile and any content or information that you have posted onto the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 and using the Site or Service without adult consent and/or supervision. We are not obligated to keep inactive user accounts.

SILKFAIR.com provides an electronic web-based E-commerce platform for trading goods and service and exchanging information between buyers and sellers. SILKFAIR does not represent sellers nor buyers in any business transactions. SILKFAIR.com is the E-commerce platform provider that does not control any trading activities on the Site and is not liable to or responsible for the price, quality, safety, lawfulness or availability of the products or services offered for sale on SILKFAIR.

Users should be made aware that there may be potential risks of dealing with sellers or buyers acting under false pretences. SILKFAIR E-commerce Platform provides several safety rules and utilizes web-security technology to verify the accuracy of the information users provide. However, SILKFAIR cannot and does not confirm each user's purported identity. SILKFAIR encourages users to use common sense and to evaluate with whom you are dealing.

Each user acknowledges that he or she is fully aware of the risks of purchase and sale transactions when using the SILKFAIR Services, and such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent, unsatisfactory quality, failure to meet descriptions or specifications, defective products, delay or default in delivery or payment, cost and price miscalculations, breach of warranty and contract, and transportation accidents. The User agrees that SILKFAIR shall not be liable or responsible for any loss or damages that may arise resulting of or in connection with any Transaction Risks.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about SILKFAIR or the SILKFAIR website ("Submissions"), provided by you to SILKFAIR are non-confidential and shall become the sole property of SILKFAIR. SILKFAIR shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

These Terms of Use constitute the entire agreement between you and SILKFAIR regarding the use of the SILKAIR Site and Service, superseding any prior agreements between you and SILKFAIR relating to your use of the SILKFAIR Site and Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.