Your User Agreement

Main Street Fair (or "Site") is an online only venue that allows people to sell, offer, promote, purchase and advertise most anything, anytime, from anywhere using a large variety of promotional, selling and pricing formats.

BY USING OUR SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THIS AGREEMENT, WHICH INCLUDES THE CONTENT OF ITS LINKS, OR THAT YOU HAD THE OPPORTUNITY TO DO SO, BUT HAVE AGREED TO THIS AGREEMENT AT YOUR RISK WITHOUT DOING SO BY USING OUR SITE. Please print and read this Agreement and its links carefully before further using our Site. Our Site is owned by Main Street Fair, sometimes referred to herein as "we." We reserve the right to add, remove, or modify any provision of this Agreement, which changes shall take effect upon your next use of our Site.

We make NO representation that the materials, products or services ("Content") offered on our Site are appropriate for access inside or outside of the United States. If you are accessing our Site from outside the United States, you are doing so on your own initiative and risk and are responsible for compliance with your local laws. If you are in doubt about any provision of, or transaction contemplated by, this Agreement, please consult legal counsel in your locality for advice regarding what Content or transactions may be legally available to you prior to your use of our Site.

Our Site is not intended for use by children. If you are under the age of 18 or are otherwise incapable of entering into a contract, you may only use our Site through the direct involvement of your parent or guardian.

To make our Site a valuable experience for all its users, the following requirements apply to you and all users:

While using Main Street Fair, you agree TO:

Create listings, statements, inferences, titles or subtitles that accurately describe the item or items for sale. Information that could directly or indirectly mislead buyers as to what is actually for sale is prohibited. List within the category that is representative of the item being sold;
Post listings in accordance with our buyer's rules, seller's rules, your User Agreement, and other rules and policies found on our Site and not in violation of law or third party rights;
Deliver payment for items purchased by you to the seller. Should the seller change the item's description after you have placed a bid, the seller's identity can not be authenticated by you or a clear typographical error is made, delivery is at the seller's sole discretion and in no way implicates Main Street Fair.
Deliver items purchased by a buyer, unless the buyer fails to meet the terms posted on our Site, or if the buyer's identity can not be authenticated by you;
Comply with Your User Agreement, our buyer rules and seller rules, and other rules and policies found on our Site
Comply with our fee structure and billing process.

While using Main Street Fair you agree to NOT:

Misrepresent the terms of your sale in any way;
Transfer your account, registration information, or feedback rating to another person or entity without our written consent;
Take any action that may falsify, mislead, or undermine our feedback or ratings system;
Take any action that may unfairly interfere with the pricing, title, categorization, or description of any item;
Copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for your Content) from our Site without our prior written consent and/or that of any appropriate affiliates or third parties;
Use Content on our Site that is racist, sexist, sexually obscene, profane, vulgar, hateful, cult-related, intentionally dangerous, or otherwise harmful;
Post Content that is false or defamatory against Main Street Fair, its employees or affiliates, or any third party associated in any way with Main Street Fair;
Utilize any logo, identities, database, graphics, brand, product or celebrity photos, dignitary photos or names without the prior written permission of the owner;
Distribute or post chain letters, pyramid schemes, spam, or post multi-level marketing advertisements or listings without prior written approval by Main Street Fair;
Interfere with the operations of our Site in any way;
Collect, harvest, disclose or use personal information about our users;
Distribute viruses or any other technologies that may harm us or our Site or the interests or property of any third party;
Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our Site system or infrastructure;
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our Site.
Suspended users may not use our Site using another name, online identity, or IP address.
Accessing our Site for any purpose without our prior written permission via any spider, robot, scraper or other automated techniques for any purpose is strictly prohibited.

For violation of the above, or otherwise at our discretion, we reserve the right at our discretion to refuse access to our Site, remove or edit your listing(s) on our Site and retain the fees, suspend or terminate your account, or lower your feedback ratings. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for long periods of time.

Alternate Contributions

We are not responsible if a school specified by you does not accept your contribution from us. In this rare case, we will make your contribution to another school within the same type and geographic area.

Transactions are solely between Sellers and Buyers

You acknowledge and agree that we are not a traditional classified ads venue or auctioneer. WE ARE THEREFORE NOT RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIONS OR INACTIONS, OR ITEMS FOUND ON OUR SITE. WE DO NOT PARTICIPATE IN AND ARE NOT A PARTY TO TRANSACTIONS BETWEEN OUR SELLERS AND BUYERS. WE DO NOT ACQUIRE OR TRANSFER LEGAL OWNERSHIP OF ITEMS FROM SELLER TO BUYER, AND NOTHING IN THIS AGREEMENT SHALL MODIFY THE GOVERNING PROVISIONS OF CALIFORNIA COMMERCIAL CODE # 2401(2) GOVERNING WHEN LEGAL OWNERSHIP OF AN ITEM IS TRANSFERRED DIRECTLY TO THE BUYER BY THE SELLER. WE DO NOT CONTROL OR GUARANTEE THE ACCURACY, FAIRNESS, QUALITY, QUANTITY, SAFETY, CONDITION, OR LEGALITY OF ANY ITEM LISTED ON OUR SITE. WE ARE NOT RESPONSIBLE FOR ANY FAILURE TO PAY; ANY FAILURE TO DELIVER, ANY DEFECTS, OR ANY WARRANTIES. WE ARE NOT RESPONSIBLE FOR AGREEMENTS OR DISAGREEMENTS BETWEEN SELLERS AND BUYERS OR ANY THIRD PARTY. WE ARE NOT RESPONSIBLE FOR THE REPUTATION OF ANY SELLER DUE TO OUR CUSTOMER FEEDBACK SYSTEM.

Refunds

Because we are designed solely to provide an online marketplace venue, refund policies or their interpretations of any item transactions are between the buyer and seller, and Main Street Fair has no refund liability whatsoever.

Outage Refunds

Should our Site experience a hard outage for more than one and less than three hours or less, we will provide a 72-hour listing extension for the following listings:

Any listing scheduled to commence during the outage;
Any listing scheduled to commence in the hour after the outage subsides and operations resume;
Any monthly subscriptions will be given a three-day free, prorated credit based on a 31-day month.

Should our Site experience a hard outage of three hours or more, we will automatically extend the above listings for 120 hours. Should technical difficulties arise making our Site inoperable for title searches for one hour or more, we will provide a 24-hour listing extension for each hour the title search is inoperable for sellers whose product sales are affected for the following listings:

Any listing scheduled to end during the outage
Any listing scheduled to end in the three hours after the end of the outage

In such a case, Main Street Fair will not reimburse for final sales, which may be referred to as "Buy Now", "Sold!", "Buy at Fixed Price", "Buy it!" or "I'll take it!" fees paid to Main Street Fair.

Legal Notices & Privacy Policies

You acknowledge and agree that you have read, understand, and agree to the Legal Notices, which are incorporated into this Agreement. You also acknowledge and agree that you have read, understand and agree to the Privacy Policies, Seller Rules, and Buyer Rules as displayed on our Site.

Your Submissions (other than your Listings)

Any information, questions, comments, feedback, or other submissions to our Site that you provide to us in connection with our Site ("Submissions") shall be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. We have the right to use any ideas, concepts, know-how or techniques that you send us for all commercial and non-commercial purposes. You hereby waive all moral rights you may have in any Materials uploaded by you.

Outside Links

Our Site contains links to other third party Internet sites. Selection of a banner or link may redirect you off of our Site to a third party website. Interactions that occur between you and the third party website are strictly between you and such third party and are not our responsibility or liability. We have no control over such third party websites and are not responsible for examining or evaluating and do not warrant the offerings of any of these businesses or individuals or the content of their websites. We do not assume any liability or responsibility for the actions, product, availability or content of third party websites. You should direct any concerns regarding any external link to a third party website to the webmaster of such third party website.

No Agency

We are not made an agent or partner of yours by this Agreement.

Representations & Warranties

You represent, warrant and covenant (a) that you are at least 18 years old; and (b) that no materials of any kind submitted by you or our use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations.

Indemnification

YOU HEREBY INDEMNIFY, DEFEND (WITH COUNSEL ACCEPTABLE TO US), AND HOLD US AND OUR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS, AND OUR INDEPENDENT CONTRACTORS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS, IN CONNECTION WITH (1) ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT, (2) THE FOREGOING REPRESENTATIONS, WARRANTIES AND COVENANTS, OR (3) ANY TRANSACTION ON OUR SITE IN WHICH YOU WERE A SELLER OR BUYER. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects our rights without our prior written approval.

Disclaimer of All Warranties

OUR SITE AND ANY MATERIALS PROVIDED BY US OR THIRD PARTIES THROUGH OUR SITE ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS OR INFORMATION PROVIDED THROUGH OUR SITE. WE DO NOT GUARANTEE THAT YOUR ACCESS TO, OR USE OF OUR SITE, WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE. OUR OUTAGE REFUND POLICY IS STATED ABOVE. Otherwise, you hereby acknowledge that the use of our Site is at your sole risk as between us.

Limitations of Liability, Release & Indemnity

WE SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF OUR SITE OR ANY OF THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY US OR THIRD PARTIES THROUGH OUR SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF OUR SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BY USING OUR SITE, YOU HEREBY RELEASE, AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR CAUSES OF ACTION FOR BODILY INJURY, DEATH, ILLNESS, DISEASE OR OTHER DAMAGE OF ANY KIND TO ANYONE, OR TO ANY PROPERTY WHICH ARE RELATED TO, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITE.

You specifically 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. This release is intended to be as broad and inclusive as is permitted by applicable law. If any provision or part hereof is held invalid, you agree that the remainder hereof shall continue in full force and effect. Notwithstanding anything stated above, our aggregate liability to you or any third parties in any event is limited to the amount paid, if any, by you to us for our Site services to you to the fullest extent permissible under applicable law.

Miscellaneous Provisions

This Agreement has been made in and shall be construed and enforced in accordance with California law as it applies to agreements entered into and to be performed entirely within California between California residents without regard to any conflict of law provisions. Subject to the Disputes provision, below, any action to enforce this Agreement shall be brought in the federal or state courts located in Orange County, California, and you agree to personal jurisdiction by, extra-territorial service of process from, and venue in the state and federal courts of the State of California. YOUR USE AGREEMENT AND ANY OTHER TERMS, CONDITIONS, AND NOTICES REFERENCED ELSEWHERE IN OUR SITE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US WITH RESPECT TO YOUR ACCESS AND USE OF SITE, AND NO CHANGE IN, MODIFICATION OF OR ADDITION, AMENDMENT OR SUPPLEMENT TO THIS AGREEMENT SHALL BE VALID UNLESS SET FORTH IN WRITING AND SIGNED AND DATED BY BOTH OF THE PARTIES HERETO. If any part or provision of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable part or provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, otherwise, such part or provision will be stricken, and the remaining parts and provisions shall remain in full force and effect. We may assign this Agreement. Nothing contained in this Agreement shall be construed as conferring any license or right to any copyright or other intellectual property rights in relation to any Site Content. You may not export, copy, modify, or re-transmit any Content other than that provided by you in violation of any applicable domestic and/or international law and regulation (civil, criminal, external trade and military) without exception or limitation.

Disputes

In the event of a dispute related to this Agreement, excepting pursuit of equitable relief, small claims actions, or actions involving only undisputed sums, the parties shall use the alternative dispute resolution procedures set forth in the Alternative Dispute Resolution Protocol in lieu of court action. If any party commences a court action based upon a dispute without compliance with the alternative dispute resolution procedures set forth in the Alternative Dispute Resolution Protocol, then that party shall not be entitled to recover attorneys fees and legal costs for that or any further proceeding, even if they would otherwise be available to that party. If a party fails to timely perform any step of the Alternative Dispute Resolution Protocol, then the other party may immediately commence a court action for such dispute and recover its attorneys fees and legal costs for that or any further proceeding.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our Site:

Seller Rules: site address TBD
Buyer Rules: site address TBD
Prohibited, Questionable & Infringing Item Policy - Site address TBD

Contact Us for any Reason

If you have any questions about this Agreement or our Site, or if you believe that your copyright, trademark, or other rights have been violated, or if you notice Site problems, offensive content, or policy violations, please contact us by email at: admin@mainstreetfair.com.

Official correspondence must be sent via postal mail to: Main Street Fair, 31441 Santa Margarita Pkwy., Suite A271, Rancho Santa Margarita, CA 92688. We may give you official correspondence either by mail or email to the latest address or email address provided to us by you.

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