Terms & Conditions

TERMS OF USE

Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by Modern · Heirloom. The Agreement sets out the legally binding terms and conditions for your use of the website at mdnheirloom.com (the "Site") and all services provided by Modern · Heirloom on the site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies reffered to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

If you have any questions, please refer to the Help section of the Site.

WHAT IS Modern · Heirloom?

The ethos of Modern · Heirloom is to provide a platform to support emerging and established designers. Modern · Heirloom is a fashion and lifestyle website which provides a platform for designers to present and sell their own label.

Modern · Heirloom exists to meet the needs of a very specific customer segment by providing a place to discover unique, original and high quality products from emerging and established designers. We reserve the right to remove sellers that do not fall within this framework at any time.

Modern · Heirloom champions the importance of quality and uniqueness. Modern · Heirloom supports independent labels that are small businesses; and supports multi-brand stores that may possibly have their own store and are looking to diversify their selling options. In essence we support sellers that have a legitimate business and are taking fashion and lifestyle seriously.

Modern · Heirloom supports creativity and small businesses. Modern · Heirloom champions sellers that physically own their stock and utilises original content, pictures and media to present a brand led experience.

We do not support the drop shipping business model . If a seller is thought to be running their business as a drop shipper then Modern · Heirloom at its own discretion may remove that seller’s account(s) from the site without notice or prior warning to the seller and shall take any measures it deems necessary to ensure that subsequent drop shipping accounts are not opened on the Site.

Modern · Heirloom permits sellers to list mobile phone cases and selected stationery/lifestyle items to complement their clothing and/or accessory ranges. Designs must be appropriate to Modern · Heirloom obsessive to detail customer. The Marketplace Review Team reserve the right to remove any listing which they feel does not meet this criteria. Phone cases: If making reference to third parties intellectual property rights, you must ensure that their intellectual property rights are used only where it is necessary to indicate the intended purpose of the mobile phone case, in accordance with intellectual property law.

MODERN · HEIRLOOM IS A VENUE

Modern · Heirloom acts as a venue to allow users, who comply with this agreement. Modern · Heirloom 's policies to offer, sell and buy certain fashion and lifestyle goods within a fixed-price format. Modern · Heirloom is not directly involved in the transactions between buyers and sellers. As a result, Modern · Heirloom has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Modern · Heirloom does not pre-screen content or information provided by users. Modern · Heirloom cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, Modern · Heirloom cannot and does not transfer legal ownership of items from the seller to the buyer.

Modern · Heirloom cannot guarantee the true identity, age, and nationality of a user and encourages you to communicate directly with potential transaction partners through the tools available on the Site and asks that you do not arrange to meet users from the Site in person.

You agree that Modern · Heirloom is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Modern · Heirloom. You use Modern · Heirloom service at your own risk.

MEMBERSHIP ELIGIBILITY

Age: Modern · Heirloom services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.

You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

Modern · Heirloom may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by Modern · Heirloom's policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Modern · Heirloom, each of which is incorporated herein by reference and each of which may be updated by Modern · Heirloom from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions published by Modern · Heirloom from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Seasonal Phasing: Modern · Heirloom reserves the right to temporarily remove brands at any time should products be deemed by Modern · Heirloom unsuitable for the current season.

Don’t worry, Modern · Heirloom will first consult and discuss with you before removing your brand for such reasons and will also discuss how and when to reinstate your brand at a later date. If Modern · Heirloom has made reasonable attempts to contact you to discuss removing your brand without success, it may remove your brand without further notice.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality.

You agree to immediately notify Modern · Heirloom of any unauthorised use of your password or any breach of security. You also agree that Modern · Heirloom cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Modern · Heirloom without Modern · Heirloom's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address. To sell items on Modern · Heirloom you must provide and maintain a valid PayPal business account and postal address.

Account Transfer: You may not transfer or sell your Modern · Heirloom account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Account Ownership: Modern · Heirloom DESIGNERS may only hold and operate one active selling account at any one time and the selling account must only be operated by the named account holder. If a secondary account is required then the DESIGNERS must request prior written permission from Modern · Heirloom. Modern · Heirloom reserves the right to reject any such request and may, at its discretion, terminate additional selling accounts or selling accounts being operated by a person other than the named account holder without prior warning.

Feedback: Modern · Heirloom Marketplace takes feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Marketplace team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.

Right to Refuse Service: Modern · Heirloom reserves the right to refuse service to anyone at any time. Modern · Heirloom's services are not available to temporarily or indefinitely suspended Modern · Heirloom members. Modern · Heirloom reserves the right, in Modern · Heirloom's sole discretion, to cancel unconfirmed or inactive accounts.

Launch within 90 Days: If your application to become a seller on Modern · Heirloom is approved, you must launch your brand within 90 days of submitting your application. Failure to do so will result in your account being deemed inactive. If you wish to launch your brand after this time you will need to re-apply and start the application process again regardless of previous application success.

FEES AND SERVICES

Modern · Heirloom charges a percentage of the sale price when the item sells. Modern · Heirloom's Features and Fees are subject to change, are incorporated into this Agreement by reference. Increase to the Features & Fees for Modern · Heirloom’s services are effective after Modern · Heirloom provides you with at least thirty (30) days' notice by posting the changes on the Site. However, Modern · Heirloom may choose to temporarily change the Features & Fees for its services for promotional events; such changes are effective when Modern · Heirloom posts the temporary promotional event on the Site. Modern · Heirloom may decrease the fees as stated in the Features & Fees with no notice to you. Modern · Heirloom may, at its sole discretion, change some or all of Modern · Heirloom's services at any time. In the event Modern · Heirloom introduces a new service, the fees for that service are effective at the launch of the new service. Unless otherwise stated, all fees are quoted in USD.

Seller accounts must stay up-to-date with all fees owed or the account may be suspended until all outstanding fees are paid in full. Commission on Stripe-funded orders is deducted at point of sale. In the event that a seller’s product count falls to zero their seller storefront will no longer show on site. A seller account can be closed or downgraded at any time and it is the responsibility of the seller to manually terminate their status from their Account Status page.

You are responsible for paying all fees and applicable taxes associated with using Modern · Heirloom. Modern · Heirloom keeps accepted payment information in accordance with its Privacy Policy. If fees are due to Modern · Heirloom then we will be invoice the seller for the amount due that month. This amount will be taken automatically by Modern · Heirloom from the seller’s registered PayPal account 2 working days later.

All fees are inclusive of U.S. TAX where applicable. In certain circumstances fees will not be subject to U.S. TAX but you may be liable to indirect taxes in your own country. Modern · Heirloom recommends that you research whether you are liable to declare such taxes to the relevant tax authorities. A valid tax identification number is required from U.S. sellers. A valid VAT identification number is required from EU sellers who are VAT-registered. EU sellers are liable to notify Modern · Heirloom of any change in VAT status.

Fees and Termination: If Modern · Heirloom terminates a listing or your account, if you close your account, or if the payment of your Modern · Heirloom fees cannot be completed for any reason, you remain obligated to pay Modern · Heirloom for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full, the seller risks penalties such as the suspension of privileges, termination of the account and/or legal action. If you have a question or wish to dispute a charge, contact Modern · Heirloom.

LISTING AND SELLING

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Modern · Heirloom's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. You must not list an item more than once, unless the item’s listing has naturally expired. If the "in stock" quantity is more than one, all items in that listing must be identical with the only exception being minor variations arising from items being hand-finished which must be included on the listing.

Binding Sale: All sales are binding. The seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the buyer within the agreed period, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Modern · Heirloom's transaction fees, misrepresent the item's location, or use another user's account without permission. Sellers may not encourage buyers to purchase an item listed on Modern · Heirloom outside of the Modern · Heirloom site, such as directly through PayPal or other third-party providers. This may also constitute fee avoidance.

Site Currency Conversion Tool: We provide a currency converter tool to allow you to see an approximate cost in selected currencies. The currency data is regularly updated from multiple sources to create one guideline rate. This guidance rate may differ to that offered by PayPal or your card provider. The correct billing amount in USD will always be displayed before you enter your payment details.

Promotional Codes: Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing seller’s brand only. Promotional codes have no cash value and cannot be exchanged for money or credit. Sellers are expressly prohibited from selling promotional codes for their brands and/or Modern · Heirloom. If the Seller is found to be selling promotional codes this may constitute fee avoidance.

Badge use: If a Seller would like to use the “Find me on Modern · Heirloom” badge to advertise and promote their listing on Modern · Heirloom, they will need to Modern · Heirloom’s prior written permission to do so. Please contact your account manager for more information.

PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

You are solely responsible for your conduct and activities on and regarding to Modern · Heirloom and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Modern · Heirloom Copyright Policy.

Restricted Activities: Your Content and your use of Modern · Heirloom:

Must not be false, inaccurate or misleading
Must not be fraudulent or involve the sale of illegal, counterfeit or stolen items
Must not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Modern · Heirloom's Copyright Policy)
Must not breach this Agreement, any site policy or community guidelines, or any applicable law or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Must not contain items that have been identified as hazardous to consumers
Must not be defamatory, libellous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Modern · Heirloom staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Must not be obscene
Must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information
Must not modify, adapt or hack Modern · Heirloom or modify another website so as to falsely imply that it is associated with Modern · Heirloom;
Must not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or other policy documents as posted on Modern · Heirloom.

Furthermore, you must not list any item on Modern · Heirloom (or conclude any transaction that was initiated using Modern · Heirloom's service) that, by paying to Modern · Heirloom a commission fee, could cause Modern · Heirloom to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

CONTENT

License: Modern · Heirloom does not claim ownership rights in your Content. You grant Modern · Heirloom a license solely to enable Modern · Heirloom to use any information or Content you supply Modern · Heirloom with so that Modern · Heirloom is not violating any rights you might have in that Content. You grant Modern · Heirloom a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Modern · Heirloom to store or re-format your Content on Modern · Heirloom and display your Content on Modern · Heirloom in any way as Modern · Heirloom chooses. Modern · Heirloom will only use personal information in accordance with Modern · Heirloom's Privacy Policy.

By uploading Content to Modern · Heirloom you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Modern · Heirloom receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate Modern · Heirloom for any loss suffered. Modern · Heirloom reserves the right to remove any such Content immediately.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Modern · Heirloom user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Modern · Heirloom - related communications. Modern · Heirloom has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Modern · Heirloom user to your email or physical mail list. For more information, see Modern · Heirloom's Privacy Policy.

By uploading brand images to Modern · Heirloom's, you agree that Modern · Heirloom has the right to use your images to promote Modern · Heirloom and/or your store in any external press as well as across all Modern · Heirloom social media channels.

Re-Posting Content: By posting Content on Modern · Heirloom, it is possible for an outside website or a third party to re-post that Content. You agree to hold Modern · Heirloom harmless for any dispute concerning this use. If you choose to display your own Modern · Heirloom-hosted image on another website, the image must provide a link back to its listing page on Modern · Heirloom.

Idea Submissions: Modern · Heirloom considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Modern · Heirloom shall not be liable for the disclosure or use of such Material. If, at Modern · Heirloom's request, any member sends Material to improve the site (for example to customer support), Modern · Heirloom will also consider that Material to be non-confidential and non-proprietary and Modern · Heirloom will not be liable for use or disclosure of the Material. Any communication by you to Modern · Heirloom is subject to this Agreement.

You hereby grant and agree to grant Modern · Heirloom, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING

Users are solely responsible for interactions with others. Users understand that Modern · Heirloom does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Messaging is your way to communicate privately with other Modern · Heirloom members. It’s essentially email, but purely for Modern · Heirloom members. Messages are primarily intended for communicating about transactions and orders that are underway.

You must not use Messages to send unsolicited advertising or promotions, request samples, loans, donations or "spam”. You must not pass on email addresses or any other information on to third parties.
Spamming other sellers in order to ask them to ‘follow’ your own store will not be tolerated.
Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details.
You must not use messages to knowingly harass, threaten, blackmail or abuse another member.
If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction.
You must not use Messages to interfere with a transaction. This means…
- You must not contact another member to buy or sell an item listed on Modern · Heirloom outside of the Modern · Heirloom site. This may also constitute fee avoidance.
- You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or item.

As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact The Marketplace Team who will review account activity and enable your account if spam-free.

INFORMATION CONTROL

Modern · Heirloom does not control the Content provided by users that is made available on Modern · Heirloom. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretences.

Additionally, there may also be risks dealing with international trade. By using Modern · Heirloom, you agree to accept such risks and that Modern · Heirloom (and Modern · Heirloom's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Modern · Heirloom. Please use caution, common sense, and practice safe buying and selling when using Modern · Heirloom.

Other Resources: Modern · Heirloom is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Modern · Heirloom does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Modern · Heirloom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.

RESOLUTION OF DISPUTES AND RELEASE

In the event a dispute arises between you and Modern · Heirloom, please contact Modern · Heirloom.

Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of United States Federal Court. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

Should you have a dispute with one or more users, or an outside party, you release Modern · Heirloom (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Modern · Heirloom, for the benefit of users, may try to help users resolve disputes, at their request. Modern · Heirloom does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Modern · Heirloom attempts to resolve a dispute it will do so in good faith based solely on this agreement and its policies.

For transactions completed by PayPal: Modern · Heirloom will not make judgements regarding legal issues or claims and all disputes related to financial transactions will ultimately be determined by PayPal.

For transactions completed by Stripe: Modern · Heirloom will not make judgements regarding legal issues or claims. Modern · Heirloom will only intervene when a seller does not resolve a financial transaction which they are rightfully obliged to, in line with these terms and conditions.

MODERN · HEIRLOOM'S INTELLECTUAL PROPERTY

Modern · Heirloom, and other Modern · Heirloom graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Modern · Heirloom LLC and its subsidiaries. Modern · Heirloom's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

BREACH

Without limiting any other remedies, Modern · Heirloom may, without notice, and without refunding any fees, delay or immediately remove Content, warn Modern · Heirloom's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Modern · Heirloom suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein.
Modern · Heirloom is unable to verify or authenticate any of your personal information or Content
Modern · Heirloom believes that a user is acting inconsistently with the letter or spirit of Modern · Heirloom's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Modern · Heirloom or the actions may cause legal liability or financial loss to Modern · Heirloom's users or to Modern · Heirloom.

PRIVACY

Except as provided in Modern · Heirloom's Privacy Policy Modern · Heirloom will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

NO WARRANTY

MODERN · HEIRLOOM, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS PROVIDE MODERN HEIRLOOM'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MODERN · HEIRLOOM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MODERN · HEIRLOOM SHALL CREATE ANY WARRANTY.

LIABILITY LIMIT

IN NO EVENT SHALL MODERN · HEIRLOOM, AND (AS APPLICABLE) ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MODERN · HEIRLOOM’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

MODERN · HEIRLOOM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MODERN · HEIRLOOM'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MODERN · HEIRLOOM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) 100.

INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD MODERN · HEIRLOOM AND (AS APPLICABLE) MODERN · HEIRLOOM’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

NO GUARANTEE

Modern Heirloom does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Modern Heirloom's control or otherwise.

LEGAL COMPLIANCE AND TAXES

You shall comply with all applicable domestic and international laws and regulations regarding your use of the Site and any Modern Heirloom service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site.

SEVERABILITY

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

NO AGENCY

You and Modern Heirloom are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

MODERN HEIRLOOM SERVICE

Modern Heirloom reserves the right to modify or terminate the Modern Heirloom service for any reason, without notice, at any time. Modern Heirloom reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Modern Heirloom makes a material change Modern Heirloom will notify you here, by email, by means of a notice on our home page, or other places Modern Heirloom deems appropriate. What constitutes a "material change" will be determined at Modern Heirloom's sole discretion, in good faith, and using common sense and reasonable judgment.

CHOICE OF LAW

This Agreement shall in all respects be interpreted and governed by the laws of the United States.

SURVIVAL

Sections What is Modern Heirloom Is A Venue, Membership Eligibility, Fees And Services, Listing And Selling, Prohibited, Questionable And Infringing Items And Activities, Content, Information Control, Interactions With Other Users And Private Messaging, Resolution Of Disputes And Release,Modern Heirloom's Intellectual Property, Breach, Privacy, No Warranty, Liability Limit, Indemnity, No Guarantee, Legal Compliance; Taxes, Severability, No Agency, Modern Heirloom Service, Choice of Law, Survival, Notices, Disclosures shall survive any termination or expiration of this Agreement.

NOTICES

Except as explicitly stated otherwise, any notices shall be given by post to Modern Heirloom; 4510 Charlotte Avenue, Nashville TN 37209. or, in your case, to the email address you provide to Modern Heirloom (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Modern Heirloom may give you notice by post to the address provided to Modern Heirloom. In such case, notice shall be deemed given three days after the date of posting.

Please note that Modern Heirloom will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.

For issues with intellectual property, please provide the notice as specified in Modern Heirloom’s Copyright Policy.

DISCLOSURES

The services hereunder are offered by Modern Heirloom, LLC.