Terms of Use
The Terms are a legally binding contract between the Vendor and Yidtsy.
Privacy:
In the course of providing the Services, Yidtsy collects or receives the Vendor’s personal
information in a few different ways. Yidtsy obtains personal information directly from the
Vendor, indirectly based on the Vendor’s activity and interaction with the Services or from the
device or browser used to access the Services, and from third party advertising and marketing
partners.
Both Yidtsy and Vendors process members’ personal information (for example, buyer name and
shipping address) and are therefore considered separate and independent data controllers of
buyers’ personal information. That means that each party is responsible for the personal
information it processes in providing the Services. For example, if a Vendor accidentally
discloses a buyer’s name and email address when fulfilling another buyer’s order, the Vendor,
not Yidtsy, will be responsible for that unauthorized disclosure.
If, however, Yidtsy and Vendors are found to be joint data controllers of buyers’ personal
information, and if Yidtsy is sued, fined, or otherwise incurs expenses because of something that
the Vendor did as a joint data controller of buyer personal information, the Vendor agrees to
indemnify Yidtsy for the expenses Yidtsy incurs in connection with the Vendor’s processing of
the buyer’s personal information.
Yidtsy Account:
1. The Vendor must be 18 years or older to use the Services. Minors under 18 and at least
13 years of age are only permitted to use the Services through an account owned by a
parent or legal guardian with their appropriate permission and under their direct
supervision. Children under 13 years are not permitted to use Yidtsy or the Services. The
Vendor is responsible for any and all account activity conducted by a minor on the
Vendor’s account.
2. Provide accurate information. It’s prohibited to use false information or impersonate
another person or company through any Yidtsy account.
3. Choose an appropriate name. If the Vendor decides to not have the Vendor’s full name to
serve as the name associated with the Vendor’s account, the Vendor may not use
language that is offensive, vulgar, infringes someone’s intellectual property rights, or
otherwise violates the Terms.
4. The Vendor is solely responsible for the Vendor’s account and any activity on the
Vendor’s account. If the Vendor is sharing an account with other people, then the person
whose financial information is on the account will ultimately be responsible for all
activity. If the Vendor is registering as a business entity, the Vendor personally
guarantees that the Vendor has the authority to agree to the Terms on behalf of the
business. Also, Vendors’ accounts are not transferable.5. Password Protection. As mentioned above, the Vendor is solely responsible for any
activity on the Vendor’s account, so it is important to keep the account password secure.
6. The Terms do not create any agency, partnership, joint venture, employment, or
franchisee relationship between the Vendor and Yidtsy.
Content:
Content that the Vendor posts using the Services is the Vendor’s content. Yidtsy does not make
any claim to the posts (for example, shop names, profile pictures, listing photos, listing
descriptions, reviews, comments, videos, usernames, etc.).
1. Responsibility for the Vendor’s Content. The Vendor is solely responsible for the
Vendor’s Content, including any infringement or violation of any third party’s rights by
posting the Content.
2. Posting Content. By posting the Content, the Vendor grants Yidtsy a non-exclusive,
worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display,
edit, modify, reproduce, and store the Content for advertising, promotional, and display
purposes. This allows Yidtsy to provide the Services and to promote Yidtsy, the Yidtsy
shop, or the Services in general, in any formats and through any channels, including
across any Yidtsy Services, Yidtsy’s partners, or a third-party website or advertising
medium. The Vendor agrees not to assert any moral rights or rights of publicity against
Yidtsy for using the Content. Notwithstanding the foregoing, in no event shall Yidtsy, or
any Yidtsy partners or third-party websites or advertising media sell the Content for its or
their own account.
3. Reporting Unauthorized Content. Yidtsy has great respect for intellectual property rights
and is committed to following appropriate legal procedures to remove infringing content
from the Services. If content that the Vendor owns or has rights to has been posted to the
Services without the Vendor’s permission and the Vendor wants it removed, the Vendor
is responsible to email Yidtsy at yid.tsy@gmail.com. If the Content is alleged to infringe
another person’s intellectual property, Yidtsy will take appropriate action, such as
disabling it if Yidtsy receives proper notice or terminating the Vendor’s account if the
Vendor is found to be a repeat infringer. Yidtsy will notify the Vendor by email if any of
that happens.
4. Inappropriate, False, or Misleading Content. There are certain types of content that
Yidtsy does not want posted on Yidtsy’s Services (for legal reasons or otherwise). The
Vendor agrees to not post any content that is abusive, threatening, defamatory, obscene,
vulgar, or otherwise offensive. The Vendor also agrees not to post any content that is
false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Furthermore, Yidtsy reserves the right to determine whether an item, description, or
comment is in accordance with Jewish Law or the spirit of Yidtsy. If Yidtsy finds an
item, description, or comment to violate the Terms, Yidtsy is able to remove the item,
description, or comment or ban the Vendor from the Yidtsy website. See Termination
below for more details.
5. External information. Yidtsy prohibits the Vendor from providing links or other
information to the Buyer on how to access the Vendor through means other than on
Yidtsy. This includes, but is not limited to, websites, social media accounts, email
addresses, or phone numbers.Services:
License to Use the Services. Yidtsy grants the Vendor a limited, non-exclusive, non-transferable,
and revocable license to use the Services—subject to the Terms and the following restrictions in
particular:
1. The Vendor agrees to not violate any laws in connection with the Vendor’s use of the
Services. This includes any local, state, federal, and international laws that may apply.
2. Yidtsy shall charge the Vendor a commission on any sales the Vendor makes through
Yidtsy’s Services. Commencing twelve months after the effective date of this
Agreement, the Vendor shall also pay Yidtsy a fee of $0.25 for each post the Vendor
makes on Yidtsy’s Services. The Vendor is responsible for paying all fees that the
Vendor owes to Yidtsy. Except otherwise specified, the Vendor is also solely responsible
for collecting and/or paying any applicable taxes for any purchases or sales the Vendor
makes through our Services.
3. The Vendor agrees not to interfere with or try to disrupt the Services.
4. The Vendor grants Yidtsy permission to send information to the Vendor electronically,
and that the Vendor’s electronic agreement is the same as the Vendor’s signature on
paper.
Vendor Obligations:
1. The Vendor agrees to ship the Product within the time-frame given. If not notified of a
time-frame, the Product should be shipped to the Buyer within 14 days.
2. If the Vendor does not specify the shipping category in the Product customization, the
Vendor agrees to ship the Product to the Buyer free-of-charge and at the Vendor’s
expense.
3. Vendor understands that shipping is currently to the United States only. This may change
at a later date to more countries.
4. The Vendor agrees to gift-wrap the Product prior to shipping it to the Buyer if the Buyer
requests gift-wrap.
Termination:
Termination by the Vendor. The Vendor may terminate the Vendor’s account with Yidtsy at any
time from the Vendor’s account settings. Terminating an account will not affect the availability
of some of the Content that the Vendor posted through the Services prior to termination. The
Vendor will still be required to pay any outstanding bills after the Vendor’s account is
terminated.
Termination by Yidtsy. Yidtsy may terminate or suspend the Vendor’s account (and any
accounts Yidtsy determines are related to the Vendor’s account) and the Vendor’s access to the
Services should Yidtsy have reason to believe the Vendor, the Vendor’s Content, or the Vendor’s
use of the Services violate the Terms. Generally, Yidtsy will notify the Vendor that the account
has been terminated or suspended, unless the Vendor repeatedly violated the Terms or Yidtsy has
legal or regulatory reasons preventing Yidtsy from notifying the Vendor.If the Vendor or Yidtsy terminates the Vendor’s account, the Vendor may lose any information associated with the Vendor’s account, including the Content.
Yidtsy May Discontinue the Services. Yidtsy reserves the right to change, suspend, or
discontinue any of the Services at any time, for any reason, including those laid out in Yidtsy’s
policies under the Terms. Yidtsy will not be liable to the Vendor for the effect that any changes
to the Services may have on the Vendor, including the Vendor’s income or ability to generate
revenue through the Services. Furthermore, Yidtsy reserves the right to remove any account,
product, or post at any point in time for any reason.
Survival. The Terms will remain in effect even after the Vendor’s access to the Service is
terminated, or the Vendor’s use of the Service ends.
Indemnification:
If Yidtsy gets sued because of the Vendor’s wrongdoing, the Vendor agrees to defend and
indemnify Yidtsy from any legal claim or demand (including reasonable attorney’s fees) that
arises from the Vendor’s actions, use (or misuse) of the Services, breach of the Terms, or
infringement of someone else’s rights.
Yidtsy reserves the right to handle Yidtsy’s legal defense however Yidtsy see fit, even if the
Vendor is indemnifying Yidtsy, in which case the Vendor agrees to cooperate with Yidtsy
whichever strategy Yidtsy chooses to execute.
If the Vendor gets sued because of Yidtsy’s wrongdoing and/or negligence, the Vendor is
responsible for all fees the Vendor incurs as a result of Yidtsy’s wrongdoing and/or negligence.
Yidtsy reserves the right to help defend and indemnify the Vendor from the legal claim or
demand that arises from Yidtsy’s actions, use (or misuse) of the Services, breach of the Terms,
or infringement of someone else’s rights. Yidtsy reserves the right to determine how Yidtsy will
help the Vendor in the Vendor’s defense, regardless of which strategy the Vendor wishes to
execute. Yidtsy will be monetarily responsible for Yidtsy’s position in assisting the Vendor for
the Vendor’s defense. Yidtsy may choose not to help the Vendor for the Vendor’s defense.
Disputes with Other Users:
If the Vendor finds itself in a dispute with another user of Yidtsy’s Services or a third party, the
Vendor is encouraged to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on
our websites may appeal to Yidtsy for assistance. Yidtsy will attempt to help you resolve
disputes in good faith and based solely on Yidtsy’s interpretation of the Policies; Yidtsy will not
make judgments regarding legal issues or claims. Yidtsy has no obligation to resolve any
disputes.Jewish Court of Law. The Vendor agrees that in the event of a dispute with another Vendor,
neither parties will bring another party to a Jewish court of law (Beit Din). The Vendor also
agrees not to bring any Buyer to a Jewish court of law.
Release of Yidtsy. The Vendor releases Yidtsy from any claims, demands, and damages arising
out of disputes between the Vendor and other users or parties.
Disputes with Yidtsy:
Governing Law. The Terms are governed by the laws of the State of New Jersey, without regard
to its conflict of laws rules and the laws of the United States of America. These laws will apply
no matter which state the Vendor lives in.
Changes to the Terms:
Yidtsy may update the Terms from time to time. If Yidtsy believes that the changes are material,
the Vendor will be notified by email about the changes. This way, the Vendor can decide
whether to continue using the Services. Changes will be effective upon the posting of the
changes unless otherwise specified. The Vendor is responsible for reviewing and becoming
familiar with any changes. The Vendor’s use of the Services following the changes constitutes
the Vendor’s acceptance of the updated Terms.
Liability limits:
To the fullest extent permitted by law, neither Yidtsy, nor Yidtsy’s employees or directors shall
be liable to the Vendor 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 the
Terms. In no event shall Yidtsy’s aggregate liability for any damages exceed the greater of one
hundred ($100) US dollars (USD) or the amount the Vendor paid Yidtsy in the past twelve
months. Some jurisdictions do not allow limitations on incidental or consequential damages, so
the above limitations may not apply to some Vendors.
Other:
The Terms, including all the policies that make up the Terms, supersede any other agreement
between the Vendor and Yidtsy regarding the Services. If any part of the Terms is found to be
unenforceable, that part will be limited to the minimum extent necessary so that the Terms will
otherwise remain in full force and effect. Yidtsy’s failure to enforce any part of the Terms is not
a waiver of Yidtsy’s right to later enforce that or any other part of the Terms. Yidtsy may assign
any rights and obligations under the Terms. Any policy written on Yidtsy.com is included in the
Terms, even if not listed in the Terms.