Discover and buy amazing goods The Perfect Mix

Fancy is the place for you to discover and buy amazing things curated by our global community.

  • Collect & Share Fancy your favorite items, and earn credit for sharing your collection with your friends.
  • Buy on Fancy One app. Thousands of stores. Millions of things.
  • Gift with Fancy Gift guides, Gift cards, Group gifts, Fancy Boxes and Recommendations

Shop Globally

Worldwide Shipping We deliver everywhere.

33 Languages Fancy is available in 33 languages and counting.

Same-Day Delivery Discover amazing products from local stores, hand-delivered to you the same day.

Currently available in 84 cities, 16 countries

Web, mobile and beyond

Fancy is available on your computer, smartphone, tablet, Smart TV, and Google Glass.

Download the Fancy app

Fancy what you find, and buy what you fancy!

JOIN FANCY
Share!

Fancy Affiliate Program Refer customers to Fancy and earn 10% credit

Sell Fancy products on your website or blog

Fancy Anywhere

Allow your audience to buy any product available on Fancy directly through your blog or website.

Find out more
Fancy Widget

Share your favorite Fancy products on your blog or website. Customize size and layout to best fit your site.

Find out more

Fancy for Businesses

Leverage Fancy’s infrastructure, growing customer base, and merchant tools to boost your sales.

The full-spectrum solution

Launch a robust and mobile-ready web store, manage orders, inventory and logistics and acquire new customers.

  • Customer Acquisition Access Fancy’s built-in network of 10+million shoppers through features in Fancy email promotions and shop placements. Use Fancy Anywhere to acquire new users outside of the Fancy platform.
  • Merchant Tools Powerful insights to help grow your business. See what’s selling where, when, and how. Manage incoming orders through your analytics dashboard.
  • Logistics You sell it, we'll ship it. Fancy will handle all aspects of order fulfillment on your behalf, providing the trusted service and fast shipping we've come to be known for.
  • Customer Service Fancy's customer care team will work with you and your customers to ensure that everything runs smoothly from start to finish.

Available everywhere

Fancy is available on your computer and all popular mobile platforms, so your customers can reach you anywhere from their favorite device.

Find out more

Storefront by Fancy

Join as a Merchant

Getting Started

Set up your shop page and learn how to use our tools to get the most out of Fancy.

Create a Shop Page

Create your shop page on Fancy to showcase your products and tell customers your story.

Join as a merchant If you need any help, don’t hesitate to contact us.
Start Selling

Our sales dashboard makes it easy for you to upload new products, track sales, manage inventory, create deals and organize your products.

Accept All Payment Methods

Let customers pay with VISA, MasterCard, and AMEX and accept Google Wallet and Bitcoin from the get-go.

Secure Transactions

All transactions are protected by SSL, which uses industry-standard 128-bit encryption technology.

Simple Shipping

Set up shipping options that suit you and your customers, with access to all major shipping carriers. Print your shipping label directly from your dashboard.

Build a Presence

Connect and engage with your audience to help grow your business. Reward loyal customers, build relationships with your followers, reach new people, and drive sales.

Use Fancy. Anywhere.

We know how important it is for your products to be available on a wide range of platforms and social media. Fancy Anywhere lets you sell products anywhere on the web.

Find out more

Include your products in a Fancy Box

Fancy Box gets your products to the doorsteps of paying customers all around the world.

Find out more

Gifting services

Offer gift cards and other treats through Fancy.

Find out more

Increase sales

Fancy's multi-channel distribution platform, easy seller management system and streamlined checkout process can help your business grow.

Multi-channel distribution platform

Fancy is available on your computer and all popular mobile platforms, making it easy for your customers to find you on their favorite device. Fancy Anywhere allows you to to acquire new users anywhere on the web, outside of the Fancy platform.

Streamlined checkout process

Convert more users with our quick and easy checkout process.

Easy order management

Get more orders in and out the door with our simple order management system.

Logistics tools

Use Fancy Warehouse to manage your global inventory and shipping needs.

Business Tools

Sell your products straight from your own blog or website with Fancy simple and effective tools. Use the Fancy button and widgets on your business website to connect your products to your Fancy brand page. Let users buy straight from your site with Fancy Anywhere.

Fancy Anywhere

Allow your audience to buy any product available on Fancy directly through your blog or website.

Find out more

Fancy Button

Add the Fancy Button to your business website and increase your brand exposure.

Find out more

Widgets

Bring the Fancy experience to your site, and tailor it to fit your needs.

Find out more

Success Stories

Brands tapping into our platform to grow their business.

Started in 2008 by Sam Means as an outlet for artists to manufacture and sell merchandise, without giving up their rights by signing major label-style merch contracts.

hellomerch.com Hello Merch on Fancy

The Challenge

Sam Means started Hello Merch as an outlet for artists to manufacture and sell merchandise online and on tour, without giving up their rights by signing major label-style merch contracts. The outlet was created, but Sam still faced the difficult task of reaching the same audience as major labels.

The Result

As soon as Sam started working with Fancy, he knew he made the right choice. Within hours of posting on the site, Fancy users could not get enough of Hello, and Sam saw unprecedented sales figures.

Crafted by Hand - Each Mujjo sleeve or touch screen glove is a reflection of mujjo's passion for beautiful and minimal design.

mujjo.com MUJJO on Fancy

The Challenge

Mujjo is passionate for beautiful and minimal design. They began by creating simple, yet beautiful touchscreen gloves. Their passion for beautiful and minimal design persisted, but they needed help taking their business to the next level.

The Result

Mujjo always knew that working with Fancy was a good idea, but they never expected the amount of success they have come to realize. After working with Fancy, Mujjo has burst onto the gadgets and accessories scene and now Mujjo is filling homes with their beautiful designs. Mujjo was able to start expanding beyond just gloves and now makes some of the most popular sleeves for Apple devices.

Hard graft. monie.ka and James. Austrian and English. We design lifestyle and tech accessories including iPhone cases, iPad cases and laptop bags for a living.

www.hardgraft.com Hardgraft on Fancy

The Challenge

Hard Graft began as a small UK based shop, but was not sure how to bring their stylish look to the world. They knew that their products would be popular outside the UK, but didn’t know how a small operation could reach the entire world.

The Result

Hard Graft knew that Fancy shipped worldwide, but didn’t realize how extensive Fancy’s international presence was. After taking a few minutes to get up and running on Fancy, Hard Graft became not just a UK phenomenon, but a worldwide sensation.

An exclusive lifestyle brand selling deluxe backpacks and accessories. Conceptualized for the consumer consistently on the go who carries his/her life in a bag.

sprayground.net Sprayground on Fancy

The Challenge

Sprayground's cutting edge design and elite boutique distribution has revolutionized the backpack industry. However, while Sprayground quickly became the go-to backpack for the stylish and daring, they wanted to reach cyber shoppers.

The Result

Joining Fancy expanded the reach of Sprayground and exposed the brand to an increased variety of fans. From the small town online shopper to the tech savvy celebrity, Fancy is the driving force behind the growth of Sprayground.

  • Snap photos Snap photos and add them to your personal catalog.
  • Instant notifications Choose to receive notifications when something you care about happens on Fancy.
  • Easy mobile checkout Buy awesome products on the go hassle-free.
  • Available in multiple languages Fancy is available in 33 languages and counting.

Shop, collect, and discover your favorite things on the go.

Fancy is available anywhere you find yourself, so you'll never have to worry about missing out on the coolest finds.

Same-Day Delivery

Discover amazing products from local stores, hand-delivered to you the same day. Available in 80+ cities worldwide.

Use Fancy to find products available for same-day delivery in your area.

Resources

Add to Fancy

Add your favorite things from any site to your Fancy catalog using our bookmarklet, browser extension or email.

Fancy it Bookmarklet

Fancy itClick and drag the Fancy it button to your browser's Bookmarks Bar.

Fancy itClick this button and choose "Add to Favorites" and create in the Favorites Bar.

The bookmarklet lets you save things and products from any site to your own Fancy catalog. Make sure your bookmarks are visible. Settings > Bookmarks > Show bookmarks bar (OR Ctrl+Shift+B) Settings > Tools > Always shows Bookmarks Bar Firefox button > Options > Bookmarks Toolbar

Fancy Browser Extension for Chrome

Fancy Button in your toolbar will help you to add the thing to your own personal catalog on Fancy. Click Add to Chrome below to add Fancy to your browser.

Add via Email

Simply attach a photo, enter the title as the subject and add a comment in the body.

Register your application

Our API is live, and we're accepting a limited number of applicants for the initial roll-out. Please fill out this form, and we'll notify you when your application has been approved.

Buttons & Widgets

Add Fancy buttons and widgets to let users shop directly on your website or blog. Earn cash and help users build their Fancy collection.

Fancy Button


Fancy button code
Copy and Paste the below code into your website. <a id="FancyButton" href="http://fancy.com/fancyit?Category=Mens">Fancy</a><script type="text/javascript">(function(){var id="fancy-btn",d=document,f=d.getElementsByTagName("script")[0];if(!d.getElementById(id)){var s=d.createElement("script");s.id=id;s.src="//fancy.com/fancyit.js";f.parentNode.insertBefore(s,f);}})();</script>
Fancy Widget

x

Fancy widget code
Copy and Paste the below code into your website.
Fancy Anywhere


PX x PX

Fancy button code
1. Insert this code into the <head> of your blog. <script src="//fancy.com/anywhere.js" id="fancy-anywhere"></script> 2. Create a code, copy and paste it as html.
Need help?
Find more information in our FAQ, or email our Support team.

Fancy Meta Tags

Meta tags added to your website provide us with information about your content. The tags can give the title, URL of images, categories and product descriptions.

Thing title
The fancy:name tag indicates the title of the thing. If this tag is omitted, Fancy uses the title of the web page. This can be replaced by og:title or twitter:title.
<meta property="fancy:name" content="New Balance Barbershop 999">
Images
The fancy:images tag contains the URL of the image to be displayed. Additional images can be provided by separating multiple URLs with semicolons. Each URL should contain its protocol and host name. This can be replaced by og:image or twitter:image .
<meta property="fancy:images" content="http://example.com/images/thing1.jpg;http://example.com/images/thing2.jpg">
Categories
The fancy:category provides your chosen category for the thing. If the page doesn't include this optional information, Fancy will use "Other" as the category. Available values are Mens, Womens, Kids, Pets, Home, Gadgets, Art, Food, Media, Architecture, travel-and-destinations, sports-and-outdoors, diy-and-crafts, Workspace, cars-and-vehicles and Other.
<meta property="fancy:category" content="Mens">
Description
The fancy:description is a short explanation for the thing. Fancy assumes the content is entity-encoded. This can be replaced by og:description or twitter:description.
<meta property="fancy:description" content="The limited edition New Balance Barbershop 999 Sneakers">

Brand Guidelines

Please follow these guidelines when using Fancy logos.

Fancy colors

  • #46A5E3
    R70 G165 B227
    C68 M25 Y2 K0
  • #3f434b
    R63 G67 B75
    C79 M72 Y62 K27
  • #ebeced
    R235 G236 B237
    C9 M7 Y6 K0

Do

  • Use the correct colors when using the Fancy logo or icon
  • Use the Fancy Grey Logo when using the logotype on a light background
  • Keep enough space around Fancy brand assets so they appear clean and uncluttered
  • Follow other Fancy terms and policies
  • Good
  • Good
  • Good

Don't

  • Alter colors of the logotype or icon
  • Rotate these marks
  • Add extraneous effects or obstruct them
  • Bad
  • Bad
  • Bad

Naming applications, products, or domains

Do
  • Name your website, product, or application with something unique
Don't
  • Use Fancy in the name of your website, application or product
  • Register a domain containing fancy, misspellings, transliterations or similar variations thereof
  • Apply for a trademark with a name including ‘Fancy’

Fancy Anywhere

Allow your audience to buy Fancy products embedded in the content you publish, and earn cash for every purchase.

Button Style

Simply embed our pre-made Buy with Fancy button, make your own button, or use the Fancy Widget to best suit your site.

How it works

Buy with Fancy button
Embed the 'Buy with Fancy' button on your blog or website.
Detailed Product Info
Visitors can access product descriptions and photos without ever leaving your site.
Quick and easy checkout
Checkout takes seconds and occurs on your site.
Earn cash for each purchase
Earn a commission every time a user completes a purchase on your site.

Showcases

See how others are using Fancy Anywhere on their sites.

Try Fancy Anywhere!

Create Now

Fancy Anywhere for

Fancy Anywhere allows your visitors to buy products on Fancy directly on your blog or website.

Button Style

Simply embed our pre-made Buy with Fancy button or make your own button which can suit best for your Tumblr.

  • Default button
  • Make your own
  • Fancy Widget

How it works

Buy with Fancy button
Embed the 'Buy with Fancy' button on your blog or website.
Product Info
Visitors can access product information directly on your site.
Quick and Easy Checkout
Users can checkout with Fancy without ever leaving your site.
Fancy Pay You for Each Order
Fancy fulfills each order and gives you Fancy credit.

Showcases

See how others are using Fancy Anywhere on their sites.

Try Fancy Anywhere!

Let your visitors buy Fancy stuff directly on your tumblr. Need help for custom code on tumblr?

Create Now

How to use Fancy on Glass

  • Explore Swipe to explore new products.
  • Buy with one Tap Select the item you want, and tap Buy!
  • Find matching things Take a photo, and Fancy Color Search will serve up similar products.

Browse and share your collection

Explore Fancy on the go. View things you have fancy'd and build your collection.

Fancy Glassware in action

Watch and learn how to build your collection and express your style.

  • Email us We’ll get back to you in less than 24 hours.
    Email Support
  • Chat with us Available Monday through Friday
    from 9 AM to 7 PM ET
    Start chat
  • Contact Info Call 917 746 9895
    96 Spring Street, Fifth Floor
    New York, NY 10012

Contact

  • Press & Editorial If you are a journalist and want to write about Fancy
    pr@fancy.com
  • Legal Department If you need to contact Fancy regarding an intellectual property matter
    legal@fancy.com
  • Human Resources For job inquiries, send a cover letter and resume to
    jobs@fancy.com
  • General Inquires For general questions about Fancy you are free to contact us
    hello@fancy.com
  • Business Inquires If you are running a business and want to be partner with Fancy
    cs@fancy.com
    Fancy for Business

Contact us

  • Email us Send us an email and we’ll get back to you in less than 24 hours.
    Email Support
  • Chat with us A member of the team is available to chat 24 hours a day, seven days a week.
    Start chat
  • Call us Available Monday through Friday
    from 9 AM to 6 PM ET
    (917) 746 9895

Get in touch with us

  • Press & Editorial If you are a journalist and want to write about Fancy
    pr@fancy.com
  • Legal Department If you need to contact Fancy regarding a legal matter
    legal@fancy.com
  • Human Resources View current open positions and apply here or send cover letter and resume to
    jobs@fancy.com
  • General Inquires For general questions about Fancy
    hello@fancy.com
  • Business Inquires If you are managing a business and want to partner with Fancy
    bd@fancy.com
    Fancy for Business
  • Fancy
    96 Spring Street
    New York, NY 10012
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Self Service Quick Links

Fancy 101

What is Fancy?

Fancy is the place to discover, collect and buy from a crowd-curated catalog of amazing goods, wonderful places and great stores.

Part store, magazine and wishlist, Fancy is the best place to buy great things. Use Fancy to find a gift for any occasion and share your favorite discoveries with all your friends.

How to sign up for Fancy

To sign up for Fancy, please go here.

You can also go the homepage (www.fancy.com) and hit the “Sign Up” button on the top menu bar.

You can register via Facebook, Google+, Twitter, or with an email address.

How to fancy an item

To fancy an item, scroll over the item you wish to fancy and click the “Fancy it” button that hovers over the image.

How to view items you have Fancy'd

To view items that you have Fancy’d, please select the “You” button located in the upper right hand corner of the page.

How to create and edit lists

To add an item you fancy to a list, scroll over the fancy button until it reads, “Edit”. Select the list(s) you want to add the image to or create a new list at the bottom.

When you are finished, click the blue “Add to Lists” button on the bottom right.

How to earn Fancy credit

Invite your friends and earn credits when they join. You can earn credit by inviting your friends to sign up for Fancy using your unique referral link. You will be rewarded with $1 for each friend that signs up using your referral link. In addition, you will receive a bonus $10 for every five friends that sign up. You will be rewarded with $10 for your first friend who makes a purchase and $15 for each additional friend that makes a purchase. For more info, go here.

You can also earn credit by sharing products with friends. By using the unique referral link found on each order page, you can earn 10% of the item total if the purchase is made using your referral link. To find the referral link, select “Share” on the item page. For more info, please email cs@fancy.com.

How to install the “Fancy It” button

To add things from other websites, get the Fancy button for your web browser:

If you're using Chrome, Safari or Firefox...

  • -Turn on your Bookmarks toolbar from the View menu.
  • -Drag this link to the toolbar:" Fancy it
Mobile

To get the mobile app for iPhone and iPad, check us out on the App Store.

To get the mobile app for Android phones and tablets, download it on Google Play.

To get the mobile app for Windows Phone, go here.

Follow Fancy

Like us on Facebook and follow us on Twitter and Instagram! #fancy

Can’t find what you’re looking for? Contact us

Profile & Account

How to change your profile picture

To change your profile picture, please go to here.

Please locate the “Picture” field. Click the “Choose Photo” button and then select “Browse” to browse your computer for your desired image. Once complete, click the “Upload Photo” button.

How to change your email address

To change your email address, please go to www.fancy.com/settings and enter your desired email address in the “Email” field.

Once complete, scroll down to the bottom of the page and click the “Save Changes” link. You will receive an email confirming the change shortly.

How to change your username

To change your username, please email our customer service team with your current username and your desired username. We will be sure to accommodate your request within one business day!

How to change your language

To change the display language, please go to the following link: www.fancy.com/settings/preferences

Locate the “Language” field and select an option from the drop-down menu. Make sure to click “Save Preferences” at the bottom once you have completed your selection!

How to reset your password

To reset your password, please go to the following link: www.fancy.com/forgot_password

Be sure to enter the email address associated with your Fancy account and follow the steps!

How to make your profile private

To make your profile private, please go to www.fancy.com/settings/preferences.

Locate the “Privacy” section” and select the option, “Only You.”

Make sure to click the “Save Preferences” button at the bottom of the screen once complete.

How to link your Fancy account with Facebook, Twitter, and Instagram

To link your Fancy account with Facebook, Twitter, or Instagram, please go to here.

Scroll down to the “Networks” section of the page to view your options to connect with Google, Facebook, Twitter, Instagram, VK, Weibo, or RenRen.

How to deactivate your Fancy account

To deactivate your Fancy account, please go to www.fancy.com/settings.

At the bottom-right of the page, please click the red “Deactivate my account” button.

Can’t find what you’re looking for? Contact us

Third Party Applications

How it install the Fancy widget

With just a few lines of code, you can show your Fancy finds directly on your website or blog. The widget is compatible with Blogger, Typepad, Tumblr, self-hosted Wordpress blogs, and your own website.

To install the Fancy widget, please go to www.fancy.com/help/button and follow the instructions under the section "The Fancy widget for blogs and websites." For further inquiry, please email our customer service team.

Fancy API

Fancy’s API is live and we’re accepting a limited number of applicants for the initial roll-out. Please go to www.fancy.com/api and fill out the form. We will notify you when your application is approved.

Fancy’s API is RESTful and speaks JSON. It uses OAuth2 as its mechanism for granting 3rd party apps access.

Can’t find what you’re looking for? Contact us

Shopping Questions

Determining if an item is for sale through Fancy

Fancy’s sales team works hard to present our users with sales on every product. However, not every item is currently for sale. Please be aware that only items with a green “Add to Cart” button are being sold through our sales platform.

Any item that necessitates leaving Fancy and navigating to a third party site in order to purchase the product is not part of Fancy’s sales platform. For further clarification, please email our customer service team.

Payment methods

Fancy accepts all major credit and debit cards, including VISA, MasterCard, and American Express.

How to redeem a gift card

To redeem your Fancy Gift Card, please follow the steps below:

  1. 1. Log in to your Fancy account
  2. 2. In the email you received containing your gift card, select the “Redeem Now” button
  3. 3. After selecting the “Redeem Now” button, you will automatically be redirected to Fancy. Select the option, “Apply to your Account”
Estimated delivery

We strive to get our customers their products in the quickest possible time. To view an estimated time of delivery for a specific product, please go to the product page for the item and read the description.

As soon as your order ships, you will receive an email providing you with a tracking number. If you’d like to inquire about expedited shipping, please email our Customer Service Team.

Payment Issues

If you have any trouble checking out or completing payment, please contact our Customer Service Team.

Can’t find what you’re looking for? Contact us

Fancy Box

How to manage your subscription

To manage your Fancy Box subscription, including updating your address, payment, preferences, and cancelling your subscription, please go to the following URL: https://fancy.com/purchases and select your Fancy Box order number.

Once on the order page, select the “Manage subscription” link.

Fancy Box ship dates

For the regular Fancy Box, orders placed between the 1st and the 15th of the calendar month will ship on the 30th of the same month. Orders placed after the 15th of the calendar month will ship on the 15th of the following calendar month

For all other Fancy Boxes, please see the page for the particular subscription for shipping details.

Fancy Box charges

The Fancy Box is a recurring monthly subscription. Each month, you will be billed on the original day of purchase. For example, if your initial purchase was made on January 10th, you will be charged again on February 10th.

Can’t find what you’re looking for? Contact us

Shipping & Returns

Where does Fancy ship to?

Fancy’s sales platform accommodates every country worldwide. We ship to residential, commercial, APO, and FPO addresses, as well as P.O. Boxes.

What shipping courier does Fancy use?

All merchants ship with their carrier of choice. We request that all merchants provide their customers with a tracking number as soon as the order is dispatched.

How do I track my package?

Order tracking is available for FedEx shipping. You will receive a confirmation email once your order is on its way. To track your package, click on your tracking number link to view the latest tracking information.

What is the cost of shipping?

The exact cost of shipping is presented upon checkout before you submit payment.

What is Fancy’s return policy?

We are happy to process returns for most items within 30 days of purchase as long as the item(s) are unused and in their original packaging. We will issue you a credit for the item subtotal to your Fancy account as soon as your items are processed through our return center. Shipping and taxes will not be included. If you wish to return an item, please contact our customer service team.

The exact return policy for each item is found under the “Shipping” tab on the sale page.

Please note that we cannot accept returns on final-sale merchandise, monogrammed/personalized items, special-order items or items damaged through normal wear and tear.

What is Fancy Same-Day Delivery?

Fancy now offers same day delivery in select cities. Within select cities, orders placed before 12pm will be delivered the same day. Orders shipping outside the select cities will be overnighted in order to be delivered the following day. Orders placed after 12pm will be handled the following day.

What is Immediate Shipping?

Immediate Shipping is offered for select items on Fancy. Any item that is listed as immediate shipping will ship within three business days.

Can’t find what you’re looking for? Contact us

Orders

How to check the status of your order

To check the status of your order, go to Order History and locate your order number.

Can’t find what you’re looking for? Contact us

Merchants

How to become a Fancy brand partner

If you would like to sell your products on Fancy, please sign up here.

A Fancy Sales Representative will be sure to respond to your inquiry as soon as possible!

Can’t find what you’re looking for? Contact us

Miscellaneous

Job Inquiries

For job inquiries, please email our HR department a cover letter and resume.

Can’t find what you’re looking for? Contact us

Terms & Policies

Terms and Conditions of Sale

Fancy's products and services are provided by Thing Daemon, Inc. These Terms and Conditions of Sale ("Terms") govern your access to and use of Fancy's website, products, and services ("Products") for the purchase of items (“Merchandise”) directly through the Site or Applications.

Note: These Terms of Service are effective as of December 2, 2013.

Thing Daemon, Inc. ("Thing Daemon", "our", "us" or "we") provides the services offered by Fancy (the "Services") through our website, accessible at www.fancy.com (the "Site"), and our applications for mobile devices (the "Applications").

1. Terms and Conditions

Merchandise offered for sale directly through the Site or Applications is sold by Thing Daemon or the merchant that the item is specified as sold by ("Merchant"). Not all Merchandise on the Site or Applications is available for purchase; instead, you may be re-directed to a third party website for purchase. These Terms do not apply to Merchandise purchased on such third-party websites.

If you access a third party website from the Site, Applications or Service, you do so at your own risk, and you understand that these Terms, our Privacy Policy and Terms of Service do not apply to your use of such sites. You expressly relieve Thing Daemon from any and all liability arising from your use of any third-party website or service.

Fancy uses Balanced as its third party service providers for payment services (e.g. card acceptance, merchant settlement, and related services). By making use of some or all of these payment services on the Site you agree to be bound by Balanced’s terms and conditions (available at https://www.balancedpayments.com/terms with its privacy policy: https://www.balancedpayments.com/privacy) and hereby consent and authorize us to delegate the authorizations and share the information you provide to us with our third party service provider(s) to the extent required to provide the payment services to you. Balanced may also be contacted directly for payments support either by email at support@balancedpayments.com or by phone at +1 (888) 744-2622.

Merchandise for shipment within the United States may be subject to taxes or additional delivery fees. Merchandise for shipment to countries outside of the United States may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.

With respect to each item for which Import Fees have been calculated, you authorize Thing Daemon or Merchant (as applicable) to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item.

These terms and conditions are in addition to the standard Terms of Service of the Site. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the United States.

Please note that Merchants may have policies that differ from Thing Daemon’s Terms. For items you have purchased from a Merchant, please see the applicable Merchant's policies for any other terms and conditions that may apply to your purchase of such items.

2. Limitations

For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from the Site or Applications, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

3. Risk of Loss

All merchandise purchased from Thing Daemon or Merchant is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

4. Product Descriptions

Thing Daemon attempts to be as accurate as possible. However, Thing Daemon does not warrant that product descriptions or other content of any Thing Daemon Service is accurate, complete, reliable, current, or error-free. If a product offered by Thing Daemon itself is not as described, your sole remedy is to return it in unused condition.

5. Pricing

Except where noted otherwise, the price or suggested price displayed for products on the Site or Applications represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Where an item is offered for sale by one of our Merchants, the list price or suggested price may be provided by the Merchant.

Product specifications, prices and quantity are subject to change. With respect to items sold by Thing Daemon, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Thing Daemon is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. From time to time, we may offer coupon codes or rebates as a form of purchase. All purchases paid with a coupon code or rebate are final sale and may not be returned. Terms of coupon codes and rebates are subject to change in the sole discretion of Thing Daemon and may be altered without notice.

We generally do not charge your credit card until after your order has entered the shipping process. Products offered for sale on the Site or Applications may be limited to stock and while supplies last. Product offerings are available for end users only. Not available to distributors, dealers or resellers, as determined by Thing Daemon.

6. Other Businesses

Parties other than Thing Daemon may operate stores, provide services, or sell product lines on the Site or through the Applications. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Thing Daemon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

7. Returns, Refunds and Title

Thing Daemon does not take title to returned items until the item arrives at our designated fulfillment center. Customer Merchandise returns will issued credit toward the Site, exclusive of shipping fees. Shipping shall not be credited upon return of Merchandise. At our discretion, a credit may be issued without requiring a return. In this situation, Thing Daemon does not take title to the refunded item. For more information about our returns and refunds, please see our FAQs.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL INFORMATION, CONTENT, MATERIALS, MERCHANDISE, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THING DAEMON SERVICES ARE PROVIDED BY THING DAEMON ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THING DAEMON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE THING DAEMON SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE THING DAEMON SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THING DAEMON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THING DAEMON DOES NOT WARRANT THAT MERCHANDISE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU FOR PURCHASE THROUGH THE SITE OR APPLICATIONS ARE FREE OF HARMFUL COMPONENTS. THING DAEMON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THING DAEMON SERVICE, OR FROM ANY MERCHANSIE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY THING DAEMON SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

8. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

9. Disputes

Any dispute or claim relating in any way to your use of any Thing Daemon Service, or to any products or services sold or distributed by Thing Daemon or through the Site or Applications shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THING DAEMON ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.

10. Site Policies, Modification, and Severability

Please review our other policies. These policies also govern your use of the Services. We reserve the right to make changes to our site, policies and Terms at any time. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that Term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

11. How to contact Fancy

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any enquiries about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at hello@fancy.com.

Terms of Service

Fancy's products and services are provided by Thing Daemon, Inc. These Terms of Service ("Terms") govern your access to and use of Fancy's website, products, and services ("Products").

Note: These Terms of Service are effective as of February 4, 2013.

Thing Daemon, Inc. ("Thing Daemon", "our", "us" or "we") provides the services offered by Fancy (the "Services") through our website, accessible at www.fancy.com (the "Site"), and our applications for mobile devices (the "Applications").

Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at http://fancy.com/help/privacy. These Terms govern your access to and use of the Site, Applications and Services and all Site Content (defined below), and constitute a binding legal agreement between you and Thing Daemon.

By accessing or using the Site, Applications or Services, or by posting any Member Content, you acknowledge that you have read, understood and agree to be bound by these Terms. Thing Daemon reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services or to modify these Terms, at any time and without prior notice.

Click on the links below to jump to each section of these terms:

  1. Key Terms related to Content
  2. Eligibility
  3. Account Registration
  4. Privacy
  5. Ownership
  6. Application License
  7. Fancy Content and Member Content License
  8. Member Content
  9. General Prohibitions
  10. Links
  11. Change or Termination
  12. Disclaimers
  13. Indemnity
  14. Limitation of Liability
  15. Thing Daemon Application from iTunes
  16. Proprietary Rights Notices
  17. Controlling Law and Jurisdiction
  18. Arbitration
  19. Notification Procedures
  20. Entire Agreement
  21. Assignment
  22. Notices
  23. General
  24. How to contact Fancy

1) Key Terms related to Content

  • "Content" means text, graphics, images, music, software, audio, video, information or other materials, including the infrastructure used to provide such Content.
  • "Fancy Content" means all Content that Thing Daemon makes available through the Site, Applications or Service, including any Content licensed from a third party, but excluding Member Content.
  • "Member" means a person that completes our account registration process, as described under "Account Registration" below.
  • "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
  • "Site Content" means Member Content and Fancy Content.

2) Eligibility

The Site, Applications and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Applications or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 13 or older.

You will not use Fancy if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.

You will not use Fancy if you are a convicted sex offender.

3) Account Registration

In order to access certain features of the Site, Applications and Services and to post any Member Content on the Site, Applications or through the Services, you must register to create an account ("Account"). You may register with Fancy through your account with certain third party social networking services, including Facebook and Twitter (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. By creating an Account via your account with an SNS, you are allowing Fancy to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. Members have the option to disable the connection between their Fancy Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.

You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

4) Privacy

See our Privacy Policy at http://fancy.com/help/privacy for information and notices concerning Thing Daemon’s collection and use of your personal information.

5) Ownership

The Site, Applications, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. To the extent permitted by applicable law, Thing Daemon owns all right, title and interest in and to the Site, Applications, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services or Site Content.

6) Application License

If you decide to use an Application, subject to your compliance with these Terms, Thing Daemon grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Thing Daemon reserves all rights in the Applications not expressly granted to you by these Terms.

7) Fancy Content and Member Content License

Subject to your compliance with these Terms, Thing Daemon grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Fancy Content solely for your personal and non-commercial purposes. Subject to your compliance with these Terms, Thing Daemon grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Applications, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Thing Daemon or its licensors, except for the licenses and rights expressly granted in these Terms.

8) Member Content

We may permit Members to post, upload, publish, submit or transmit Member Content. Thing Daemon does not claim any ownership rights in any Member Content and nothing in these Terms restricts any rights that you may have to use and exploit any Member Content. By making available any Member Content through the Site, Applications or Services, you grant Thing Daemon a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site, Applications or Services.

You are solely responsible for all Member Content that you make available through the Site, Applications and Services. You represent and warrant that you are the sole owner of all Member Content that you make available through the Site, Applications and Services or you have all rights, licenses, consents and releases necessary to grant to Thing Daemon the rights in such Member Content, as contemplated under these Terms. You also represent and warrant that neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Thing Daemon’s use of the Member Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Members may post comments and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Thing Daemon reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

9) General Prohibitions

You agree not to do any of the following, either directly or indirectly:

  • Post, upload, publish, submit, provide access to or transmit any Content that:
    1. i. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
    2. ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
    3. iii. is fraudulent, false, misleading or deceptive.
    4. iv. is defamatory, obscene, vulgar or offensive, pornographic or contains nudity.
    5. v. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
    6. vi. is violent or threatening or promotes violence or actions that are threatening to any other person.
    7. vii. promotes illegal or harmful activities or substances.
  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, software, products, services or other intellectual property obtained from or through this Site, without our express written consent.
  • Use, display, mirror or frame the Site or Applications, or any individual element within the Site or Applications, the Fancy name, any Fancy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
  • Access, tamper with, or use non-public areas of the Site or Applications, our computer systems, or the technical delivery systems of our providers.
  • Attempt to probe, scan, or test the vulnerability of any Thing Daemon system or network or breach any security or authentication measures.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Thing Daemon or any of our providers or any other third party (including another user) to protect the Site, Applications or Site Content.
  • Attempt to access, monitor, search, copy, download or scrape the Site, Applications, or Site Content, for any purpose, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), or through the use of any manual process, other than the tools provided by Thing Daemon within the Site or by means of generally available third party web browsers, without our express written permission.
  • Take any action that is harmful to, inconsistent with or disruptive of the Site or Applications, and/or the beneficial use and enjoyment of the Site by its users, including but not limited to any form of unauthorized automated traffic or scripted scraping, or taking any action that may impose, in our discretion, an unreasonable load on our infrastructure.
  • Access or use the Site, Applications, or Site Content, to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any website, program, application, service, device, technology, product, or computer program that competes with, or enables or provides access to, use of, operation of or interoperation with, the Site or Applications.
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
  • Use any meta tags or other hidden text or metadata utilizing a Thing Daemon or Fancy trademark, logo URL or product name without Thing Daemon’s express written consent.
  • Use the Site, Applications or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Applications, or Site Content to send altered, deceptive or false source-identifying information.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Applications or Site Content.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Applications.
  • Collect or store any personally identifiable information from the Site or Applications from other users of the Site or Applications without their express permission.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Use the Site if you are a convicted sexual offender.
  • Violate any applicable law or regulation or.
  • Encourage or enable any other individual to do any of the foregoing.

Thing Daemon reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Thing Daemon, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Applications or Services.

10) Links

The Site, Applications or Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Thing Daemon. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Site, Applications or Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve Thing Daemon from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, Applications or Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Thing Daemon shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11) Change or Termination

We may, without prior notice, change the Site, Applications or Services, stop providing the Site, Applications or Services, or create usage limits for the Site, Applications or Services. We may permanently or temporarily terminate or suspend your access to the Site, Applications or Services without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Site, Applications or Services for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12) Disclaimers

THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THING DAEMON EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THING DAEMON MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THING DAEMON MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES. YOU UNDERSTAND THAT THING DAEMON DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATIONS OR SERVICES, NOR DOES THING DAEMON MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATIONS OR SERVICES. THING DAEMON MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATIONS OR SERVICES.

We take no responsibility and assume no liability for any Member Content posted or sent over the Site, Applications or Service. You shall be solely responsible for your Member Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of Member Content.

13) Indemnity

You agree to defend, indemnify, and hold Thing Daemon, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

  1. i. Your access to or use of the Site, Applications, Services or Site Content,
  2. ii. Your Member Content
  3. iii. Your violation of these Terms.

14) Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER THING DAEMON NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THING DAEMON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THING DAEMON’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THING DAEMON AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

The Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

15) Thing Daemon Application from iTunes

The following applies to any Applications accessed through or downloaded from the Apple iTunes Store ("iTunes Sourced App"):

You acknowledge and agree that:

  1. i. These Terms are concluded between you and Thing Daemon only, and not Apple, and
  2. ii. Thing Daemon, not Apple, is solely responsible for the iTunes Store Sourced App and content thereof. Your use of the iTunes Store Sourced App must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the iTunes Store Sourced App.

In the event of any failure of the iTunes Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the iTunes Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes Store Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Thing Daemon.

You and Thing Daemon acknowledge that, as between Thing Daemon and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the iTunes Store Sourced App or your possession and use of the iTunes Store Sourced App, including, but not limited to:

  1. i. Product liability claims"
  2. ii. Any claim that the iTunes Store Sourced App fails to conform to any applicable legal or regulatory requirement or.
  3. iii. Claims arising under consumer protection or similar legislation.

You and Thing Daemon acknowledge that, in the event of any third party claim that the iTunes Store Sourced App or your possession and use of that iTunes Store Sourced App infringes that third party’s intellectual property rights, as between Thing Daemon and Apple, Thing Daemon, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Thing Daemon acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the iTunes Store Sourced App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the iTunes Store Sourced App against you as a third party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the iTunes Store Sourced App.

16) Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Thing Daemon used herein are trademarks or registered trademarks of Thing Daemon. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

17) Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

18) Arbitration

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND THING DAEMON ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.

19) Notification Procedures

We may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

20) Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Thing Daemon and you regarding the Site, Applications, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Thing Daemon and you regarding the Site, Applications, Services and Content.

21) Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Thing Daemon’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Thing Daemon may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

22) Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Thing Daemon:

  1. i. via email (in each case to the address that you provide)
  2. ii. by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

23) General

The failure of Thing Daemon to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Thing Daemon. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

24) How to contact Fancy

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any enquiries about these Terms or any questions, complaints or claims with respect to the Applications, please contact us at hello@fancy.com.

Terms of Merchant Sale

Fancy's products and services are provided by Thing Daemon, Inc. These Merchant Terms and Conditions of Sale ("Merchant Agreement") govern your access to and use of Fancy's website, products, and services ("Products") for the sale of items (“Merchandise”) directly through the Site or Applications. This Merchant Agreement is between you, the merchant, together with any company, affiliate or other business entity you are representing (collectively, the “Seller”, “you” or “your”) and Thing Daemon.

Note: These Terms of Service are effective as of March 15, 2013.

Thing Daemon, Inc. ("Thing Daemon", "our", "us" or "we") provides the services offered by Fancy (the "Services") through our website, accessible at www.fancy.com (the "Site"), and our applications for mobile devices (the "Applications").

Any Seller who wants to access the Site or Applications for use of the Services to sell Merchandise must accept the terms and conditions of this Merchant Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS MERCHANT AGREEMENT, AND ALL POLICIES AND GUIDELINES OF THE SITE THAT ARE INCORPORATED BY REFERENCE.

Thing Daemon reserves the right to change any of the terms and conditions contained in this Merchant Agreement or any policies or guidelines governing the Site, Applications or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING THING DAEMON’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS MERCHANT AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES, THE SITE OR APPLICATIONS.

1) Eligibility

Use of the Site, Applications and Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number, e-mail address, tax identification number and valid banking information. You represent and warrant that: (a) if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for the Services within such country; and (b) you have all requisite right, power and authority to enter into this Merchant Agreement and perform your obligations hereunder. If for any reason, Thing Daemon, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to the Seller, to suspend or revoke any and all licenses under this Seller Agreement or to refuse to provide the Services of the Site to the Seller under this Seller Agreement.

2) Sellers' Listing Fees and Payment Terms

All fees for use of the Site and Applications are listed as a percentage of final sale price unless stated otherwise and are incorporated herein by reference. All fees and payment terms may vary in the future. The fee and payment terms in effect on the date of sale of the Merchandise shall govern the transaction. You should check the fees and terms each time you participate. All fees are deducted from the final transfer of funds to the Seller. By listing an item for sale on the Site, you authorize Thing Daemon to deduct any fees from amounts due.

3) Applicable Policies and Guidelines

You agree to abide by the procedures, policies and guidelines--contained in Thing Daemon’s Terms of Service located at http://www.fancy.com/help/terms and Privacy Policy located at http://www.fancy.com/help/privacy. The procedures and guidelines contained in the Terms of Service and Privacy Policy sections explain the processes and set out acceptable conduct, policies and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the Terms of Service and Privacy Policy sections to understand the current procedures. You will provide to us (using the processes and timing that we designate) any requested information regarding shipment, tracking (to the extent available) and order status, and we may make any of this information publicly available. You will not send customers emails concerning shipping confirmation of products you sell (except that to the extent we have not yet enabled functionality for your account that allows payment to be processed on the basis of when shipment occurs, then you will send customers emails confirming shipment of products you sell in a format and manner reasonably acceptable to us). Promptly after shipment of a customer's order (or any portion of the customer's order), you will accurately inform us that the order has been shipped (and, in the case of a customer order that is shipped in more than one shipment, accurately inform us which portion of the order has been shipped), using our standard functionality for communicating such information when we make that functionality available to you. If you fail to provide confirmation of shipment within the time frame specified by us (e.g., 7 days after the date an order was placed), we may in our sole discretion cancel (and/or direct you to stop and/or cancel) any such transaction, and you will stop and/or cancel any such transaction upon such request by us. You will comply with any instructions from the manufacturer, distributor and/or licensor of a product regarding Street Date for Delivery (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which such product should not be delivered or otherwise made available to customers) or the Street Date for Disclosure (which means the date, if any, specified by the manufacturer, distributor and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly).

4) Thing Daemon’s Role

Thing Daemon provides a platform for Sellers and buyers ("Buyers") to complete transactions. Thing Daemon is not involved in the actual transaction between Sellers and Buyers and is not the agent of Sellers except for the limited purpose of processing payments and has no agency authority for any other purpose, and Thing Daemon is not the agent of Buyers for any purpose. As a Seller, you may list any item on the Site unless it is a prohibited item as defined in the Site’s Terms of Service, this Merchant Agreement or otherwise prohibited by law. Without limitation, you may not list any item or link or post any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Seller to accurately describe the item for sale. As a Seller, you use the Site and the Services at your own risk.

As the Seller, you acknowledge that, by only providing you with the ability to publish, sell and distribute your own or third party products, services or content, the Services act only as passive conduits for the distribution and/or publishing of such products. Thing Daemon has no obligation to you or any third party, and undertakes no responsibility, to review your sale, the products listed therein or any other content to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Thing Daemon believes in its discretion that your sale or any products, services, content or other materials in the listing or on Thing Daemon’s servers may create liability for Thing Daemon or harm other users of the Services, then you agree that Thing Daemon may take any actions with respect to the content or materials or listing that Thing Daemon believes are prudent or necessary to minimize or eliminate our potential liability or to protect other users of our Services.

5) Merchant Responsibilities

Seller is solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content of the sale posted to the Site, including all descriptions of Merchandise and disclosure and warnings of product materials that are required to be disclosed by any applicable domestic and international laws, statutes, ordinances and/or regulations where the Merchandise is offered for sale. If you have reason to believe that your sale is in violation of any law or the rights of any third party, you will promptly send notices to us using the functionality for contacting Thing Daemon as provided on the Site. Notwithstanding anything contained in the foregoing, if you breach any of the terms of this Merchant Agreement, Thing Daemon is entitled to suspend or terminate your sale(s) and/or any access to information or data related to your merchant account.

6) Service License

Seller acknowledges and agrees that, as between you and Thing Daemon, all Services and Applications provided by Thing Daemon, and all worldwide intellectual property rights therein, are the exclusive property of Thing Daemon. All rights not expressly granted to you in this Agreement are reserved by Thing Daemon.

Seller acknowledges that the Services and Applications and their structure, organization, and source code constitute valuable intellectual property of Thing Daemon. Accordingly, you will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Site, Applications or Services; or (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Site, Applications or Services.

7) Merchant Registration

IN ORDER TO SELL MERCHANDISE ON THE SITE, YOU MUST REGISTER YOUR MERCHANT INFORMATION ON THE SITE. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Site and to obtain an initial credit authorization from Seller's bank account at time of registration.

a. Thing Daemon and any third party agents designed by Thing Daemon facilitate the purchase of Merchandise listed on the Site. A Buyer's authorized credit card or other form of payment ("Payment Transaction") is credited to a registered Seller's account, and funds are periodically transferred to the Seller's designated checking account ("Seller's Account"). The Buyer may authorize a Payment Transaction with any major credit card accepted by Thing Daemon or a coupon code, referral credit or gift card(s) issued by Thing Daemon or any combination thereof. Receipt of Payment Transaction funds by us on a Seller's behalf will be deemed receipt of funds by Seller and will satisfy the obligations owed to Seller by the Buyer in the amount of the applicable Payment Transaction. Upon completion of a Payment Transaction a receipt indicating that payment has been made will be furnished to the Buyer. Our obligation to remit funds collected by us on your behalf will be limited to funds that we have actually received and that are not subject to chargeback or reversal. Thing Daemon and any third party agents designed by Thing Daemon help facilitate Payment Transactions and are not the purchaser of the Seller's goods. Seller will resolve any dispute directly with Buyer or with the assistance of Thing Daemon.

b. Payment Transactions can be credited only to bank checking accounts in the United States or any other country shown as supported by our standard functionality and enabled for your account (which functionality may be modified or discontinued by us at any time without notice). Sellers waive any rights with respect to payment when shipping to an address other than that provided by the Buyer.

c. The Site is generally available seven (7) days per week, twenty-four (24) hours per day, except for scheduled downtime due to system maintenance. We can initiate Payment Transaction credits to Seller's Account only on a Business Day when the automated clearinghouses are open for business. For purposes of this Merchant Agreement, a Business Day is a Monday through Friday, excluding United States federal banking holidays. We will inform you of each completed transaction using our standard procedures.

d. You may provide refunds or adjustments to Buyers for their purchases through the Site using functionality we enable for your account. This functionality may be modified or discontinued by us at any time without notice and is subject the terms of this Merchant Agreement. You only use functionality provided by the Site to create invoices for sales processed through the Site or Applications.

e. We will initiate a transfer to the Seller on a rolling basis for the total amount of Payment Transactions received from Buyer's authorized credit card transactions, less any refunds, adjustments, or other amounts paid to Buyers in connection with purchases as well as applicable Seller fees. In the event that the Buyer submits payment, or partial payment, to the Seller via Thing Daemon issued gift card, coupon code or user earned referral credit, Thing Daemon shall be responsible for transferring the value of such portion of the Buyer’s transaction to the Seller upon deposit of payment.

f. Transfers to the Seller's Account will generally be credited within five Business Days of the date we initiate the transfer.

g. As a security measure, we may, but are not required to, impose transaction limits on some or all Buyers and Sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. We will not be liable to Seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a Buyer to withdraw from a transaction because the Site or Applications are unavailable following the commencement of a transaction.

h. If we reasonably conclude based on information available to us that Seller's actions and/or performance in connection with the Services may result in Buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Merchant Agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Merchant Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.

i. All notices will be sent by e-mail or will be posted on the Site. We will send notices to Seller at the e-mail address maintained in Thing Daemon’s records for Seller. Seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us. Seller will send notices to us using the functionality for contacting Thing Daemon as provided on the Site.

j. There is no fee for registering to sell on the Site or Applications. The fees for sales processed via the Site or Applications are deducted from any final payments transferred to Sellers. We may, in our sole discretion, waive, reduce, or reverse charges or fees for a specific transaction.

k. We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by Buyer and our bank account being debited to pay Payment Transaction credits to Seller. Seller will bear all risk of credit card fraud fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) or loss in connection with Payment Transactions. We will not bear the risk of credit card fraud in connection with any of Seller's products that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse Buyer, provide a refund to Buyer if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from Buyer's credit card issuer for the amount of Buyer's purchase from Seller. We may obtain reimbursement of any amounts owed by Seller to Thing Daemon by deducting from future payments owed to Seller, reversing any credits to Seller's Account, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your checking account.

l. Seller may terminate his or her participation in the Site or Applications at any time by informing us using the standard method then-currently provided by Thing Daemon for such termination, and we may terminate Seller's participation in the Site or Applications at any time without notice to Seller. Upon termination, Seller must pay us whatever fees were incurred prior to the effective date of the termination. Also upon termination, any pending transactions will be canceled.

m. We reserve the right, upon termination,to set off against any payments to be made to Seller, an amount determined by us to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to Buyers in connection with purchases from Seller's Account for a prospective three-month period. At the end of such three-month period following termination, we will disburse to Seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to Buyers, or seek reimbursement from Seller via any of the means authorized in Section 5.k. above for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to Buyers, as applicable.

8) Reservation of Rights

Thing Daemon retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site, Application and the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to de-list, or to require Seller not to list, any or all products in our sole discretion. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any of your transactions. You will stop and/or cancel orders of your products if we ask you to do so (provided that if you have transferred your products to the applicable carrier or shipper, you will use commercially reasonable efforts to stop and/or cancel delivery by such carrier or shipper). You will refund any customer (in accordance with this Merchant Agreement) that has been charged for an order that we stop or cancel.

9) Employee Participation

Employees of Thing Daemon and its affiliates are permitted to participate in their personal capacity in the transactions conducted through the Site and Applications (unless they have confidential information about a particular item). Employees of Thing Daemon and its affiliates, when participating in any transaction in their personal capacity, are subject to this Merchant Agreement and the same procedures and guidelines contained in Thing Daemon’s Terms of Service as any Buyer or Seller on this Site.

10) Seller Transactions

  1. a.Fees and Pricing. For each purchase completed through the Site or Applications, Thing Daemon collects the amount paid by the Buyer, including the item price, shipping or other charges and any applicable taxes. We deduct, as a referral fee, a percentage of the item price excluding shipping and any taxes collected through Thing Daemon or its tax collection services or agents. Thing Daemon shipping rates apply to all items sold (see table of shipping rates and credits at the time of listing).
  2. b.Pricing. You may list items at any price you feel is fair. We recommend that the item price and total price of an item you list on the Site and Applications are at or below the item price and total price at which you offer and/or sell the item via any other online sales channel. The item price is the amount payable by a Buyer, excluding shipping and handling, as it appears when you list an item.
  3. c.Total Price. The total price is the amount payable by a Buyer as well as all terms of offer/sale. This includes discounts, rebates, coupon codes, or special sales/promotions you offer/make with respect to purchases.
  4. d.Sale Price. The Seller is obligated to sell the goods at the listed price to Buyers who meet the Seller's terms. By listing an item on the Site and Applications, you represent and warrant to prospective Buyers that you have the right and ability to sell, and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive.
  5. e.Order Fulfillment. The Seller is solely responsible processing and fulfilling customer orders generated through the Seller’s listing, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through your listing. You agree that Thing Daemon has no obligation to back-up any data related to your listing and you should independently take appropriate steps to maintain such data in accordance with your needs and requirements.
  6. f.Purchase Price. Seller will determine the purchase price for each item he or she lists on the Site, subject to Thing Daemon’s standard functionality for listing the purchase price, provided that the Seller must abide by any procedures and guidelines Thing Daemon may indicate with respect to pricing.
  7. g.Other Services. Thing Daemon may make certain order fulfillment services, such as payment verification and processing, available through third party vendors (“Vendor(s)”), which may be pursuant to a separate agreement between you and the applicable Vendor. You understand and agree that Thing Daemon is not responsible for the availability or provision of such services or for such Vendor’s non-performance or breaches. Thing Daemon does not guarantee the availability, security or delivery of such services or that you will be eligible for any Vendor’s services.

11) Seller Obligation

By entering into this Merchant Agreement and posting a listing for sale, Seller agrees to complete the transaction as described by this Merchant Agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

You covenant that any products, services, or content published and listed shall not violate Thing Daemon’s Terms of Service as it may be amended from time to time, or any of the following:

  1. a.Be false, inaccurate or misleading;
  2. b.Be fraudulent or involve the sale of counterfeit, stolen or infringing items;
  3. c.Infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  4. d.Violate any law, statute, ordinance or regulation (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, unfair competition, antidiscrimination, criminal activities or false advertising);
  5. e.Be defamatory, libelous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
  6. f.Be obscene or contain adult items, nudity or child pornography;
  7. g.Contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  8. h.Involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and you shall not use your account as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;
  9. i.Involve the collection, sale or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent you shall maintain a written record for a period of three (3) years after any termination of this Merchant Agreement;
  10. j.Be harmful or potentially harmful to Thing Daemon’s Server structure as determined Thing Daemon’s discretion, including without limitation overloading the Thing Daemon’s technical infrastructure;
  11. k.Create liability for Thing Daemon and its subcontractors or expose them to undue risk or otherwise engage in activities that Thing Daemon , in its sole discretion, determines to be harmful to Thing Daemon, its affiliates, operations, reputation, or goodwill; and
  12. l.Link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate this Merchant Agreement; and

Seller agrees not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with your sale:

  1. a.Blood, bodily fluids or body parts;
  2. b.Burglary tools;
  3. c.Counterfeit items;
  4. d.Illegal drugs and drug paraphernalia;
  5. e.Fireworks, destructive devices and explosives;
  6. f.Identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
  7. g.Lottery tickets, sweepstakes entries or slot machines;
  8. h.Obscene material or child pornography;
  9. i.Offensive material or hate speech;
  10. j.Police badges or uniforms;
  11. k.Prescription drugs or devices;
  12. l.Chemicals;
  13. m.Pets;
  14. n.Recalled items;
  15. o.Prohibited services;
  16. p.Stocks or other securities;
  17. q.Stolen property; or
  18. r.Any product or service that is illegal or marketed or sold in such a way as to create liability for Thing Daemon.

You further agree not to publish, offer for sale, sell or otherwise distribute any of the following items, except as permitted by, and in full compliance with, all applicable federal, state, local and other laws:

  1. a.Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
  2. b.Event tickets;
  3. c.Food items;
  4. d.Tobacco products;
  5. e.Alcoholic products;
  6. f.Hazardous, restricted or perishable items;
  7. g.Pesticides;
  8. h.Animals, animal products, plants and seeds;
  9. i.Charitable services or goods and fundraising;
  10. j.Artifacts;
  11. k.Currency and stamps;
  12. l.Used items, such as clothing or, bedding and cosmetics;
  13. m.Adult items or pornography;
  14. n.Content or material that is infringing or otherwise violates the law, including: music; movies; e-books; games; videos; photographs and software; or
  15. o.Weapons and other related items, including, without limitation, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons.

12) Seller Taxes

You agree that it is the Seller's responsibility to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that Thing Daemon is not obligated to determine whether Seller Taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction, except to the extent Thing Daemon expressly agrees to collect taxes or other transaction-based charges in connection with a collection service made available by Thing Daemon and used by Seller. "Seller Taxes" means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

13) Returns and Refunds

You will accept and process returns, refunds and adjustments in accordance with this Merchant Agreement and the Thing Daemon return policies published on the Site and Applications at the time of the applicable order, and we may inform customers that these policies apply to your products. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with purchases, using functionality we enable for your account, and will route all such payments through Thing Daemon and any third party agents designed by Thing Daemon. We will provide any such payments to the Buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Thing Daemon to Seller under this Agreement or seek reimbursement from Seller via any of the means authorized in Section 7.k. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Thing Daemon return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.

14) Password Security

Your password may be used only to access the Site and Application, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.

15) Illegal Activity

  1. a.Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name, business entity, tax identification number or use an invalid or unauthorized bank account. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and Thing Daemon will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
  2. b.Investigation Thing Daemon has the right, but not the obligation, to monitor any activity and content associated with the Site and Applications and investigate as we deem appropriate. Thing Daemon also may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on the Site or Applications, including listings. Thing Daemon reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
  3. c.Disclosure of Information. Thing Daemon also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Thing Daemon’s systems and customers, or to ensure the integrity and operation of Thing Daemon’s business and systems, Thing Daemon may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.

16) Privacy; Use of Thing Daemon Transaction Information.

  1. a.Privacy Policy. The Privacy Policy may be changed by us in the future. You should check the Privacy Policy located at http://www.fancy.com/help/privacy frequently for changes. Thing Daemon and its affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "customer communication preferences" you may have indicated on the Site or Applications or by any other means. When you use the Services, some personally identifiable information about you, including your username, phone number and email address, may be displayed on the Site, Applications or provided by Thing Daemon representatives and may be viewed by potential Buyers.
  2. b.Confidentiality. You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order or Buyer information or other data or information acquired by you or your affiliates from Thing Daemon or its affiliates (or otherwise) as a result of this Merchant Agreement, the transactions contemplated hereby or the parties' performance hereunder, except you may disclose this information as necessary for you to perform your obligations under this Merchant Agreement, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.

17) No Warranties

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. THING DAEMON MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  1. a.THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
  2. b.THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
  3. c.THAT YOU WILL SELL ANY MERCHANDISE THROUGH THE SITE OR APPLICATIONS OR THAT BUYERS WILL PERFORM AS PROMISED;
  4. d.ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
  5. e.ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THING DAEMON.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THING DAEMON DISCLAIMS ANY AND ALL SUCH WARRANTIES.

18) General Release

BECAUSE THING DAEMON IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT OR MERCHANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTIES, YOU RELEASE THING DAEMON (AND ITS AGENTS AND EMPLOYEES) FROM 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.

19) Indemnity/Limitation of Liability.

  1. a.Indemnity and Defense. You will defend, indemnify and hold harmless Thing Daemon and its affiliates (and their respective employees, directors, officers agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Merchant Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
  2. b.Limitation of Liability. THING DAEMON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MERCHANT AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

20) Applicable Law

The laws of the state of New York govern this Merchant Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with Thing Daemon or its affiliates relating in any way to these terms and conditions or your use of the Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $5,000 shall be adjudicated in any state or federal court in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services, and your listing, sale and fulfillment of products through the Site or Applications.

21) Disputes

Because Thing Daemon is not the agent of Seller except for the limited purpose of processing payments and is not the agent of Buyer for any purpose, Thing Daemon will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. Thing Daemon urges Sellers and Buyers to cooperate with each other to resolve such disputes.

22) Your Grant

By entering into this Merchant Agreement and listing an item, you grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of the content you submit to Thing Daemon, the Site, Applications and its affiliates, and to sublicense the foregoing rights to our affiliates and operators of any website or other online or mobile point of presence (other than the Site or Applications) through which the Site, Applications and/or products or services available thereon are syndicated, offered, merchandised, advertised or described; provided, however, that we will not alter any of your trademarks (i.e., trademarks of yours that you provide to us in non-text form for branding purposes that are separate from and not embedded or otherwise incorporated in any product specific information or materials) from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of your trademarks (provided you are unable to do so using standard functionality made available to you via the Site, Applications or Services); provided further, however, that nothing in this Merchant Agreement will prevent or impair our right to use without your consent the content and any other materials provided by you, to the extent that such use is allowable without a license from you or your affiliates under applicable law (e.g., fair use under copyright law, referential use under trademark law, or valid license from a third party). You represent and warrant that you own or otherwise control all of the rights to the content you submit to Thing Daemon, the Site, Applications and its affiliates, and that the use of such materials by Thing Daemon, the Site, Applications and its affiliates will not infringe upon or violate the rights of any third party.

23) Termination

Thing Daemon, in its sole discretion, may suspend or terminate this Merchant Agreement, your access to the Site, Applications or the Services, or any current sales immediately without notice for any reason.

24) Rights Upon Termination

In the event of expiration or termination for any reason, any rights granted under this Merchant Agreement shall automatically and immediately cease and you shall stop using the Site, Services and Applications. Termination shall not affect the rights of Thing Daemon to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or expert witnesses’ cost or other costs of any kind under this Merchant Agreement. The provisions of this Merchant Agreement that by their nature are ongoing, or as explicitly provided, will survive termination or expiration of this Merchant Agreement for any reason.

25) General Provisions

  1. a.Entire Agreement. This Merchant Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Terms of Service, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
  2. b.No Agency; Third-Party Beneficiary. You hereby appoint Thing Daemon or any third party selected by us as your payment processing agent for the limited purpose of receiving Payment Transaction funds on your behalf. Except as provided in the preceding sentence, Thing Daemon is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Merchant Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Merchant Agreement. This Merchant Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Thing Daemon, you, and relying Buyers or Sellers.
  3. c.Severability. If any provision of this Merchant Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  4. d.No Waiver. Thing Daemon will not be considered to have waived any of our rights or remedies described in this Merchant Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Thing Daemon’s failure to enforce the strict performance of any provision of this Merchant Agreement will not constitute a waiver of Thing Daemon’s right to subsequently enforce such provision or any other provisions of this Merchant Agreement.

26) How to Contact Fancy

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any questions, complaints or claims, please contact us at hello@fancy.com.

Privacy Policy

Thank you for using Fancy! We wrote this policy to help you understand what information we collect, how we use it, and what choices you have regarding your information.

Note: This Privacy Policy is effective as of February 4, 2013.

Thing Daemon, Inc. ("Thing Daemon", "our", "us" or "we") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.fancy.com (this "Site") and our corresponding applications for mobile devices (the "Applications"). This Privacy Policy applies only to information that you provide to us through the Site and Applications. This Privacy Policy may be updated from time to time. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service, accessible at http://fancy.com/help/terms.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Click on the links below to jump to each section of these terms:

  1. Personally Identifiable Information
  2. Cookies
  3. Information Sharing and Disclosure
  4. Changing or Deleting Your Information
  5. Security
  6. International Transfer
  7. Links to Other Sites
  8. Our Policy Toward Children
  9. How to contact Fancy

1) Personally Identifiable Information

When you register with us through the Site or Applications to become a Member of Fancy, we may ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, username, phone number, credit card and other billing information, email address, shipping address, and your friends’ email addresses (which we will only use in order to invite them to use the Service). We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features. You can register to join Fancy via the Site or Applications or by logging into your account with certain third party social networking sites ("SNS") (including Facebook and Twitter) via our Site. If you decide to create your Account by logging into a SNS via the Site, we may extract the Personal Information you have provided to the SNS (such as your "real" name, email address and other information you make publicly available via the SNS) from the account you have with such SNS and use that information to create your Account; the information we extract may depend on the privacy settings you have with the SNS.

  • We use your Personal Information mainly to provide the Service and administer your inquiries. We will create your Account for your use of the Site and Applications based upon the Personal Information you provide and you will become a Member of Fancy.
  • We also collect the other information that you provide as part of registration and the administration and personalization of your profile webpage on Fancy (e.g., without limitation, age and individual preferences) ("Non-Identifying Information").
  • We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Fancy Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Applications and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.

We also use your Personal Information to contact you with Fancy newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "preferences" information. (See "Changing or Deleting Information," below.)

Log Data. When you visit the Site or Applications, whether as a Member or a non-registered user just browsing (any of these, a "Fancy User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your Internet Protocol address, the browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We may use this information to monitor and analyze use of the Site, Applications and the Service and for the Site and Applications’ technical administration, to increase our Site and Applications’ functionality and user-friendliness, and to better tailor our Site and Applications to our visitors’ needs. For example, some of this information is collected so that when you visit the Site and Application again, it may recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site and Application meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Device Information. In addition to Log Data, we may also collect information about the device you’re using Fancy on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider

2) Cookies

Like many websites, our Site and Applications use "cookies" to collect information. A cookie is a small data file that we transfer to your computer or mobile device’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Applications. Second, we utilize session ID cookies to enable certain features of the Site and Applications, to better understand how you interact with the Site and Applications and to monitor aggregate usage by Fancy Users and web traffic routing on the Site and Applications. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Applications and Service and then close your browser. Third party advertisers on the Site and Applications may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site and Applications or all functionality of the Service.

3) Information Sharing and Disclosure

Fancy Users. When you register through the Site and Applications and submit Personal Information to create a profile or visual collection, Fancy Users may see your name. If you choose to provide additional Personal Information in your profile, Fancy Users may see such additional Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with Fancy Users. We recommend that you guard your sensitive information.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site and Application’s features) or to assist us in analyzing how our Site, Applications and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Social Networking Sites. We may share the information in your account (including your Personal Information) with the SNSs that you have linked to your account. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and are obligated not to disclose or use it for any other purpose.

Facebook Connect. We allow users to automatically post recent activity back to Facebook, and give them the option to disable Facebook Connect at any time by logging into their profile and selecting the option to disable Facebook Connect. Further, you may be able to edit your privacy settings for the content that you post which appears on Facebook by making selections in your “Edit Profile” settings via the Site and Applications.

Compliance with Laws and Law Enforcement. Thing Daemon may cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of Thing Daemon or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

Business Transfers. Thing Daemon may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

4) Changing or Deleting Your Information

All Members may review, update, correct or delete the Personal Information in their Account by contacting us or by editing such profile via the Site and Applications. If you completely delete all such information, then your Account may become deactivated. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

5) Security

We may make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site or via the Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

6) International Transfer

Your information may be transferred to and stored on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Thing Daemon transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

7) Links to Other Sites

Our Site and Applications may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

8) Our Policy Toward Children

This Site and Applications are not directed to children under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at hello@fancy.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

9) How to contact us

If you have any questions about this Policy or any of the practices described herein, please contact us at 333 Hudson Street, New York, NY 10013 or send us an email at hello@fancy.com.

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