We believe that everyone has an entrepreneur inside of them. However starting a business can be tough and to many not worth the hassle.
That is where Hearsay comes in. We offer everyone the opportunity to be entrepreneurs. We become the team behind the entrepreneur. We work for you, not the other way around.
We are located in Utah and would love to be contacted via phone call, email or in person.
General Inquiries - firstname.lastname@example.org
Welcome to Hearsay. Please read and follow our rules while using our services.
- Accepting These Terms
- Those Other Documents We Mentioned
- Your Privacy
- Your Account with Hearsay
- Your Content
- Your Use of Our Services
- Warranties and Limitation of Liability (or the things you can’t sue us for)
- Indemnification (or what happens if you get us sued)
- Disputes with Other Users
- Disputes with Hearsay
- Changes to the Terms
- Some Finer Legal Points
- Contact Information
1. Accepting These Terms
This document and the other documents that we reference below make up our site rules, or what we officially call our Terms & Conditions (“Terms” for short).
The Terms are a legally binding contract between you and Hearsay which is a Nihlo LLC company.
Please note that Section 11. Disputes with Hearsay, contains an arbitration clause and class action waiver. By agreeing to the terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use nihlo.io, used by Hearsay and the other services provided by Hearsay or Nihlo LLC (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our services (even just browsing one of our websites), you’re agreeing to the terms. If you don’t agree with the terms, you may not use our services.
2. Those Other Documents We Mentioned
Hearsay’s services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the services:
If you list any items for sale through our services, these policies apply to you. You can read them below in our sales agreement section.
If you use our services to browse or shop, these policies apply to you. Please read all of our Terms & Conditions so you are aware of our policies for you.
All of these policies are a part of our terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
3. Your Privacy
Both Hearsay and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under United States and EU law. That means that each party is responsible for the personal information it processes in providing the services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Hearsay, will be responsible for that unauthorized disclosure.
If, however, Hearsay and sellers are found to be joint data controllers of buyers’ personal information, and if Hearsay is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Hearsay for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or what happens if you get us sued) below for more information about your indemnification obligations to Hearsay.
4. Your Account with Hearsay
You’ll need to create an account with Hearsay to use some of our services. Here are a few rules about accounts with Hearsay:
- You must be 18 years or older to use our services. Minors under 18 and at least 13 years of age are only permitted to use our services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Hearsay or the services. You are responsible for any and all account activity conducted by a minor on your account.
- Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the terms.
- You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
- Let's be clear about our relationship. These terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and Hearsay.
Email email@example.com should answer any questions you may have about registering an account with Hearsay.
5. Your Content
Content that you post using our services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
- Responsibility for your content. You understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights by posting it.
- Permission to use your content. By posting your content through our services, you grant Hearsay a license to use it. We don’t claim any ownership to your content, but we have your permission to use it to help Hearsay function and grow. That way, we won’t infringe any rights you have in your content and we can help promote your stuff. For example, you acknowledge and agree Hearsay may offer you or Hearsay buyers promotions on the site, from time to time, that may relate to your listings
- Rights you grant Hearsay. By posting your content, you grant Hearsay a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to provide the services and to promote Hearsay, your Hearsay shop, or the services in general, in any formats and through any channels, including across any Hearsay services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent your content contains any personal information.
Consider these examples: if you upload a photo of a listing on your Hearsay shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, on one of our social media platforms or even on a billboard to help promote your business and Hearsay’s.
- Reporting unauthorized content. Hearsay has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the services. If content that you own or have rights to has been posted to the services without your permission and you want it removed, please contact us immediately. If your content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
- Inappropriate, false, or misleading content. This should be common sense, but there are certain types of content we don’t want posted on Hearsay’s services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of federal or state law and any part of our terms. You also agree not to post any content that is false and misleading or uses the services in a manner that is fraudulent or deceptive.
- Your Use of Our Services
License to use our services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our services—subject to the terms and the following restrictions in particular:
- Don’t use our services to break the law. You agree that you will not violate any laws in connection with your use of the services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our policies, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Hearsay, another Hearsay user, or a third party.
- Pay your bills. You are responsible for paying all fees that you owe to Hearsay. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our services. For digital items sold to buyers in Australia, Belarus, the EU, Iceland, India, New Zealand, Norway, Russia, Serbia, South Africa, South Korea, Switzerland, Taiwan, Turkey, or United Arab Emirates, Hearsay will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” In addition, Hearsay will calculate, collect, and remit sales tax where applicable.
- Don’t steal our stuff. You agree not to crawl, scrape, or spider any page of the services or to reverse engineer or attempt to obtain the source code of the services.
- Don’t try to harm our systems. You agree not to interfere with or try to disrupt our services, for example by distributing a virus or other harmful computer code.
- Follow our trademark policy. The name "Hearsay" and the other Nihlo LLC marks, phrases, logos, and designs that we use in connection with our services, are trademarks, service marks, or trade dress of Nihlo LLC in the US.
- Share your ideas. We love your suggestions and ideas! They can help us improve your experience and our services. Any unsolicited ideas or other materials you submit to Hearsay (not including your content or items you sell through our services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Talk to us online. From time to time, Hearsay will provide you with certain legal information in writing. By using our services, you’re agreeing to our electronic communications policy. Which means we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination by you. We'd hate to see you go, but you may terminate your account with Hearsay at any time. Terminating your account will not affect the availability of some of your content that you posted through the services prior to termination. Oh, and you’ll still have to pay any outstanding bills.
Termination by Hearsay. We may terminate or suspend your account (and any related accounts) and your access to the services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our services, for example, to sell or buy on our websites or mobile apps. Hearsay may refuse service to anyone, at any time, for any reason.
If you or Hearsay terminate your account, you may lose any information associated with your account, including your content.
We may discontinue the services. Hearsay reserves the right to change, suspend, or discontinue any of the services at any time, for any reason. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services.
Survival. The terms will remain in effect even after your access to the service is terminated, or your use of the service ends.
8. Warranties and Limitation of Liability (or the things you can’t sue us for)
Items you purchase. You understand that Hearsay does not manufacture, store, or inspect any of the items sold through our services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Hearsay cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Hearsay from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content you access. You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through the services. Hearsay is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the services. You release us from all liability relating to that content.
People you interact with. You can use the services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
Gift cards and promotions. You acknowledge that Hearsay does not make any warranties with respect to gift card balances and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a gift card or gift card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your gift card if your gift card or gift card code has been reported lost or stolen, or if we believe your gift card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your gift card code stops working, your only remedy is for us to issue you a replacement gift card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. Hearsay is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability limits. To the fullest extent permitted by law, neither Hearsay, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall Hearsay’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars (USD) or the amount you paid Hearsay in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
- Indemnification (or what happens if you get us sued)
We hope this never happens, but if Hearsay gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Hearsay (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our services, your breach of the terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of Hearsay’s services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Resolution system. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites may participate in our resolution system. Hearsay will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Hearsay has no obligation to resolve any disputes.
Release of Hearsay. You release Hearsay from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with Hearsay
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our services:
- Governing law. The terms are governed by the laws of the State of Utah, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- Arbitration. You and Hearsay agree that any dispute or claim arising from or relating to the terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the terms, you and Hearsay are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- Costs of arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $500 USD, Hearsay will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
- Forum. We’re based in Orem, Utah, so any legal action against Hearsay related to our services must be filed and take place in Orem. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Orem, Utah, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and Hearsay agree to submit to the personal jurisdiction of a state court located in Utah County, Utah or the United States District Court for the District of Utah if your contract is with Hearsay or Nihlo LLC.
- Government exception. If you are a government agent or entity in the United States using the services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the terms and any action related to the terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Utah.
- Modifications. If we make any changes to this “Disputes with Hearsay” section after the date you last accepted the terms, those changes will not apply to any claims filed in a legal proceeding against Hearsay prior to the date the changes became effective. Hearsay will notify you of substantive changes to the “Disputes with Hearsay” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Hearsay a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Hearsay in accordance with the provisions of this “Disputes with Hearsay” section as of the date you last accepted the terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the terms.
12. Changes to the Terms
We may update these terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated terms.
13. Some Finer Legal Points
The terms, including all of the policies that make up the terms, supersede any other agreement between you and Hearsay regarding the services. If any part of the terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the terms will otherwise remain in full force and effect. Our failure to enforce any part of the terms is not a waiver of our right to later enforce that or any other part of the terms. We may assign any of our rights and obligations under the terms.
14. Contact Information
If you have any questions about the terms, please email us at firstname.lastname@example.org
Last updated on June 20, 2019
This policy is a part of our terms and conditions. By opening a Hearsay shop, you’re agreeing to this policy and our terms and conditions.
- What can be sold on Hearsay
- What cannot be sold on Hearsay
- Representing yourself, your shop, and your listings honestly
- Compensation & Fees
1. What can be sold on Hearsay
Hearsay is a unique marketplace. Buyers come here to purchase items that they might not find anywhere else. Everything listed for sale on Hearsay must be original, legally owned by the seller, or have permission from the legal owner.
Original items are items that are made and/or designed by you, the seller.
If you sell original items, you agree that:
- All original items that are sold on Hearsay are owned by the seller.
- Any logos or designs you wish to use on products will be submitted to Hearsay.
- You will include with the artwork desired to be used what products you would like our designers to add your logo on.
- If you work with a third party production partner, you must disclose that production partner in your relevant listings.
If you are selling personalized or made-to-order items in the original items category, you agree that:
- All listings are available for purchase at a set price.
- If you are using photographs of previous work with options for customization (like color choices) included in the listing, it is clear in your description that the photos shown are just examples.
Items that you, the seller, are the legal owner of may be sold after proof of ownership is provided to email@example.com The documents/images submitted will be reviewed and once approved the items will be made available on the sellers collection.
If you’re not the legal owner of the items being sold but permission has been granted by the legal owner please provide a signed document from the owner or have the legal owner email us on the sellers behalf granting permission.
We encourage you to be transparent about all items sold on your collection. You can disclose how they were made, where they were made is the legal owner of the items. You can also list the location of the manufacturer. Our experience is transparency is a value part of the sales process.
2. What can't be sold on Hearsay
Even if they otherwise meet our marketplace criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on Hearsay.
Reselling is not allowed in the original items category on Hearsay. Reselling refers to listing an item as original when you were not involved in designing or making that item.
Keep in mind that members may flag listings that appear to violate our policies for Hearsay’s review. Hearsay may remove any listings that violate our policies. Hearsay may also suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Hearsay account statement.
If you are raising money on behalf of a charity, you must obtain that charity’s consent. Please speak with the charity about how to donate and then email us, firstname.lastname@example.org, to set up a donation plan.
3. Representing yourself, your shop, and your listings honestly
At Hearsay, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.
By selling on Hearsay, you agree that you will:
- Provide honest, accurate information on About Our Collections page.
- Honor our sites policies.
- Accurately represent your items in listings and listing photos.
- Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Hearsay.
- Not engage in fee avoidance.
- Not create duplicate shops for the purpose of manipulating search.
- Not coordinate pricing with other sellers.
4. Compensation & Fees
Making money with Hearsay is easy. Once you have submitted a collection request and agreed to our terms and conditions a Hearsay representative will contact you to set up your preferred form of payment. We recommend the Cash App or PayPal as easy ways to send money. However, if you have a different process we’ll work with you on getting that process set up.
By putting a collection up on Hearsay you agree to the following:
- Hearsay will cover the cost to make most products. We will inform you in advance if your product won’t be.
- Hearsay will keep 10% of profits
- If you wish to order a bulk order to lower costs and increase sales margins you must coordinate this in advance AND will cover the cost of the bulk order.
- You can choose the retail price for your collection items as long as your desired pricing covers the cost to manufacture each item
- If you want Hearsay to do any additional marketing for your collection outside of posting on the Hearsay social media platforms you will need to cover the cost to marketing.
Last updated on July 5, 2019