Terms & Conditions
1. Accepting These Terms
The Terms are a legally binding contract between you and The Bright Orange Poppy (Also referred to as “Bright Orange Poppy” or “The BOP”)
Please note that Section 11. Disputes with The Bright Orange Poppy, 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 thebrightorangepoppy.com, and the other services provided by The Bright Orange Poppy (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. Other Documents
The Bright Orange Poppy’s Services connect people around the world, both online and offline, to make, sell, and buy unique goods; to provide content and media including but not limited to our posts and podcast, Heart of the Sierra/Heart of the Sierras. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Terms for Vendors. If you list any items for sale through our Services, these policies apply to you.
- The work must be original and owned you or your business. If you are listing and selling the items in your shop for your business, you must have the right to sell the items on behalf of your business.
- You must abide by these terms and conditions, protect the information provided to you by your customers, and follow our Anti-Discrimination Policy and Community Terms and Conditions.
- Vendors must communicate their store policies and abide by those policies as promised. If there is a dispute, the vendor must work with their customer to resolve the issue.
- Vendors may only sell original goods, brand merchandise for a business you own, or your own creative content on our site. You must abide by our Intellectual Property Policy and our Prohibited Items Policy.
- Vendors are responsible for collecting and filing your own taxes from taxable products sold through your vendor store.
- Vendors are responsible for paying bills owed to The Bright Orange Poppy. A transaction fee of 10% of your product’s price is automatically calculated and distributed to The Bright Orange Poppy during a sales transaction. If you sign up for a vendor plan with a monthly fee, you are responsible for paying that fee for the duration of the contract you sign up for or your plan will end, unless you terminate the plan before the next payment due date. All fees prior to your termination of a monthly plan are still owed to The Bright Orange Poppy. If you do not have a monthly plan with a fee for extra services through The Bright Orange Poppy, you will be assigned to the basic vendor plan. See our Membership Page for vendor account plan options or change your plan in your account. For help, please email [email protected]
Terms for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
- Customers of The Bright Orange Poppy vendor marketplace are responsible for paying for products or services at the time of checkout. When using a credit or debit card at checkout, you are subject to transaction fees applied at checkout and cannot use our services without paying the fees listed at checkout.
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 The Bright Orange Poppy and vendors 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. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a vendor accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the vendor, not The Bright Orange Poppy, will be responsible for that unauthorized disclosure.
If, however, The Bright Orange Poppy and vendors are found to be joint data controllers of buyers’ personal information, and if The Bright Orange Poppy 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 The Bright Orange Poppy 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 The Bright Orange Poppy.
4. Your Account with The Bright Orange Poppy
You’ll need to create an account with The Bright Orange Poppy to use some of our Services. Here are a few rules about accounts with The Bright Orange Poppy:
A. 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 The Bright Orange Poppy or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. 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.
C. 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.
D. 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.
E. 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.
F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and The Bright Orange Poppy.
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.).
A. 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.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant The Bright Orange Poppy a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help The Bright Orange Poppy function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree The Bright Orange Poppy may offer you or The Bright Orange Poppy buyers promotions on the Site, from time to time, that may relate to your listings.
C. Rights You Grant The Bright Orange Poppy. (Here’s the legalese version of the last section). By posting Your Content, you grant The Bright Orange Poppy 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 The Bright Orange Poppy, your vendor shop, or the Services in general, in any formats and through any channels, including across any Bright Orange Poppy 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.
That sounds like a lot, but it’s necessary for us to keep The Bright Orange Poppy going. Consider these examples: if you upload a photo or video of a listing on your Bright Orange Poppy shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; 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 or video of your latest handmade necklace, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and The Bright Orange Poppy’s.
D. Reporting Unauthorized Content. The Bright Orange Poppy 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 email us at [email protected] 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.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on The Bright Orange Poppy’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 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. We reserve the right to remove any content on our site that we deem inappropriate or unsuitable with or without reason; including content of any form that you create on thebrightorangepoppy.com through your account.
6. 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:
A. 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; 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 The Bright Orange Poppy, another Bright Orange Poppy user, or a third party.
B. Pay Your Bills. You are responsible for paying all fees that you owe to The Bright Orange Poppy. 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. The Bright Orange Poppy will calculate sales tax where applicable. Please see this FAQ for more information.
C. 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.
D. 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.
E. Follow Our Trademark Policy. The names “The Bright Orange Poppy,” “Bright Orange Poppy,” “The BOP,” “TheBOP209,” and the other Bright Orange Poppy marks, phrases, logos, and designs that we use in connection with our Services (the Bright Orange Poppy Trademarks), are trademarks, service marks, or trade dress of The Bright Orange Poppy in the US and other countries. Do not use these these to promote your own goods, services or website pages without written permission from The Bright Orange Poppy.
F. 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 The Bright Orange Poppy (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.
G. Talk to Us Online. From time to time, The Bright Orange Poppy will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that 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 The Bright Orange Poppy at any time from your account settings. 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. If you need help terminating your account, please email [email protected]
Termination By Us. We may terminate or suspend your account (and any accounts The Bright Orange Poppy determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. 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. Generally, The Bright Orange Poppy will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or The Bright Orange Poppy terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. The Bright Orange Poppy reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in The Bright Orange Poppy’s policies under these Terms and Conditions. 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 The Bright Orange Poppy 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 vendors, so The Bright Orange Poppy 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 vendor of the item. You release The Bright Orange Poppy from any claims related to items sold through our Services, including for defective items, misrepresentations by vendors, 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. The Bright Orange Poppy 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.
Content we publish about you. We publish content (featured articles) about individuals with permission and communication with them. If you are unhappy with content we publish you can contact us directly to resolve the issue. Agreeing to interview with us for an article is your permission to publish the information you give to us during an interview or to share content and media related to your work; with any links and photos included. Agreeing to be featured releases us from liability related to the content we publish from it. We share articles to support the work of individuals and intend for all of our content to be positive and supportive to the arts community and the individuals featured within. We own the rights to this content and if shared and used on another website or in another source, we expect it to be shared from the original source with the page link on our website.
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 The Bright Orange Poppy does not make any warranties with respect to your Gift Card balance 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. THE BRIGHT ORANGE POPPY 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 THE BRIGHT ORANGE POPPY, 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 THE BRIGHT ORANGE POPPY’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID THE BRIGHT ORANGE POPPY 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.
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if The Bright Orange Poppy gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend The Bright Orange Poppy (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 you 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 The Bright Orange Poppy’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Case System. Buyers and vendors who are unable to resolve a dispute related to a transaction on our website may contact us at [email protected] The Bright Orange Poppy 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. The Bright Orange Poppy has no obligation to resolve any disputes.
Release of The Bright Orange Poppy. You release The Bright Orange Poppy from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with The Bright Orange Poppy
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:
A. Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America.
B. Arbitration. You and The Bright Orange Poppy 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 (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, 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 or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and The Bright Orange Poppy are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. 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 or mediator. 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.
C. Costs of Mediation. For mediation through CEDR, the parties will pay their share of mediation costs, and under certain conditions such fees may be refundable to you, depending on the outcome of the mediation.
D. Forum. We’re based in California, so any legal action against The Bright Orange Poppy related to our Services must be filed and take place in Tuolumne County, California. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Tuolumne County, California, 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 or mediation, you and The Bright Orange Poppy agree to submit to the personal jurisdiction of a state or federal court located in Tuolumne County, California if your contract is with The Bright Orange Poppy.
E. 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 California.
F. Modifications. If we make any changes to this “Disputes with The Bright Orange Poppy” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against The Bright Orange Poppy prior to the date the changes became effective. The Bright Orange Poppy will notify you of substantive changes to the “Disputes with The Bright Orange Poppy” 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 The Bright Orange Poppy 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 The Bright Orange Poppy in accordance with the provisions of this “Disputes with The Bright Orange Poppy” 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 The Bright Orange Poppy 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 [email protected]
Last updated on Oct 10, 2020