Terms of Service

Last updated on 8.9.2023

Your use of this website (“Site”) and the features of this Site are subject to these Terms of Service (“Terms”). We may change, add or remove portions of these Terms at any time by notifying you of the change in writing (including by email or by updating the date above after “Last updated on”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site. Your use of this Site, including after we post any changes to these Terms, constitutes your agreement to these Terms.

Data protection

For information on how this Site collects, uses and shares any personal information, please see our Privacy Policy.

Warranties and liability

To the extent permitted at law, we do not accept any responsibility for any statement on this Site. Nothing on this Site is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to this Site or any part of it. You can access other sites via links from this Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning this Site or its Content. Although we will do our best to provide constant, uninterrupted access to the Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

We may, at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that we will have no liability to you if this Site is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this Site.

General disclaimer

While we use reasonable efforts to ensure that the information on this Site is accurate and up to date, we reserve the right to make corrections. We shall not be liable for any errors, or inaccuracies of the information on this Site, any delays in transmission of that information, or for any actions taken by you in reliance thereon.

All information that appears on this Site is provided for informational purposes only and is based on thorough research.

We cannot be held responsible for any incorrect information contained on this Site or consequences resulting thereof. For example, we cannot be held responsible if a flea market, antique fair, store or any other venue featured on this Site modifies its days & hours of operations or goes out of service, therefore rendering any information on this Site inaccurate or out of date.

We encourage all readers and customers who consider making arrangements to visit one or more venues featured on this Site to always double-check the day & hours of operation, as well as its location, with the event’s organizers and third-party websites, before making any travel arrangement.

Premium access / Premium subscription

You may buy Premium Access to restricted information, available only to ‘Premium Subscribers’ or ‘Members’. The sales of subscriptions of Fleamapket Premium are governed by our Terms of Sale.

Cancellation Policy & Refunds

You may cancel your subscription at any time with immediate effect. Simply send us an email, cancel your subscription from your dashboard, or cancel the recurring payments with your payment provider. Purchases made within 7 days of payment, whether an initial purchase or a renewal payment, are eligible for a refund. Please include your original order numbers and the subscription for which you are requesting a refund – this information is available in the Account & Billing section of your account.

For recurring subscriptions (i.e. renewals after an initial or “first time” purchase): If you wish to cancel your subscription, please do so before it automatically renews. Cancelling a subscription before payment has been made, is free of charge. However, if you cancel after payment has been made, PayPal or Stripe will charge a 5% refund fee. So make sure you cancel or request to cancel your subscription before it automatically renews to get a full refund – we systematically send you two automatic emails before it automatically renews. For example, for a $59 subscription, you will receive a $56 refund.

Refunds for initial or “first time” purchases are not affected by this policy. For example, for a $59 subscription, you will receive a $59 refund regardless of payment method.

Third Party Websites

This website contains links to other websites. We do not guarantee the accuracy of, endorse the views or opinions given by, or take responsibility for the content of any third party website. The views and information contained on these outside websites do not necessarily reflect our views. The links to those websites are provided for purely informational purposes.

Content

All writing, design layouts, trademarks, logos, slogans, and other material found in communications, on our website, or in any other materials created by it, regardless of the medium in which they appear, are, if not stated otherwise, the property of this Site and its owner or are used by licenses (the “Content”). Any Content made available for viewing at or download from this Site or any other source shall remain the property of this Site and its owner. The Content is intended solely for personal, non-commercial use by the users of this Site. You may download, print, and store the Content and downloadable materials displayed on this Site, for your internal personal or business use only. No right, title, or interest in any downloadable materials or software, or in any of the copyrights or other intellectual property rights inherent in them, is transferred to you as a result of any such downloading or copying. We reserve complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not, and you will not allow any third party to reproduce, duplicate, copy, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software without our express written consent. Requests to use, cite or republish the data provided by this website can be made in writing using this contact form.

You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic devices, programs, algorithms, or technologies which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, map, list, generate searches or monitor any portion of this website or the server this website is hosted on.

All flat circular icons published on the site’s homepage as well as on our subscription pages are the property of Freepik, which use is granted by Flaticon Basic License on the basis of a Free Licence With Attribution. Images featured on this website were licensed as Creative Commons at the time reviews, articles, or listings were published.

Both you and Fleamapket acknowledge and agree that no partnership is formed and neither you nor Fleamapket has the power or the authority to obligate or bind the other.

User content

Users of this Site may be permitted to submit content for publication in various areas of the Site. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Site.
You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of this Site, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Site.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability.

You understand that the technical processing and transmission of the Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. The Site assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.

If you are under 16, you confirm that you have permission of your parent or guardian to submit content.
Any queries regarding copyright and your content should be directed to us using this contact form.

Governing Law

This Agreement will be governed by and construed in accordance with the national laws of the Republic of Austria without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the state and local courts of the Republic of Austria. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Miscellaneous
The failure of this Site to comply with the Terms of Service because of an act of God, war, fire, riot, terrorism, earthquake, actions of European, state or local governmental authorities or for any other reason beyond the reasonable control of this Site, shall not be deemed a breach of these Terms.
If this Site fails to act with respect to your breach or anyone else’s breach on any occasion, this Site is not waiving its right to act with respect to future or similar breaches.
If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

DMCA notice for US users

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name a address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
The Site’s designated copyright agent to receive notifications of claimed infringement can be reached by using this contact form. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Additional disclaimers

Visitors to the Site agree that their use of the Site is at their own sole risk. The Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. The Site also makes no representations and warranties as to any linked sites and the Site has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Site may represent the opinions and judgments of providers or users, such as user content. The Site and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Site by anyone other than authorized employees of the Site acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. The Site does not warrant or guarantee that access to the Site will be uninterrupted or error-free.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL THE SITE OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF THE SITE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, THE SITE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING THE SITE’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

Exclusion of warranties (for Australian users)

The Australian Consumer Law may confer certain rights and remedies on you in relation to the provision by the Site of goods and services under these terms and conditions. Notwithstanding the disclaimers and limitations of liability in Sections 4, 16 and 17 above, these terms and conditions do not exclude, restrict or modify the application of any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of the Australian Consumer Law or any other statute where to do so would: (i) contravene the relevant statute; or (ii) cause any part of these terms and conditions to be void and/or unenforceable (“Non-Excludable Obligation”).
Except in relation to Non-Excludable Obligations, all conditions, warranties and other provisions implied or conferred by statute, custom, or the general law that impose any liability or obligation on the Site are expressly excluded under these terms and conditions.

Non-Excludable Obligations (for Australian users)

In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances or quiet possession conferred by the Australian Consumer Law), except for goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which our liability is not so limited under these terms and conditions), the Site’s liability to you for a failure to comply with any Non-Excludable Obligation is limited to: (i) in the case of services, the lowest of the cost of supplying the services again and payment of the cost of having the services supplied again; and (ii) in the case of goods, the lowest of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THIS SITE AND ARE ACCEPTED BY YOU UPON YOUR USE OF THE SITE.

Impressum

Fleamapket is owned and run by:

Flea Market Insiders – Nicolas Martin
Lobenhauerngasse 4
1170 Vienna
AUSTRIA

UID: ATU72336028
Informationen zu E-Commerce und Mediengesetz

More information: Wirtschaftskammer Österreich


You may also consult our privacy policy or terms of subscription sales.

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