Last Updated 4.15.24
The following terms of service (the “Terms of Service”) govern your access to and use of TheFolklore.com website, including any content, functionality and services offered on or through [URL] (the “Site”) by The Folklore Group, 26 Broadway, New York, NY 10004 (“The Folklore”, “we” or “us”) as a Brand through the Site. These Terms of Service apply to Brands and the term “you” shall refer to the Brand.
Please read these Terms of Service carefully before you start using the site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when the option is made available to you, you accept and agree, on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service. You further acknowledge, you have read and understood our Privacy Policy, found here, and Payment Terms, found here. Further, if applicable, you hereby acknowledge, you have read and understood the Source Terms of Service here. If you do not want to agree to these Terms of Service or our Privacy Policy, you must not access or use The Folklore Source.
In case you register or use the Site on behalf of your employer or another entity, you represent and warrant that you are authorized to bind your employer or such entity to these Terms of Service and you agree to these Terms of Service on their behalf.
The Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or The Folklore Source services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Site or any content or feature we provide thereon, or to modify these Terms of Service, at any time and without prior notice, and have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site to users. You agree that it is your responsibility to monitor changes to our Site. If we modify these Terms of Service we will post the modification on the Site and/or provide you with notice of the modification. By continuing to access or use the Site thereafter, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site.
If you have any questions regarding the Site or Terms of Service, please contact Customer Support by submitting a request here.
The original language of these Terms of Service is English. The Folklore makes this translation available for convenience only. In the case of conflicts between the original English version and any translation, the English version shall prevail.
1. Key Terms
Brand means a seller who offers to sell and/or sells its products to Retailers through the Site.
Order is the page that lists all of the details for an order submitted by a Retailer on the Site.
Payment Services Provider(s) are service providers that provide payment services to Brands and currency exchange services in connection with payments in local currencies.
Platform Fees are any and all fees chargeable by The Folklore in connection with a Brands use of the Site or The Folklore’s services in connection therewith.
Premium Retail Partners are a select group of distinguished department stores, e-commerce retailers, and specialty stores that are permitted to use their internal ordering systems to submit orders.
Products are actual products upload by the Brand to the Site.
Retailer means a buyer who purchases products through the Site for the purpose of resale.
Showroom Page is the page Retailers can browse to shop the products that Brands uploaded and view a Brand’s order terms, description of products, and imagery.
Subscription Fees are any and all fees chargeable by The Folklore in connection with the Brands membership to the Site.
Wholesale Marketplace is marketplace where a Brands' digital showrooms and Products appear for Retailers to browse and purchase products wholesale.
2. Brands
2.1 Basics
a. Only registered users may access and use the Site. To register, Brands must purchase a subscription plan and create an admin account. Any user that identifies as a brand owner selling fashion for men or women, accessories for men and women, beauty products, home items, wellness products, hygiene products, and fashion for children and baby are eligible to purchase a subscription plan. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
b. Admin account users cannot allow others access to use their account for any purposes. The only person permitted to login to an admin account or access our resources is the user that registered the account and whose name and information appears on the account.
c. Admin account users that are on Plus and Premium plans may invite members of the user’s staff to register for staff accounts. The invited staff members must be hired, active members of the Brand’s organization. Staff account users cannot allow others access to use their account for any purposes. The only person permitted to login to a staff account or access our services, is the user that registered the staff account and whose name and information appears on the staff account.
d. We may discontinue certain features or services offered on the Site at any time and Brands will be notified when we do.
e. Distributors are not permitted to register a Brand account on the Site or permitted to sell products on our wholesale marketplace. For the purposes of these Terms of Services, Distributors are sellers who sell a third party brand’s products to retailers as authorized third party resellers of that third party brand. If we become aware that a Distributor is using the Site, it will be immediately removed.
f. All orders from Retailers that discover a Brand through the Site must submit orders for that Brand using the marketplace checkout feature. The only Retailers that are exempt from submitting “On Platform Orders” through our marketplace are Premium Retail Partners. For the purpose of these Terms of Service, “Premium Retail Partners” are a select group of distinguished department stores, e-commerce retailers, and specialty stores that are permitted to use their internal ordering systems to submit orders. “Off Platform Orders” from Premium Retail Partners will be submitted as a PDF or spreadsheet directly to the Brand at the Brand’s preferred email and will include the email of one of The Folklore’s retail account managers. Brands will need to accept, request modifications, or decline these “Off Platform Orders” directly by responding to the buyer via email.
g. Brands may not receive or accept orders from Retailers that engaged the Brand due to The Folklore using any method other than the Site. The only exception is when receiving or accepting orders from one of our Premium Retail Partners, which can be identified by asking a member of The Folklore team. Soliciting to receive or accept orders outside of the Site from Retailers that engaged the Brand due to The Folklore, will result in immediate removal from the Site. If a company or individual requests to order outside of the Site, they must be reported immediately.
h. Users may not send or accept payments using any method other than the Site. The only exception is when sending or receiving payment from one of our Premium Retail Partners, which can be identified by asking a member of The Folklore team. Soliciting to receive or send payment outside of the Site will result in immediate removal from the Site. If a company or individual requests to pay or be paid outside of the Site, they must be reported immediately.
i. Filing a transaction dispute or reversing a payment through a Payment Services Provider or bank is a violation of these Terms of Service. This includes payment for Subscription Fees, orders, additional services, or any other payments processed on the Site or through one of our third party payment processors. Doing so may lead to a Brand’s account being temporarily or permanently disabled.
j. Brands are responsible for inputting the information and uploading the Products that appear on Showroom Pages. The Brand may do so by completing the self service onboarding instructions and following the product upload instructions. The Folklore is not responsible for creating or updating Showrooms for any Brands. Nonetheless, Brands agree that we may adjust, edit or remove content that Brands add to their Showrooms or Products in order to comply with internal specifications and requirements. The Folklore reserves the right to approve the final look and feel of a Showroom at its sole discretion. If we find Products or Showrooms do not comply with internal specifications and requirements, we have the right to remove that Product from the marketplace indefinitely until the provided suggestions are applied by the Brand.
k. Brands select what wholesale and retail prices to list for their Products. However, Brands are required to list their full wholesale catalog on the Site at the same prices as their other wholesale channels. Brands agree that prices on their Showroom will be consistent with all other wholesale and retail channels where their products can be found in the applicable region. Product prices should be inclusive of shipping fees.
l. A Brand can only have one company account. If a company or an individual owns more than one brand, they may open an additional account for that brand. Two brands cannot share a single account or list Products in the same Showroom, if an individual or a multi-brand showroom is using the Site and represents multiple Brands, they must create an individual account for each brand. Any violation of this policy can lead to removal from the Site.
m. By accepting these Terms of Service, you acknowledge and agree to the commissions, all Platform Fees, Subscription Fees, any and all payment processing fees, calculations, other identified costs, and payout schedules set forth on the Site. You agree and authorize the Folklore and/or its payment processors to deduct all commissions and fees due and owing from your payout amount, and to settle and transfer funds to your bank account as designated by you through your the Folklore account. If you are a Distributor, you acknowledge and agree that you have the power and authority to agree to the foregoing with respect to all third party brands whose products you distribute on the Site.
n. Brands are not required to have their brand profile or Products appear in the Wholesale Marketplace. While completing the self-service onboarding form, Brands can opt out of having their showroom visible in the brand Wholesale Marketplace by selecting “no” when asked whether the Brand wants to have its brand profile or Products appear in the Wholesale Marketplace. Brands can still draft products but should avoid publishing the products if they do not want them visible in the product Wholesale Marketplace.
o. Brands that do not wish to appear in the Wholesale Marketplace are agreeing that they also do not wish to use our wholesale services, which includes connecting them with retailers and being considered for in person wholesale selling events. Brands who opt out of appearing in the Wholesale Marketplace will not be presented to any Premium Retailers or boutique retailers as brands available to purchase through the Site.
p. Brands can opt in and out of being displayed in the Wholesale Marketplace by visiting the wholesale information tab under the profile area in the settings section. If a Brand that previously opted in, wants to opt out, it must email brands@thefolklore.com to confirm that they wish to opt out of appearing on the wholesale platform and any additional wholesale services we provide.
q. Brands can access Hub by logging in to the member.thefolklore.com platform and clicking Hub in the menu bar. Hub access is for members only so no links or information displayed in Hub should be shared with anyone privately or through social media. Sharing access to articles, downloadable templates, and information from hub is strictly prohibited and can cause a Brand’s accounts to be suspended.
r. Access to The Folklore Capital is included with each Brand’s subscription. All Brands have the ability to submit an application to be considered to be matched with one of our Capital Providers. "Capital Providers” are third party businesses who offer loans to other businesses. Brands are not required to pay The Folklore anything for connecting them with a funding provider through The Folklore Capital. Based on the location of the business, revenue, type of financing requested, and other factors, not all Brands will be compatible with our Capital Providers. The Folklore has multiple Capital Providers that we work with. If there are no available Capital Providers that we believe would be a fit, the Brand will receive an email notifying them of such.
s. The Folklore and Capital Providers are not business partners. The Folklore’s only relationship with the Capital Provider is one of a referral agent. The Folklore connects Capital Providers with Brands that request an introduction to that specific Capital Provider. The Folklore is not obligated to connect every Brand with a Capital Provider. We use our own discretion about which Brands we connect with which Capital Provider if a connection is to be made at all. The Folklore does not share any information about a Brand’s business other than the information that the Brand shared when filling out the capital request form. We are also unable to verify any of the information listed on the form or any additional information requested from the Capital Provider unless we receive written permission from the Brand to do so.
t. Each Capital Provider has their own set of requirements and ways it measures businesses that it is considering lending to. To understand more about the requirements, the Brand must directly ask the Capital Provider for this information. The Brand and the loan provider negotiate and set the loan terms directly. The Folklore is not responsible for contributing to the creation of the loan terms or negotiating on behalf of the Brand or Capital Provider.
u. Loans are repaid by the Brand directly to the Capital Provider in the manner and at the time that the Capital Provider and Brand agreed to. No money shall be sent to The Folklore for loan repayment. The Brand and the Capital Provider should discuss any penalties for not repaying the loan on time prior to the loan agreement being accepted. The Folklore is not responsible for helping resolve any disputes or consequences faced by the Brand as a result of loans going unpaid and cannot be named in any legal proceedings. If a Brand did not like an experience it had with a Capital Provider that we connected them with, the Brand can report this provider by emailing brands@thefolklore.com.
v. Users undertake to comply with The Folklore’s Community Standards (set forth below), which are a set of behavior rules and guidelines, applicable to The Folklore community and marketplace in addition to these Terms of Service, as updated from time to time.
2.2 Subscriptions
a. Brands must keep a valid payment method on file to pay for all incurred and recurring Subscription Fees and other Site services fees. The Folklore will charge applicable fees to any valid payment method that Brands authorize and will continue to charge the authorized payment method for applicable fees until the Subscription and/or services by the Folklore are terminated and any and all outstanding Platform Fees have been paid in full. Unless otherwise indicated, all Platform Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency.
b. Subscription Fees will be billed in 30, 182, or 365 day intervals, depending on which subscription payment cadence the Brand selects, and must be paid in advance. Transaction fees and additional fees will be charged at various times depending on the type of service or transaction and the fee due dates. The payment method on file by the Brand will be charged on each billing date for all outstanding Platform Fees that have not previously been charged. Fees will appear on an invoice, which will be emailed to the email address provided by the admin account holder. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
c. If we are not able to process payment of Subscription Fees using any of the payment methods on file by the Brand, we will make subsequent attempts to process payment using any of the authorized payment methods. These attempts to collect payment will be made 3, 7, and 14 days, respectively, after the original failed payment. If we are unable to successfully process payment of Subscription Fees within 14 days of our initial attempt, we may suspend and revoke access to the Brand’s account and our services and resources. Brands accounts will be reactivated upon its payment of any outstanding Platform Fees, plus the fees applicable to your next billing cycle. Brands may not be able to access their account or our resources and services during any period of suspension. If the outstanding Platform Fees remain unpaid for 30 days following the date of suspension, The Folklore reserves the right to terminate the Brand’s accounts and all information will be deleted.
d. Changes in subscription pricing and/or Platform Fees happen from time to time. Before any changes are made, Brands will be notified via the email associated with the admin account. Subscription price increases or Platform Fee increases may not occur in the middle of a term and will only be applied to Brands once their current term ends and the auto renewal for the plan is processed.
e. There are no refunds for subscription payments. All subscription payments are final. If a Brand is removed from the Site for violating our policies, they are not eligible to receive a refund. Subscription payments are made in exchange for users gaining access to the Site and resources outlined in their selected subscription plan. As long as The Folklore continues to provide Brands access to use the platform and resources, all paid services are considered to be provided. No other services are offered or promised by The Folklore. We have a right to discontinue certain features, resources, or services offered for any subscription plan at any time without notice. These changes will not lead to a decrease in the cost of the subscription or justify any request to receive a refund. Not being satisfied with selling results or the performance of the Site, resources, or services does not give users the right to request or receive a subscription refund.
f. Once a Subscription is canceled, the Brand will still have access to the Site and plan benefits until the subscription term ends. After the Brand cancels the Brand’s subscription and the subscription term has ended, the Brand will no longer have access to login to the Site or have access to plan benefits. The Brand’s account, saved Products, and business information will be deleted within 10 days of the subscription term ending. In order to access the Site and the benefits after the Brand cancels its subscription and the subscription term has ended, the Brand would need to register to create a new account.
2.3 Commission
a. Brands are charged wholesale commission for the first order and every subsequent order placed on the Site by a Retailer that discovered the Brand or were introduced to the Brand through the Site or Services. If a Brand or Retailer chooses to leave the Site, orders no longer have to be placed on the Site, therefore, subject to our cancellation terms set forth herein and Payment Terms, commission will no longer be collected on future orders between that Retailer and Brand.
b. For Brands working with Premium Retail Partners on Off Platform Orders, wholesale commission is charged for the first order and every subsequent order placed while still a subscribed member of The Folklore. If a Brand chooses to cancel its membership, for the 12 months following the end of its subscription, commission from orders will still be charged for any first or subsequent orders a Brand receives from a Premium Retail Partner that discovered the Brand or were introduced to the Brand through our Site or Services.
c. If a Premium Retail Partner decides to leave the Site, Off Platform Orders will no longer have to be submitted through The Folklore, therefore, subject to our cancellation terms set forth herein and Payment Terms, commission will no longer be collected on future orders between that Retailer and Brand.
d. If the Brand has not previously received an order from a Retailer or has not received an order from a Retailer in 18 months, that Retailer would be considered a new retailer. If a new retailer discovers or re-engages with the Brand through the Site, a The Folklore event, or any services offered by The Folklore, any order from that Retailer must be placed through The Folklore and is eligible for The Folklore to collect commission.
e. It’s important for Brands to identify and consistently update their existing retail partners in order for those retail orders to be processed with 0% commission. Brands list their existing retailers on the onboarding form and can make edits to it in the settings section. If commission is charged for an existing Retailer accidentally, the Brand should email brands@thefolklore.com to receive a refund on that commission.
f. If a Brand was having conversations with one of our Premium Retail Partners but did not receive an order from that partner before joining, the Premium Retail Partner can choose to loop us in to support getting the order placed. If the Premium Retail Partner does this, they would be considered a new retailer and The Folklore is eligible for commission. The Brand can decline to have The Folklore support in getting the order completed, and we’ll honor the Brand’s wishes and disclose to the Retailer that we are unable to support the order.
g. Commissions are calculated based on the dollar amount of the Order Subtotal.
2.4 Referral Credits
Brands can receive different credit amounts based on the type of user they refer. Brand hereby acknowledges that any such credit shall be sufficient consideration for the Brand’s referral. Brands can keep track of the amount of payments they earned by visiting the “Referrals” section on the Site. The credit value per user type and the corresponding events that trigger the credits include:
- Brand referrals: $25
- After a brand completes 14 day trial and pays for a subscription
- Retailer referrals: $100
- After a retailer onboards and makes their first purchase
- Service Provider referrals: $25
- After a “service provider” onboards and completes his/her first “project”
There is no cap on the amount of credits a Brand can receive. All credits expire after 6 months.
3. Orders
3.1 Basics
a. All orders from Retailers that discover a Brand through the Site must submit Orders for that Brand using our marketplace checkpoint feature. The Folklore will send Brands an email each time a Retailer places an Order. The Orders page on the Site will also be updated with new order details. Brands will be able to review the order details and accept or deny the Order. Brands must accept or deny an Order within 5 business days of receiving the email notifying the Brand of the Order. Brands have the right to refuse any Order by a Retailer for any reason. Repeated refusal may impact a Brand’s visibility and search placement.
b. The only Retailers that are exempt from submitting “On Platform Orders” through our marketplace are Premium Retail Partners.
c. “Off Platform Orders” from these Premium Retail Partners will be submitted as a PDF or spreadsheet directly to the Brand at the Brand’s preferred email and will include the email orders@thefolklore.com. Brands will need to accept, request modifications, or decline these “Off Platform Orders” directly by responding to the buyer over email.
3.2 Accepting Orders
a. Orders are considered accepted when the Brand confirms the Brand is capable of fulfilling the terms of the Order by clicking the “Accept” button on the Order page.
b. An Order is considered fulfilled when all items that are listed in the Order or that are agreed to be produced are confirmed to be delivered by the Retailer.
c. An order is considered closed when the Order has been fulfilled by the Brand and the full payment has been made by the Retailer.
3.3 Cancelling Orders
a. Brands are allowed to cancel orders within 10 business days of the Order being accepted, without any penalty. Any cancellations placed outside of the 10 business day window is considered a Late Cancellation.
b. After the 10 business days cancellation window has passed, Brands may not cancel Orders without extreme cause. Brands are permitted one Late Cancellation every six months without penalty. If the Brand exceeds the Late Cancellation limit over a six month period, they will be charged a $150 late cancellation fee for each additional Order canceled during the same six month period.
c. To cancel an Order with a Retailer, Brands should first message the Retailer to inform the Retailer of the Brands desire to cancel the Order. The Brand will then need to submit a request for cancellation to the Folklore by emailing brands@thefolklore.com and we will update the Order’s status on the Site and send an email confirmation notification to both the Brand and Retailer.
d. To cancel a wholesale Order that has already been accepted, Brands must email brands@thefolklore.com with information about the Order the Brand would like to cancel. Canceling Orders can put the Brand at risk of Wholesale Marketplace removal. Refer to cancellation policy for more details about the implications of canceling an order.
3.4 Shipping Orders
a. Brands are responsible for arranging for Orders to be delivered to the address Retailers provided in the Order.
b. Orders are to be delivered to the address listed by the Retailer in the Order unless otherwise changed by the Retailer at least seven (7) business days before shipment is due to ship. If a change in address or any disruption by the Retailer changes the cost of delivery, the Brand may request additional payment to account for the change in price and are not bound to ship until that additional amount is sent by the Retailer.
c. The Folklore does not handle or guarantee shipping, tracking, quality, or condition of Orders and shall not be responsible or liable for any damages or other problems resulting from shipping or delivery. Brands shipping goods must send all tracking information directly to the Retailers once it has been prepared for delivery.
3.5 Damaged Orders
a. Brands are responsible for any damage or loss of goods until the Order is successfully delivered to the address on file for the Retailer. Brands should consider obtaining insurance for all shipments to limit liability, incase Orders are lost or damaged enroute to the Retailer.
b. Retailers are responsible for reaching out to Brands through the Site’s messaging system to attempt to resolve issues relating to damaged or missing items in an Order. The Folklore will notify Brands if a Retailer reports to us directly that a product is damaged or if an Order is missing items. The Folklore will send any photographs of any damaged item or of the Order as a whole that it receives to the Brand. Brands acknowledge and agree that the Brand alone is responsible for resolving the issue, including making a claim with the shipping provider, and the Brand hereby release The Folklore from any liability. Please reference our Refund Policy for information on refunds for damaged or missing goods.
c. The Folklore does not require Brands to purchase shipping insurance. However, The Folklore strongly recommends that the Brand do so in order to facilitate any shipping dispute that may arise with a Retailer. Shipping protection may be available. Shipping protection and insurance may be offered by third parties. Unless explicitly agreed to by the Brand, the Retailer, and The Folklore, in writing, The Folklore is not responsible for any shipping protection or insurance of products.
3.6 Late Orders
a. If a Brand delivers more than 30 days past the Order Lead Time listed on the Order or a mutually agreed upon Order Lead Time that was confirmed by the Retailer before the Order was accepted, the Order is considered late.
b. Retailers have the right to cancel an Order if the Order is deemed late based on The Folklore’s definition. Brands may request an additional extension from the Retailer, although the Retailer is not obligated to provide that extension, and can cancel the Order and receive a full refund of any deposit that may have been made by the Retailer. The Brand is obligated to return those funds to the Retailer within 10 business days.
4. Disputes and Cancellations
Brands should first attempt to settle conflicts themselves. If for any reason this fails, Brands can contact The Folklore’s Customer Success department at brands@thefolklore.com for help. For more information about disputes, order cancellations and refunds please refer to Payment Terms (below).
5. User Conduct and Protection
5.1 Basics
a. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of The Folklore in order to circumvent or abuse the Site messaging system or the Site is not permitted.
b. Any necessary exchange of personal information required to continue a service may be exchanged within the Project Scope page.
c. The Folklore does not provide any guarantee of the level of service offered to Brands.
d. The Folklore does not provide protection for users who interact outside of the Site.
e. All information and file exchanges must be performed exclusively on the Site.
f. Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension or removal of your account.
g. Users may not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
h. Users may not submit proposals or solicit parties introduced through the Site to contract, engage with, or pay outside of the Site.
5.2 Permitted Activities – Brands are permitted to sell the following services on our Wholesale Marketplace and in their Showrooms:
a. Women’s Fashion: women's accessories, women's apparel, women's bags, women's intimates & sleepwear, women's shoes, and women's swimwear
b. Men’s Fashion: men's accessories, men's apparel, men's bags, men's shoes, men's swimwear, and men's undergarments and sleepwear
c. Beauty and Grooming: bath and body, fragrances, Grooming, Hair Care, Makeup, Nail Care, Skincare
d. Home: Bedding, Decor, Home Fragrance, Kitchen & Dining, Paper & Novelty
e. Hygiene: deodorant, hair removal and shaving products, hand and foot care, intimate care, and oral care
f. Children and Baby Fashion and Accessories: baby accessories, baby apparel, baby gear, baby toys and play items, boys accessories, boy's apparel, girl's accessories, girl's apparel, children toys and play items
g. Wellness: sexual wellness products, vitamins and supplements
5.3 Violations
a. If it is brought to our attention that any information provided by a user is false, they will be automatically removed from the platform. That includes any misrepresentations of work, ownership of the company, experience, identity, or any other information provided on their profile, during registration, or in communication with other users or The Folklore team. Users are encouraged to report any suspicious fraudulent activity. The Folklore cannot be held liable for any false information provided by users of the platform.
b. Brands may not include external website links on their showroom page or contact information such as email addresses or phone numbers. If seen, The Folklore will ask for it to be removed and must be done within 48 hours or risk suspension. Repeated offenses of this nature may result in removal from the platform. Brands may include links and contact information in messages between a retailer and themselves.
c. Profile images for Brands must be a professional photo of the Brand’s official business logo. Only photos and videos that the Brand has the legal rights to use and that directly reflects products created or owned by it are allowed to be uploaded in the Showroom media gallery and product listings.
5.4 Reporting Violations
To report a user who is suspected of violating our terms and policies, Brands should email brands@thefolklore.com with details about the violation and a link to the user's profile.
5.5 Removal of Brand
a. Brands accounts may be removed, without warning, from the Site if the Brand violates any of these Terms of Service. Brands that are removed from the Site are not eligible to return or receive a refund and must continue to pay Platform Fees until its member term expires.
b. Brands may be removed, without warning, from The Folklore Wholesale Marketplace if the Brand violates any of these Terms of Service, do not comply with internal specifications and requirements, or display ineligible products. Brands that are removed from the Wholesale Marketplace are not eligible to receive a refund or entitled to stop paying Subscription Fees while the Brand’s membership term remains active. Brands may be added back to the Wholesale Marketplace if the violations have been addressed and The Folklore makes the decision to do so in its sole discretion.
5.6 Proprietary Restrictions
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by The Folklore and protected by copyright, trademark, and other intellectual property laws. The Folklore® and The Folklore Source® are all registered trademarks owned exclusively by The Folklore. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (a) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (b) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (c) remove any copyright notice, identification or any other proprietary notices; (d) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (e) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (f) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (g) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (h) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (i) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (j) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, The Folklore owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
5.7 Confidentiality
There might be a need for Retailers to disclose certain confidential information to be used by Brands for the purpose of delivering the ordered work and to protect such confidential information from unauthorized use and disclosure. You hereby agree to treat any information received from Retailers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Brands specifically agree to (a) maintain all such information in strict confidence; (b) not disclose the information to any third parties; (c) not use the information for any purpose except for delivering the ordered work; and (d) not to copy or reproduce any of the information without the Retailer’s permission.
6. General Terms
a. The Folklore reserves the right to suspend any account or permanently disable any account due to breach of these Terms of Service and/or our Community Standards, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
b. Violation of The Folklore's Terms of Service and/or our Community Standards may get your account disabled permanently.
c. Users with disabled accounts will not be able to sell or buy on the Site.
d. Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
e. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
f. You understand and agree that if you use the Site after the date on which the Terms of Service have changed, The Folklore will treat your use as acceptance of the updated Terms of Service.
7. Community Standards
7.1 Integrity and Authenticity
a. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. Users cannot allow others access to use their account for any purposes, including offering services. The only person permitted to login to an account is the user that registered the account and whose name and information appears on the account.
b. The Folklore defines “spam” as messaging activity on the Site that is unwanted, repeatedly occurring, and disruptive to the recipient’s experience. Users agree to not to spam.
7.2 Illegal and Prohibited Activities
Please note that examples included below are not an exhaustive list. We may update what is considered an illegal or prohibited service from time to time.
a. Illegal Services
We require our users to abide by all applicable laws and regulations. Users may not offer or request services related to illegal activity, or ones that promote, approve, or enable any unlawful behavior. The Folklore reserves the right to permanently suspend user accounts involved in violation of this policy. Please note that The Folklore reserves the right to report illegal activity to law enforcement authorities.
b. Prohibited Services – Brands are not permitted to sell the following services on our Wholesale Marketplace or in the Brand’s Showrooms:
i. Any products not listed on the permitted products list.
ii. Any products that encourage sexual exploitation, abuse, or human trafficking.
iii. Products that glorify and/or promote incitement of violence, or any other criminal and harmful behavior towards an individual, group, or animals.
iv. Products that promote or symbolize groups or concepts that are synonymous with discriminating or causing harm to people or animals due to race, religion, gender, sexuality, disability or other protected groups.
v. Products with the intention to create or promote the spread of fake news and disinformation.
vi. Age-restricted products such as alcohol, tobacco, or gambling.
v. Animals and livestock, including pet prescriptions and certain animal products.
vi. Automobiles, automotive parts, and other motorized vehicles, including but not limited to recreational vehicles (RVs), all-terrain vehicles (ATVs), and motorcycles.
vii. Cannabis products.
viii. Drugs and drug-related products.
viii. Financial or professional services.
ix. Hazardous materials.
x. Human parts.
xi. Mature content, services, or products that have nudity.
xii. Means of payment, such as stamps, cash, tokens, or any other form of physical or digital currency.
xii. Medical devices and accessories.
xiii. Surveillance equipment.
xiv. Tickets.
xv. Weapons, ammunition, explosives, or related accessories, such as holsters, or any form of gun or bullet storage.
7.3 Hate Speech and Discrimination
a. Hate Speech – The Folklore defines hate speech as content which is intended to incite violence or hatred against a person or group of people, based on their real or perceived characteristics, which may include, without limitation race, skin color, ethnicity, sexual identity, gender identity, marital status, religion, age, or disability. Hate speech may appear in the form of threatening, derogatory, or dehumanizing language, usage of ethnic or racial slurs, or as content that supports hateful narratives and behavior. Hate speech is prohibited.
b. Discrimination – The Folklore considers any unfair or unequal treatment of a person or group of people based on real or perceived characteristics, such as race, skin color, ethnicity, sexual identity, gender identity, marital status, religion, age, or disability, to be discrimination. Discrimination is prohibited.
7.4 Harassment and Abusive Conduct
Any and all behavior and/or communication on the platform that is inappropriate and could be considered harassment is prohibited.
7.5 Intellectual Property
The Folklore does not permit any service that violates the intellectual property (IP) rights of individuals and/or businesses, and will take measures against those who provide or request such services. The Folklore reserves the right to permanently suspend accounts which are involved in infringement of intellectual property rights.
7.6 Minors Policy
a. Services Involving Minors
i. In cases where the minor is the primary service provider (for example, child voice over), the owner of the account must be the minor’s parent or legal guardian. When this is the case, it must be clearly stated in the Gig components and profile description.
ii. In cases where the minor is involved in the service creation process (for example, photography for children’s products) it must be clear from the nature of the service that participation of minors is required.
iii. In cases where the minor is involved in the service creation process (for example, photography for children’s products) it must be clear from the nature of the service that participation of minors is required.
b. No Sexually Explicit Content Featuring Minors
i. The Folklore does not allow sexually explicit content featuring minors or content that seeks to sexually exploit minors. The Folklore also prohibits content that depicts and/or describes minors in a way which could be considered sexually suggestive in nature, violent, or exploitative.
ii. The Folklore may use broad discretion when removing content that includes or depicts minors. User accounts involved in violation of this policy can be permanently suspend.
8. User Content
8.1 User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to the Site by our users is User Generated Content. The Folklore does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. You acknowledge and agree that you are solely responsible for all Content that you make available through the Site. By uploading to, or creating content on, the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and to grant The Folklore the rights in such content as contemplated under these Terms of Service (including, without limitation, all rights, licenses, consents and releases from applicable third party brands if you are a Distributor) and that such content or the use thereof in the Site or social media platforms (or the use The Folklore or a Retailer of the content (or any portion thereof) does not and shall not (a) infringe, misappropriate, or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or and the account disabled.
Furthermore, The Folklore is not responsible for the content, quality or the level of service provided by the Brands. We provide no warranty with respect to the Products, the delivery of work, or any communications between Brands and Retailers. You are solely responsible for any content you provide and its accuracy. The Folklore takes no responsibility and assumes no liability, and you hereby release The Folklore from any such liability related to any content posted or otherwise made available by you, and you agree to indemnify The Folklore per the terms of the Indemnification section herein.
By offering a service, the Brand undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on the Site.
8.2 Content License
In connection with your use of the Site, you hereby grant to The Folklore a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) your content on, through or by means of the Site and any of The Folklore’s advertising, marketing, publicity and other initiatives and events. The Folklore does not claim any ownership rights in any of your content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit your content. You hereby agree that The Folklore may at its option, grant a limited, revocable sublicense to Retailers to use your content on their website for the sole purpose of promoting products purchased from you through the Site.
9. Links to Third Party Websites
The Site may contain links to third-party websites or resources. You acknowledge and agree that The Folklore is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Folklore of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
10. Disclaimer of Warranties
THE SITE AND CONTENT ON THE SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE FOLKLORE 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. THE FOLKLORE MAKES NO WARRANTY THAT THE SITE (AND OR SERVICES PROVIDED BY THE FOLKLORE) OR CONTENT ON THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. THE FOLKLORE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, THE SITE (AND/OR SERVICES PROVIDED THROUGH THE SITE) OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE FOLKLORE OR THROUGH THE SITE OR CONTENT ON THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE. YOU UNDERSTAND THAT THE FOLKLORE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, NOR DOES THE FOLKLORE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE. THE FOLKLORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
11. Limitation on 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 AND CONTENT ON THE SITE REMAINS WITH YOU. IN NO EVENT WILL THE FOLKLORE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND WHETHER OR NOT THE FOLKLORE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with The Folklore, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE FOLKLORE 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.
12. Indemnity
You agree to defend, indemnify, and hold The Folklore, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms of Service and/or any law or the rights of a third party, and/or your use of or participation on the Site.
13. Product Liability Insurance
All Brands are responsible for maintaining, at their own cost and expense, general commercial liability insurance (including comprehensive product liability) with respect to its products listed on The Folklore in such amount as is reasonable and customary for companies of comparable size and activities. The Folklore reserves the right to request proof of such insurance coverage and other relevant information at any time.
14. Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that any direct Product is not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.