Folksy Ltd

Terms Of Service / FAQ's - Why are they based on US Law?

(Lizzie Gillum, Bedfordshire, Uk ) #1

The FAQ’s and Terms of Service keep making reference to US law. Why is this? Folksy is a UK-only site, isn’t it? Sellers are only allowed to be based in UK. Which surely means we are subject to UK law, doesn’t it?

(Shirley Woosey) #2

Lizzie @LizzieMade which bit of the Terms or FAQ’s do you mean?

I don’t remember seeing anything about US law.

Can you post a link the bit you are referring to please.

Shirley x

(Eileens Craft Studio) #3

Are you referring to the forum or to selling and buying on Folksy?

If it’s the forum than I suspect the forum is from an American company.

I’ve just check the selling rules and they are correct for the UK.

(Lizzie Gillum, Bedfordshire, Uk ) #4

Sorry, not clear - I mean the TOS / FAQ’s for the Talk Folksy forum. It keeps referring to US law, but Folksy is based in the UK, so I wondered what US law has to do with us.

(Eileens Craft Studio) #5

Ahhh I was right you did mean the forum legalize. That will proberly be due to the fact it’s an American company that the forum software is from.

The forum hasn’t been developed by Folksy but is an off the shelf item bought by Folky from an American company.

(Lizzie Gillum, Bedfordshire, Uk ) #6

This is the main “offending item” : TOS Item 18, which states that the terms of the agreement are those that apply in the US State of California and that any breaches that go to court, will be tried in San Francisco.
There are other references to US law and US items (eg The New York Times).

At the very top of the TOS, it states that Folksy is based & operates in United Kingdom. This must mean that UK law applies, not US law. We don’t accept US sellers - or sellers from countries outside UK - so UK law should apply to all business and communications transacted via Folksy.

It looks as if these TOS / FAQ’s have just been copied and pasted, with no proper consideration given to their relevance or legal status. Someone needs to review them and make sure they really do hold water.

(Fiona Thomson) #7

i don’t even know where you’re seeing those @LizzieMade?? :confused:

but like @EileensCraftStudio said, the forum (discourse) is american.
the link to folksy terms of use is on the front page of the site

(Eileens Craft Studio) #8

Lizzie these are the terms and conditions of usage for when they paid for the forum software

As said they are not the terms and conditions of usesage for us folksy shop owners those are totally different.

(Lizzie Gillum, Bedfordshire, Uk ) #9

Those are the Folksy terms of use; I mean the TOS & FAQ’s for this forum - Talk Folksy. It’s seperate (even has a separate sign-in).
To find them, look for the little lines next to your avatar - top right of the screen in this forum - then click for the drop-down menu. The FAQ page is the third option and TOS is accessed via FAQ page.
The forum info states that it is for Folksy and that Folksy is based and operated in UK. Therefore the forum is UK based too.

(Eileens Craft Studio) #10

but it’s bought from an usa company and they have their own terms and conditions as part of there selling the forum we use to

Its the same when you buy a piece of Microsoft software for your pc /laptop you buy it under their contract. A USA company. You can’t change those TOC’s they are built into the contract.

Folksy when they bought the forum software from an American company and like any software company they have a terms and conditional usesage when you buy it. This is normal procedure when buying from a software company.

I own a forum I bought the forum software from a USA based software company when I bought it I agreed to their terms and conditions and I’m now responsible to make sure my members use the forum in accordance to those rules. I can be held legally responsible for the way my member post on my forum. Therefore I have a small team of moderators to help me remove any thing that voliates not only our club rules but anything that violates the softwares company rules.

(Fiona Thomson) #11

^ who is REALLY going to go to all that effort though? (you lost me at “little lines”)
and most of us that’re in the forum are sellers anyway, and know we’re in the UK and selling under UK law.

get back to yer books @LizzieMade! :stuck_out_tongue:

(Lizzie Gillum, Bedfordshire, Uk ) #12

Nyah-naa-naaa… blows raspberry @fionaT! :wink:
Folksy want us to read the TOS & FAQ here - if we do, they will give us a Badge (all together now, “Oooo-oooo!”).

I suppose it doesn’t matter, until there is a problem that needs legal redress.

Okay I will go back to my books now - I have two projects on the table and they’re both much more exciting anyway (trying a new stitching method!!)

X’s all!

(Sian ) #13

Good spot @LizzieMade ! I’m pretty sure they only related to the forums last time I looked… Anyway, I’ve linked it to the Folksy TOS now :stuck_out_tongue:

(Lizzie Gillum, Bedfordshire, Uk ) #14

Oh hi @sianfolksy Sian! Thanks for reading. As I said, it’s maybe not a real problem, until something happens that needs a legal solution… when the TOS referring to US law might cause issues.

Anyway, thank you. (creeps back into Bookbinding Studio with coffee, biscuits and glue brush…)