Terms of Service

Ella's Whimsy Clothing Boutique, LLC. TERMS OF SERVICE

Last Updated: August 19, 2026

1. Overview and Acceptance of Use

Welcome to Ella's Whimsy Clothing Boutique, LLC. (“Ella's Whimsy”) is a curated online clothing boutique connecting creative brands with customers and other businesses, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Terms of Service (“Terms”), the terms “Faire”, “our”, “us”, and/or “we” refer to Faire. The terms “you” and/or “your” refer to any visitor of the Site and/or the Application and any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (defined below), and constitute a binding legal agreement between you and Faire.

Please read these Terms, our Privacy Policy, the Retailer Terms of Service, and Brand Terms of Service, all of which are incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Ella's Whimsy and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES (INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ONTO THE SERVICES), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND POLICIES REFERENCED IN THESE TERMS. THIS APPLIES WHETHER OR NOT YOU HAVE REGISTERED ON OR THROUGH THE SERVICES. IF YOU DO NOT AGREE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH IN SECTION 29 BELOW WORKS.

2. Modification

We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon, or to modify these Terms, 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 Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including Members. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms we will post the modification on the Site or via the Application and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

The Services and Collective Content are each protected by copyright, trademark and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Collective Content, excluding your specific Member Content, including all associated intellectual property rights, are the exclusive property of Ella's Whimsy, its licensors and/or other providers of such material. Other than expressly stated herein, there are no implied licenses granted under these Terms. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content. Additionally Ella's Whimsy is the owner of pending, registered and/or unregistered trademarks, trade dress and trade name appearing on the Services, including the Ella's Whimsy name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without Ella's Whimsy prior written permission. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

3. License Granted by Ella's Whimsy

License Grant: Subject to the terms and conditions of these Terms, Ella's Whimsy grants you: (a) a non-transferable, non-exclusive, revocable, limited license, with no right to sublicense, to use and access the Services, and to view any Collective Content to which you are permitted access solely for the purposes set forth in these Terms; and (b) a limited non-exclusive, revocable, non-transferable license to download and install a copy of the Application on your device solely in connection with your use of the Services.

Restrictions: Except as otherwise stated, the rights granted herein are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Services or Collective Content; (b) you shall not copy, reproduce, disseminate, distribute, modify, adapt, create derivative works of, publicly display, publicly perform, stream, broadcast, republish, download, disassemble, reverse compile, reverse engineer, store, post or transmit any of the material or content on our Services; and (c) you shall not interfere with or circumvent any feature of the Services, including any security or access control mechanism, in whole or in part, except as permitted in these Terms. Except as expressly granted in these Terms, no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ella's Whimsy, its licensors or others. If you violate the rights of Ella's Whimsy, its licensors or others, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

5. Prohibited Uses

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
  • Use, embed, display, mirror or frame the Site or Application, or any individual element within the Services, Ella's Whimsy name, any Ella's Whimsy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ella's Whimsy express written consent or as enabled by features made available by Ella's Whimsy (e.g., widgets) (you may link to Ella's Whimsy homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent but you may not link to the Site in a libelous, misleading or otherwise unlawful manner, or in any manner that violates these Terms).
  • Access, tamper with or use non-public areas of the Site or Application, Ella's Whimsy computer systems or the technical delivery systems of Ella's Whimsy providers.
  • Attempt to probe, scan, or test the vulnerability of any Ella's Whimsy system or network or breach any security or authentication measures.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ella's Whimsy or any of Ella's Whimsy providers or any other third party (including another user) to protect the Services or Collective Content.
  • Attempt to access or search the Services or Collective Content or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Ella's Whimsy or other generally available third party web browsers.
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation to, through, or with any assistance from, the Services.
  • Use any meta tags or other hidden text or metadata utilizing a Ella's Whimsy trademark, logo URL or product name without Ella's Whimsy express written consent.
  • Use the Services or Collective Content in any manner not permitted by these Terms.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services or Collective Content.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming or mail-bombing the Services.
  • Collect or store any personally identifiable information from the Services from other users of the Site, Services or Application without their express permission and in a manner that does not violate Ella's Whimsy Privacy Policy.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Violate any applicable law or regulation.
  • Encourage or enable any other third party to do any of the foregoing.

Ella's Whimsy will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Faire may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Faire has no obligation to monitor your access to or use of the Services or Collective Content, or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, to investigate a complaint or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Ella's Whimsy reserves the right, at any time and without prior notice, to remove or disable access to any Member Content or Collective Content that Ella's Whimsy, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. Ella's Whimsy reserves the right to cooperate fully with law enforcement, and to involve and share information with law enforcement, governmental agencies or other oversight bodies if Ella's Whimsy suspects illegal activity may be taking place.

6. Procedure for Claiming Intellectual Property Infringement

Ella's Whimsy respects intellectual property laws and expects its users to do the same. It is Ella's Whimsy policy to terminate, in appropriate circumstances, Members or other account holders who infringe or are believed to be infringing the intellectual property rights of others. Click here for Ella's Whimsy Copyright & IP Policy.

7. Information We Collect About You

All information we collect about you when you apply for an account or use or visit the Services is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.

8. Termination and Account Cancellation

If you breach any of these Terms, Ella's Whimsy will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. The reasons for such suspension or termination include any improper, unlawful or fraudulent use of the Services or your noncompliance with any applicable Ella's Whimsy policies or guidelines. Without limiting any other terms of these Terms or remedies available to Ella's Whimsy, if your Account is suspended or terminated you forfeit any rewards, points or accrued incentives related to your Account.

Furthermore, Ella's Whimsy reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. In the event Ella's Whimsy terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by contacting us.

No products in the cart.