Shop Worn, Inc. (“ShopWorn”) welcomes you and we are pleased you have decided to visit and use our website located at www.shopworn.com (“Site”).
The Site offers a wide range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof.
1. SHOPWORN’S SITE
ShopWorn is the leading online marketplace providing you with access to display-model jewelry, watches and accessories.
You are responsible for obtaining access to the Site and that access may involve third-party fees (including ISP, data usage or airtime charges). Additionally, you must provide and are responsible for all equipment necessary to access the Site.
2. LICENSE AND SITE ACCESS
ShopWorn grants you a limited license to access the Site for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (including intellectual property belonging to another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in ShopWorn’s sole discretion) an unreasonable or disproportionately large load on ShopWorn’s infrastructure; or any use of data mining, robots or similar data gathering and extraction tools. You may not bypass any measures used by ShopWorn to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or
license granted to
you by ShopWorn.
3. MEMBERSHIP ELIGIBILITY AND REPRESENTATIONS
You are not permitted to access the Site if your account has been previously suspended or removed by ShopWorn for any reason. By accessing and using the Site, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.
You may choose to use Site as a visitor or as a “Registered User.” To become a Registered User, you must register with ShopWorn by creating an account with a unique email address and password (your identity verification “Credentials”) to access your account. You may not have more than one active account. Additionally, you are prohibited from selling, trading or otherwise transferring your Credentials or account to another party.
4. COMMUNITY GUIDELINES
ShopWorn’s community, like any community, functions best when its visitors, guests and members follow common rules. By accessing and/or using the Site, you hereby agree to comply with these community rules and that:
You will not send ShopWorn any hazardous materials;
You will not use the Site for any unlawful purpose, including money laundering;
You will not post or send ShopWorn false or misleading information;
Other than sending ShopWorn information in accordance with this Agreement, you will not use the Site to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not access or use the Site to collect any market research for a competing business;
You will not upload to, distribute or otherwise publish through the Site any User Content (as defined below) that:
Is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable
U.S. or foreign laws;
May contain software viruses or malware;
Contains advertisements or solicitations of any kind, or other commercial content;
Contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where ShopWorn expressly asks you to provide such information;
Contains messages by non-spokesperson employees of ShopWorn purporting to speak on behalf of ShopWorn or containing confidential information or expressing opinions concerning ShopWorn;
Contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
Contains multiple messages placed within individual folders by the same user restating the same point;
Contains chain letters of any kind; or
Contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to, (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g. report abuse button) on the Site;
You will not take any action that imposes or may impose (in ShopWorn’s sole discretion) an unreasonable or disproportionately large load on ShopWorn’s technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for Internet search engines and non-commercial public archives that comply with ShopWorn’s robots.txt file;
You will not use any automated device or software that enables the submission of automatic postings on the Site without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.
Please let ShopWorn know about inappropriate content. If you find something that violates ShopWorn’s community guidelines, let ShopWorn know, and ShopWorn will review it. ShopWorn reserves the right, in ShopWorn’s sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice and remove any User Content that does not adhere to these guidelines.
5. THE PRODUCTS; SHIPPING; RETURN POLICY
Product Availability And Pricing
All products that ShopWorn sells through the Site (the “Products”) are provided by third parties and are not manufactured or supplied by ShopWorn. You acknowledge and agree that while some Products may be new Products, others will be shop-used or pre-owned Products.
If you are interested in a Product that is currently on back order or listed but unavailable, email ShopWorn at [email protected] or call ShopWorn at (201) 399-7339 and ShopWorn can tell you when (if ever) the Product will be back in stock. Sometimes with the volume of orders ShopWorn will receive, a Product may go out of stock before ShopWorn is able to post a notification on the Site. If this happens after you purchased that Product, ShopWorn will contact you directly to discuss possible options.
Product prices may be inaccurately displayed on the Site due to system or typographical errors. While ShopWorn makes every attempt to avoid these errors, they may occur. ShopWorn reserves the right to correct any and all errors when they do occur, and ShopWorn does not honor inaccurate or erroneous prices. If you purchase a Product with a listed price that is lower than its actual price, ShopWorn will, at ShopWorn’s discretion, either contact you to notify you of the correct price before shipping the Product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the Product or pay the difference between the actual and charged prices. ShopWorn’s prices are also subject to change without notice. ShopWorn apologizes for any inconvenience that this may cause.
ShopWorn makes every attempt to ensure that ShopWorn’s online catalog is as accurate and complete as possible. To give you the opportunity to view the Products in great detail, some Products may appear larger or smaller than their actual size in ShopWorn’s photographs; and since every computer monitor is set differently, color and size may vary slightly.
ShopWorn’s objective is to provide you with as much information and detail about your prospective purchase as possible so you can get the details of a particular item and make an informed purchasing decision. In compliance with industry standards, ShopWorn states that carat total weight on all purchases may vary 0.05 carats from stated weight.
To keep ShopWorn’s prices low, ShopWorn does not allow comparison purchasing. Comparison purchasing is the act of buying several items with the intent of keeping the one you like best and returning the remainder. This causes undue restocking and inventory overhead and can be very costly.
Products purchased by you will be shipped in accordance with ShopWorn’s then current shipping policy, a current version of which can be viewed here: https://www.shopworn.com/shipping.
You may return Products only in accordance with ShopWorn’s then current Return Policy, a current version of which can be viewed here: https://www.shopworn.com/returns.
6. INTELLECTUAL PROPERTY
The Site contains material, such as software, text, written copy, graphics, images, photos, sound recordings, audiovisual works, animations, and other material provided by or on behalf of ShopWorn (collectively referred to as the “Content”). The Content includes Product Descriptions. The Content is owned by ShopWorn or by ShopWorn’s third party licensors. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from ShopWorn. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of ShopWorn (“ShopWorn Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of ShopWorn. Other company, product, and service names used and displayed on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with the ShopWorn Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trademarks, without ShopWorn’s prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by ShopWorn in writing. All goodwill generated from the use of the ShopWorn Trademarks inures to ShopWorn’s benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without ShopWorn’s express, written consent for each and every instance.
7. PROCEDURE FOR CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
ShopWorn respects the intellectual property rights of others and attempts to comply with all relevant laws, and it expects its users to do the same. ShopWorn will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws. ShopWorn may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party.
ShopWorn’s designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
c/o ShopWorn, Inc.
100 Union Ave
If you believe your work or intellectual property has been copied on the Site in a way that constitutes copyright infringement, please provide ShopWorn’s agent with notice in accordance with the requirements of the Act, including:
(i) A description of the copyrighted work that has been infringed and the specific location on the Site where such work is located;
(ii) A description of the location of the original or an authorized copy of the copyrighted work;
(iii) Your mailing address, telephone number and e-mail address;
(iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(v) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(vi) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
8. COMMUNICATION TO SHOPWORN; USER SUBMISSIONS; AND PUBLICITY
The Site may provide you and other users with the ability to send messages or post content (together, “User Content”) to or for other users and non-users. ShopWorn is under no obligation to review any User Content and assumes no responsibility or liability relating to any such User Content. Notwithstanding the above, ShopWorn may from time to time monitor the User Content and may decline to accept and/or remove any User Content. You acknowledge you are responsible for any User Content you submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such User Content.
9. ELECTRONIC COMMUNICATION
When you use the Site or send emails to ShopWorn, you are communicating with ShopWorn electronically. You consent to receive communications electronically from ShopWorn and its affiliates. ShopWorn will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Although ShopWorn encourages you to email ShopWorn, ShopWorn does not want you to, and you should not, email ShopWorn any content that contains confidential information. With respect to all emails you send to ShopWorn, including but not limited to, feedback, questions, comments, suggestions and the like, ShopWorn shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
10. NO WARRANTIES/LIMITATION OF LIABILITY
Shopworn makes no warranties or representations about the site or, except as otherwise provided by shopworn to you on a product by product basis, any products. Shopworn shall not be subject to liability for any delays or interruptions of the site from whatever cause. You agree that you use the site and all content made available to you through the site (the “content”), as well as all products, at your own risk.
Shopworn does not warrant that the site will operate error-free or that the site, its servers, or any content are free of computer viruses or similar contamination or destructive features. If your use of the site or any content results in the need for servicing or replacing equipment or data, shopworn shall not be responsible for those costs.
The site, the content and, unless otherwise provided by shopworn to you on a product by product basis, all products are provided on an “as is” and “as available” basis without any warranties of any kind. Shopworn disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
Shopworn shall not be liable to you (or to any person claiming rights derived from your rights) for consequential, incidental, indirect, punitive, or exemplary damages of any kind (including without limitation lost revenues or profits, or loss of goodwill or reputation) with respect to any claims based on contract, tort or otherwise (including negligence and strict liability) arising out of or relating to this agreement.
The site and/or the content may contain technical inaccuracies or typographical errors or omissions. Shopworn is not responsible for any such typographical or technical errors. The site and/or the content may contain information on products which are not available in every location or which are no longer available. A reference to a product on the site does not imply that such product is or will be available to you. Shopworn reserves the right to make changes, corrections, and/or improvements to the site and/or any product listing at any time without notice.
11. EXTERNAL SITES
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by ShopWorn of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. ShopWorn is not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold ShopWorn and ShopWorn’s officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of your transactions made through the Site, or your access to, use, or misuse of the Site, the Content, or any Product. ShopWorn reserves the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting ShopWorn’s defense of such matter.
13. COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. ShopWorn makes no claims concerning whether the Site or any Content may be downloaded, viewed, or be appropriate for use outside of the United States. ShopWorn also make no claims concerning whether any Product is appropriate for sale outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
14. MODIFICATION AND NOTIFICATION CHANGES
15. FORCE MAJEURE
16. TERMINATION OF AGREEMENT
ShopWorn reserves the right, in ShopWorn’s sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Site or any part thereof, at any time and for any reason without prior notice or liability. ShopWorn reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
This Agreement is governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New Jersey; and (ii) that the Site shall be deemed passive do not give rise to personal jurisdiction over ShopWorn, either specific or general, in jurisdictions other than New Jersey.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE CONTENT, ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT, OR SHOPWORN’S SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to ShopWorn; User Submissions; and Publicity,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
ShopWorn’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against ShopWorn unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by ShopWorn and you in writing, this Agreement constitutes the entire Agreement between you and ShopWorn with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of ShopWorn’s successors, assigns, licensees, and sublicensees.
HOW TO CONTACT SHOPWORN
You also may write to ShopWorn at:
100 Union Ave