Welcome to the website (the “Site”) of Top Jeweler NYC LLC., D/B/A Top Jeweler NYC. These Terms & Conditions (“T & C”) govern your use of the Site. By using the Site, you are stating that you have read and understand, and agree to be bound by these T & C. You agree that these T & C incorporate and include Top Jeweler NYC’s Privacy Policy available at . Certain portions of the Site may not be available to you unless you have registered. If you do not agree to be bound by these T & C and the Privacy Policy, you may not use the Site in any way.
DESCRIPTION OF SERVICES
Top Jeweler NYC provides users with access to sales of luxury resale items and related services (“the Service”).
LICENSE AND SITE ACCESS
Top Jeweler NYC grants you a limited license to access the Site and Service 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 (such as the intellectual property of 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 The Top Jeweler NYC’s sole discretion) an unreasonable or disproportionately large load on Top Jeweler NYC’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Top Jeweler NYC to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Top Jeweler NYC.
MEMBERSHIP ELIGIBILITY
You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by Top Jeweler NYC for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Top Jeweler NYC account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site.
YOUR ACCOUNT
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 also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Top Jeweler NYC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Top Jeweler NYC has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Top Jeweler NYC immediately of any unauthorized use of your account or any other breach of security. Top Jeweler NYC reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
SUBMITTED CONTENT
The Site and Service may provide you and other users with the ability to send messages or post content (together, “Postings”) to or for other users and non-users. Top Jeweler NYC is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Top Jeweler NYC may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting 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;
is designed to impersonate others;
contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
contains messages by non-spokesperson employees of Top Jeweler NYC purporting to speak on behalf of Top Jeweler NYC or containing confidential information or expressing opinions concerning Top Jeweler NYC;
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.
With respect to any Postings you submit or make available through the Site or Service (other than personal information, which is handled in accordance with the Privacy Policy), you grant Top Jeweler NYC a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Top Jeweler NYC, and (ii) Top Jeweler NYC authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
DISCLAIMER OF WARRANTY
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Top Jeweler NYC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL Top Jeweler NYC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Top Jeweler NYC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Top Jeweler NYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
INDEMNITY
You will indemnify and hold harmless Top Jeweler NYC from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by The Top Jeweler NYC and such parties, and shall defend Top Jeweler NYC and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Top Jeweler NYC will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Top Jeweler NYC.
FORCE MAJEURE
Top Jeweler NYC shall be excused from performance under these T & C, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Top Jeweler NYC. In the event that Top Jeweler NYC is temporarily unable to ship to you a purchased item because of such an event, Top Jeweler NYC will give you the option of deferring shipment or receiving a refund of your charges.
ELECTRONIC COMMUNICATION
When you use the Site, Service or send emails to Top Jeweler NYC, you are communicating with The Top Jeweler NYC electronically. You consent to receive communications electronically from The Top Jeweler NYC and its Site Affiliates (as defined in the Privacy Policy). The Top Jeweler NYC 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.
LINKS
The Site, Service or third parties may provide links to other websites or resources. Because Top Jeweler NYC has no control over such sites and resources, you acknowledge and agree that Top Jeweler NYC iis not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that The Top Jeweler NYC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
MODIFICATION AND NOTIFICATION OF CHANGES
Top Jeweler NYC reserves the right to make changes to the Service, Site, related policies and agreements, these T & C and the Privacy Policy at any time. If Top Jeweler NYC makes a material modification to these TOS, it will notify you by: (i) sending an email to the address associated with your account. Top Jeweler NYC iis not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Top Jeweler NYC to the list of domains approved to send you email (commonly known as your “whitelist”); or (ii) displaying a prominent announcement above the text of these T & C or the Privacy Policy, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the T & C or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new T & C or Privacy Policy, as relevant.
TRADEMARKS
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed herein are registered and unregistered trademarks of Top Jeweler NYC LLC, its affiliates and others. You can view trademarks owned by Top Jeweler NYC LLC on LegalForce Trademarkia at this link: . . Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed herein without the written permission of Top Jeweler NYC LLC or such third party that may own the trademark displayed herein. Your misuse of the trademarks displayed herein, or any other content on this web site, except as provided herein, is strictly prohibited.”
PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Top Jeweler NYC respects the intellectual property of others, and we ask our users to do the same. Top Jeweler NYC 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. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Top Jeweler NYC’s Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Top Jeweler NYC’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
Top Jeweler NYC
55w 47th Street, Suite 640
New York, NY 10036
By email: [email protected]
Top Jeweler NYC may update these addresses from time to time.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other of this T & C, or any general legal principles to the contrary, any provision of this T & C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T & C.
