Welcome to the JOMASHOP INC. Websites, which include but are not limited to www.jomashop.com, www.facebook.com/JomaShop, twitter.com/jomashop (individually a “Website,” and collectively “Websites”). These Terms & Conditions (“Terms”) apply to the Websites or any Website, owned or operated by JOMASHOP INC or its affiliates or subsidiaries (collectively “Jomashop,” “we,” “us,” “our”), that link to these Terms, as well as to the services offered by Jomashop, including this Website and any other features, content, services, or applications offered from time to time by Jomashop in connection with the Websites (collective, the “Services”).
Jomashop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms & Conditions carefully before accessing or using our website. By accessing or using any part of the site, you (i) acknowledge that you have read, understood, and agreed to be bound by these Terms and that you agree to comply with all applicable laws, rules, policies and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside, and (iii) consent to jurisdiction in the State of New York, County of Kings, with respect to any dispute. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
YOU MAY NOT USE ANY OF THE WEBSITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS. YOUR ACCESS TO ANY WEBSITE MAY BE TERMINATED IMMEDIATELY IN JOMASHOP’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). YOUR ACCESS TO ANY WEBSITE MAY BE TERMINATED IMMEDIATELY IN JOMASHOP’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THESE TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We may change, modify, add or remove portions of these Terms at any time to reflect the changes in our business and practices. You should review this Website periodically as any changes will become effective immediately upon being posted, unless we indicate otherwise in an electronic notification to you. If you object to any changes, you may close your account or discontinue use of our Websites. Continuing to use our Websites and/or Services after we publish changes to these Terms means that you are consenting to the changes. See contact information below for questions or concerns regarding these Terms.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – OWNERSHIP
Jomashop and/or its’ designees (collectively, the “Jomashop Parties”) are the owners or licensees of all content and materials on the Websites (“Website Content”) and of all related intellectual property rights, including, without limitation, all copyrights, trade secrets, moral rights, trademark rights and patent rights. Website Content includes, without limitation all features, functions, Services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements and downloadable materials on the Website, as well as the, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Website. Website Content does not include Your Content, as that term is defined below.
You do not acquire any ownership interests in any Website Content by accessing, browsing or otherwise using the Website. You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations to another party for any reason, without notice to or consent from you, under these Terms.
SECTION 4 - INTELLECTUAL PROPERTY
The trademarks used in connection with Jomashop’s business and/or displayed on this Website are owned by Jomashop and Jomashop Parties are protected by U.S. federal trademark laws and various international laws. These trademarks may include, among others, our logos/designs, marks and slogans. You may not use or register, or otherwise claim rights in any Jomashop trademark, including as or as part of any trademark, service mark, company name, trade name, username or domain registration. The contents of this Website, including the text, photographs, videos, and other audiovisual materials, are also protected under U.S. copyright laws and various international laws and treaties. Jomashop and Jomashop Parties is proud of its strong brands and the value of the goodwill it has built in its trademarks. As such, Jomashop actively enforces its intellectual property rights, and any unauthorized use of its intellectual property is strictly prohibited. Jomashop’s trademarks or copyrights, and those of its affiliates, may only be used with express written permission may be revoked at any time.
SECTION 5 - YOUR USE AND YOUR CONTENT; LICENSE GRANT; RIGHT TO MONITOR AND EDITORIAL CONTROL
You may access, browse and use the Websites and Website Content only for your use on a computer, mobile phone or other Internet-compatible device to enable you to use the Websites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Website Content, except:
As expressly authorized by Jomashop in writing;
To temporarily store files that are automatically cached by your web browser for display enhancement purposes;
To print or download one copy of a reasonable number of pages of the Websites for your personal, non-commercial use and not for further reproduction, publication or distribution;
To share the Websites or updates of the Websites, or to link to a reasonable number of pages of the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission in our sole discretion and without notice.
If you wish to make any use of the materials on the Websites other than that set forth in this Section, please address your request to: firstname.lastname@example.org.
Certain features of our Websites may allow you to post, upload, transmit or submit certain materials, content, information or ideas (“Your Content”). Except for your user information required to be provided in connection with your account, we do not ask for, nor do we wish to receive, any confidential, secret or proprietary information from you through the Websites, by e-mail or in any other way. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; and (ii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST YOUR CONTENT ON OR THROUGH OUR WEBSITES.
We are not responsible for maintaining Your Content, and we may remove Your Content from the Website at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Websites, or through the Website’s Services or features, by its users, and we are not responsible for any such materials. You are solely responsible and liable for Your Content.
However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or Services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
SECTION 6 - YOUR REGISTRATION AND YOUR USER INFORMATION
We reserve the right to terminate your account or to refuse Services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, we will, in appropriate circumstances, permanently terminate your account registration and remove Your Content or user information from the Websites. You have the right to cancel your registration at any time. You may cancel your registration by following the instructions on the Websites.
If you voluntarily terminate your account registration or allow it to lapse, you may reactivate it at any time through the account interface on our Websites. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.
SECTION 6 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 7 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 8 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Some aspects of the Websites may require you to pay a fee or other charge, the details of which are available in various areas of the Websites that feature the ability to purchase products, features or Services. You agree to pay all fees, charges and applicable taxes incurred by you or anyone using your account. We may revise the pricing for products, Services or features offered through the Websites at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your account may be closed without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN OUR SHIPPING, RETURN OR CANCELLATION POLICIES APPLICABLE TO OUR PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT REGISTRATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Websites.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. These third parties and their websites are not under our control and we are not responsible for their content or operation. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - WARRANTY DISCLAIMERS
We administer, control and operate the Websites from our offices in the State of New York. The Websites are accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Websites and Website Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Websites may not be legal in your jurisdiction. If you choose to access, browse or use the Websites, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Websites to any person and geographic area. Any offer for any feature or function made on the Websites is void where prohibited.
The Websites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Websites.
Some Website Content is provided by the users of the Websites. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Website content. We do not independently verify the representations and warranties made by the users with respect to such Website content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Websites or any of Website Content. We are not liable for any errors, omissions, or inaccurate Website Content.
THE WEBSITES, WEBSITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF WEBSITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THE WEBSITES, WEBSITE CONTENT OR SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, CYBER ATTACKS, HACKING, MALWARE OR OTHER SECURITY INTRUSIONS, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE WEBSITES AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE WEBSITES OR YOUR DOWNLOADING OF THE WEBSITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE WEBSITES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITES IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE WEBSITES.
SECTION 13 - COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others and we ask that users of the Websites do the same. If you believe that anything on any of our Websites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Asher C. Gulko, Esq.
GULKO SCHWED LLP
525 Chestnut Street
Cedarhurst, NY 11516
As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Website, and/or your account, password or use of any Service.
In the event of termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
SECTION 15 - PROHIBITED CONDUCT
You warrant and agree that, while accessing or using our Websites, you will not:
Misrepresent your age;
Use an inappropriate username or screen name;
Impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Websites, the Jomashop Parties or otherwise affiliated with us;
Use the Websites to advocate the use of controlled substances or the use of products or Services offered or promoted on the Websites in connection with controlled substances;
Insert your own or a third party’s advertising, branding or other promotional content, including junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, into any Website Content;
Solicit passwords or personal information for commercial or unlawful purposes from other users;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Services available on or through the Websites through any means, including through means not intentionally made publicly available or provided through the Websites;
Engage in any automatic or unauthorized means of accessing, logging-in or registering on the Websites, or obtaining lists of users or other information from or through the Websites, including, without limitation, any information residing on any server or database connected to the Websites;
Use the Websites or its features and Services in any manner that could interrupt, damage, disable, overburden or impair the Websites or interfere with any other party’s use and enjoyment of the Websites, including, without limitation, sending mass unsolicited messages or “flooding” servers;
Use the Websites or its Services in violation of our intellectual property or other proprietary or legal rights or rights of any third party;
Use the Websites or its Services in violation of any applicable law;
Attempt to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Websites or its Services;
Post, transmit, publish or otherwise disseminate through the Websites any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property rights or other rights; (ii) is derogatory or harmful to the reputation of any of the Jomashop Parties or any of her or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incit