Effective: March 24, 2007
Revision Date: May 30, 2007
Revision Date: August 20, 2007
Revision Date: January 1, 2008
Introduction:
Welcome to JewelryShowdownLive.com! This User Agreement (“Agreement”) sets forth the terms and conditions that apply to your use of the JewelryShowdownLive.com website (“Site”). JewelryShowdownLive.com is a wholly owned subsidiary of its parent company, PlayitDown, Inc., a California corporation (PlayitDown.com). JewelryShowdownLive.com and PlayitDown, Inc. are collectively referred to throughout this agreement as “we,” “us” or “our”. Please read this Agreement carefully as it is legally binding between you, and any entity you may represent, and us. We are the operator of the Site. Our mailing address is: PlayitDown, Inc., 2214 Arden Way #220, Sacramento, California 95825.
Before using our Site or becoming a member of the Site or subscribing to our newsletter, you must read, understand and accept all the terms and conditions of this Agreement, which includes the text of this document, our Privacy Policy, our 100% Guarantee document and all other documents linked herein. You may use the Site only if you accept this Agreement in its entirety, without modification. Your use of our site in any manner constitutes the fact that you have read, understood and accept this agreement in it’s entirety along with all supporting links.
We reserve the right to change, alter or modify this Agreement at any time and for any reason that we deem necessary or appropriate. Any changes made will take effect in 10 days of the revision date being posted, unless we state otherwise. Your continued use of this Site following any revision we post will constitute your acceptance of the changes we have made.
When we change this Agreement, we will note the “Revision Date” above. We will attempt to notify by e-mail, the users of this Site who have provided us their e-mail address, when we change this Agreement. We will also post a notice on this Site’s homepage for a period of 14 days indicating that a revision has been made to this Agreement. In any case, we encourage you to review this Agreement from time to time to see if it has been revised.
This Agreement controls to whatever extent it may conflict with our Privacy Policy, 100% Guarantee document or any other statements or documents/links on our Site.
This Agreement applies to our Site only, not to other websites that you may reference or link to from our Site. Those other websites may have different user agreements.
If you have questions regarding this Agreement or the use of our Site, please first view our Frequently Asked Questions link and our How This Works link. If you have unanswered questions, please contact us using the Contact Us link.
1. Available Service Area:
The Site is currently offered for use within the United States of America, Canada and selected international countries.
2. Residency and Minimum Age Requirements:
All users of the Site must be a minimum of 18 years of age or older and considered a legal adult in the country or province they reside in.
3. Privacy Policy:
Your privacy is very important to us. We truly value your privacy and are committed to keeping it confidential and private - Please see our Privacy Policy for complete information.
4. Overview of Our Site:
Our Site provides a platform for users and members to buy jewelry and items we have listed for sale. Each piece of jewelry or item we offer is listed for a fixed amount of time at a reduced, discounted or sale price.
The amount of listing time varies and is unique to each item. The listing time is confidential and is determined and set by us. The listing time is not displayed on our items and cannot be seen by users or viewers on our Site. Each piece of jewelry or item we list is offered at a special reduced, discounted or sale price instead of our regular price for the item (which is also displayed with the item). An item will remain on the Site while the price is in the discounted, reduced or sale mode. Should an item not sale during it’s allotted time, the item may be removed from our Site and once again offered via our other retail distribution channels at the regular price. All items offered on our Site are offered at reduced or discounted sale prices for a fixed amount of time in order to liquidate the items.
Buyers can purchase items listed at the “Buy It” posted sale price provided the item isn’t already sold or the listing time hasn’t already expired (as explained in Section 7 below). The first person to buy the item (as described in Section 7 below) will get it. Once the item is sold or the listing time expires, the availability for that item is over and the item is no longer for sale at that time (unless there are multiple quantities of that particular item in stock. If the listing time expired and the item didn’t sell at the reduced sale price, then the item may be re-listed again at some future time; sold at the regular price through our other local and online distribution channels; or offered at spot value to wholesale gold & gem buyers. Although our Site is primarily a discounted sale price outlet, we also reserve the right to offer our items at their regular prices at any time on our Site.
We primarily generate revenue from the sale of our items on our Site. We may also generate secondary revenue from seller listings, affiliates, advertisers and third parties who post advertisements, sponsored links and banners on our Site and on our search results page. They may also pay us to send special offers by e-mail to our members who have agreed to accept such e-mail from us. We are not limited to these revenue generation methods.
Our Site does not involve gambling, nor is it a raffle, contest, lottery, sweepstakes, drawing or giveaway program. Buyers on our Site do not “win” items, prizes or anything of that nature. Rather, buyers may choose to purchase items at their displayed prices prior to the item being sold to another customer or the listing time expiring.
Our site also provides a search engine that may be used by anyone on our Site.
5. Purchasing Items And Providing Personally Identifiable Information:
You may purchase items on our Site or subscribe to our newsletter without the need of registering or logging in. We do not charge a registration or membership fee. When you purchase an item on our Site or sign up for our newsletter, you will be providing us with personally identifiable information. You agree that all information you provide to us be truthful and correct. Please see the Privacy Policy link for a description of our information collection and security practices.
6. Our Communications with Users and Members:
As an Internet-based business, we primarily use e-mail to communicate with you regarding your relationship and transactions with us. We also may choose to communicate with you via U.S. Mail, overnight delivery, telephone and facsimile, using the contact information that you provide.
With your affirmative consent, we will use your e-mail address(es) to send you messages with the purpose of promoting the use of our Site and/or the purchase of products or services unrelated to our Site. You may consent to the receipt of such e-mail when you purchase an item from out Site or when you sign up for our newsletter. You may withdraw your consent at anytime by contacting us at
RemoveEmail@JewelryShowdownLive.com
and instructing us to withhold sending you our newsletter and promotional emails. Also, each promotional and newsletter e-mail we send you will offer an opt-out option with instructions.
7. Buying On Our Site:
To purchase items on our Site, you simply click the “Buy It” button on an item (provided the item has not already been sold or the listing time has not expired). You will be taken to a secure order form page to provide your shipping address and contact information along with your credit card information. This page will also display the purchase price you will be paying for that item. You will also be charged for any shipping and handling fees that were presented on the item’s description page.
Once you fill in your contact information and valid credit card information, you simply click the Submit button and your transaction will be complete. The first person to fill out the order form page and click the Submit button will successfully purchase the item. You are not guaranteed to get the item just because you are filling out the information on the order form page. If someone else is also filling out that page and they click the Submit button first, then they will be the successful purchaser of that item. If this should happen, then once you click the Submit button, a notice page will appear letting you know that someone else just purchased the item. California residents will also be charged the current Sacramento California sales tax on the purchase price of the item. If you are a reseller who lives in California and you have a Resale Permit number, you can provide us your number in order to eliminate the sales tax on your orders provided your are purchasing the items to resell. International shipment destinations will also be charged any additional shipping costs along with any custom fees and/or duties.
We currently do not offer a registration or member program for our users, but we are planning to do so in the near future. Once this feature is in effect, to speed up the buying process, you may choose to register as a member on our Site. You would then have your shipping and contact information along with your credit card information already on file. Once registered, you would simply use your user name and password to sign in. Anytime you choose to purchase an item, you would simply click the Buy It button. You would then be taken to the order form page where all your shipping and credit card information will automatically be filled in so all you would need to do is click the Submit button in order to complete the transaction.
Additional Charges for Shipping and Taxes: Before you agree to purchase an item, please review the shipping and handling fees for that item which can be found on the item’s description page (simply click on the item’s title or picture to go to its detail page). The shipping & handling fee found on the detail page of an item is for standard deliver to anywhere in the U.S. or Canada or U.S. Territories. Also note that shipments to California will also be charged the appropriate sales tax based on the current Sacramento tax rate (unless the buyer provides a Resale Permit number). Shipping fees or taxes, if any, will be charged in addition to the posted price of the item. Thus, for example, if the sale price on an item is $40, the buyer will still be obligated to pay for any shipping and handling charges posted for the item (and any sales tax if the customer is in California).
Receipt and Confirmation: Upon successfully purchasing an item, you will immediately be sent an email receipt from us for your order. You will also be sent another email at the time your item is shipped giving you all the shipment details including a tracking number if available.
Guarantee: All items sold on our Site in which JewelryShowdownLive.com is the seller come with a full guarantee. For our guarantee, refund and return information, please review the 100% Guarantee page.
Enlarged Photos: Pictures of jewelry offered on our Site in which JewelryShowdownLive.com is the seller may be magnified up to 30 times its normal size in order to provide you a viewing advantage in examining all the details of the item. Please refer to the item’s full description on the item’s description page to determine and evaluate the actual size, weight, length, condition, carat, color, cut, content and/or clarity of this particular item.
Regular Price: Our regular prices are established using a retail pricing formula we’ve developed that is consistent on all the jewelry items we offer. Although we feel our regular prices offer realistic good value for the items being sold, we make no claims or warranties that the regular price is the certified appraised or replacement value of the item. The regular price displayed on each item is the amount we normally offer the item for when it’s not on sale or discounted. We offer our items at the regular price through our local retail distribution channels and through other online outlets. In most cases, whenever an item is discounted or put on sale, we list it on the Jewelry Showdown Live website. The Jewelry Showdown Live website is used as our outlet for offering reduced, discounted and sale priced items.
We may also offer the use of a search engine or a third party search engine on our Site. Using our search engine and conducting searches on our Site is free. You can use our search engine as often as you like and as much as you like.
8. Searching
Search Results: We will attempt to provide accurate and relevant search results based upon the keyword you input. We will not be liable or responsible for any content ads and/or links that may be presented that you may find objectionable or offensive. The search results, ads and sponsored links we provide on our Site may be generated from a third party (or multiple third parties) and/or may be generated by our own servers, search programs, internal advertising programs and/or a combination thereof. We reserve the right to change our providers, programs and/or the manner in which our search results, ads and sponsored links are generated and presented at any time. By using our search engine, you agree that we will not be liable or responsible for any of the content and/or offers, products, services, conduct, etc. presented through our search results and or advertisers.
9. Prohibited Conduct:
We reserve the right in our sole discretion to suspend or terminate your membership and/or block your ISP address from connecting to and using the Site at any time for any reason we deem necessary or appropriate. Without limiting our discretion, you specifically agree that you will not at any time:
use our Site for any unlawful or improper purpose
click the Buy It button and confirm the purchase by clicking the Submit button on an item that you can’t or don’t want to buy
fail to pay in full for an item you purchase
use a fake, stolen or compromised credit card (or any credit card number other than one owned by you with your name on it)
post defamatory, inaccurate, misleading, retaliatory or libelous information on the Site
fraudulently manipulate prices on any item listed for sale or manipulate and/or defraud our program and Site in any way
use any form of software, programming and/or hacking to tamper with the Site and/or manipulate prices or items and/or information in any manner
communicate in a way that is hateful or offensive to a member of any group
run ads or sponsored links on our Site that violate our content requirements (such as linking to pornographic websites).
run ads or sponsored links on our Site using keywords that aren’t directly related to your ad and/or website
copy, modify, export or distribute any portion of our Site for use on any other website or in any other venue or format, without our prior express permission
infringe on any copyrights, trademarks, patents, trade secrets, publicity rights or other proprietary rights that belong to us or to any third party
attempt to circumvent our fee structure
distribute viruses, spyware, spam or other harmful or objectionable content on our Site or to our users or members
violate any terms and conditions of this Agreement
10. Releases, Limitation of Liability and Indemnification:
The releases, liability limitations and indemnity rights set forth below inure to the benefit of us (PlayitDown, Inc. and JewelryShowdownLive.com), our parent or subsidiary entities (if any), our successors and assigns (if any), and our shareholders, investors, directors, officers, employees and agents.
Since we do not necessary control, endorse and/or inspect each ad, sponsored link and/or search result link based on your keyword, (and their respective websites and/or offers), that are displayed and presented on our Site, you understand and agree that we are not liable for, and you will not seek to hold us liable for, any representations or conduct of anyone who advertises on our Site or any search result links generated from your keyword. For example, and without limitation, we do not and cannot promise that any express or implied statements and/or products, services and opportunities offered by advertisers or search result links are real, legitimate and true; that sellers actually own or have the items or services they are offering; that the items or services they are offering are legal, safe, useful, in good condition, or free from defects; or that sellers or advertisers will deliver items in a timely manner. We do not and cannot promise that you will not find objectionable material or content on our Site.
We likewise do not and cannot promise that our Site will operate in a continuous, flawless or secure manner. Outages, malfunctions and system failures caused by any number of foreseeable or unforeseeable factors may occur on our Site. We may take the Site offline to make upgrades or perform maintenance, and that downtime may interrupt or affect any price dropping sessions of our items. You agree that we are not liable for, and you will not seek to hold us liable for, any outages, downtime, malfunctions, system failures and/or scheduled or unscheduled maintenance requirements on our Site.
We are not liable for, and you will not seek to hold us liable for, any losses or damages that you might sustain in connection with your use of our Site, including but not limited to your actual or attempted acquisition or use of any items listed on our Site. We disclaim any and all implied guarantees, warranties and covenants to the greatest extent allowed by law.
You release and discharge us from liability for any and all claims, causes of action and damages that you might have against us, now or at any time in the future, arising directly or indirectly from any person’s use of the Site, products or ads, sponsored links or search results displayed. You provide this release knowing that any items sold or purchased on the Site may be severely hazardous to persons or property, and that the hazards may not be obvious or expressly disclosed. You waive any protection you may have under California Civil Code section 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Notwithstanding the releases and liability limitations in this Agreement, in the event that we are found liable, you agree that our liability to you or a third party shall be no more than the greater of (a) the purchase price you paid to us (in the event we are the seller of the item in question), (b) the total fees you paid to us as an advertiser during the six months before the last event giving rise to liability, or (c) the sum of $250.
You further agree to indemnify and hold us harmless from any lawsuit, claim, cause of action or demand by any third party that relates directly or indirectly to your activity and/or advertising on our Site and/or reselling of items purchased on our Site, including without limitation your breach of this Agreement, your violation of any applicable law, or your violation of any person’s legal rights. Your indemnity obligation includes without limitation the payment of our reasonable attorneys’ fees and legal expenses.
11. Reservation of Our Rights:
We reserve all rights in our Site. You may not copy, reproduce or display any portion of our Site, nor may you use any of our trademarks, without our prior express permission.
12. Applicable Law and Dispute Resolution:
Please let us know as soon as possible if you have any concern relating to our Site so that we can attempt to resolve your concern.
You agree that this Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. This means that California law will govern the interpretation and enforcement of this Agreement regardless of where you live or work, and regardless of where any transaction is performed or to be performed.
If a dispute arises between you and us, and it is not resolved by mutual agreement, you agree that the dispute will be adjudicated in the Superior Court of California in and for the County of Sacramento, and you consent to the jurisdiction of that court.
You agree to bring any claims that you may have against us within one year of the date they accrue, regardless of any longer statute of limitations that otherwise might apply.
13. General:
All jewelry and items sold on our Site in which JewelryShowdownLive.com is the seller is guaranteed for a 10 day inspection period upon your receipt of the item. Jewelry items may not be returned after the 10 day inspection period regardless of the reason, whether defective, a stone or gem falling out or missing, customer dissatisfaction or otherwise. For complete details on our guarantee, please visit our 100% Guarantee link.
Any trademarks, service marks, brand names or product names that you may find on our Site are the property of their respective owners and do not indicate affiliation with or endorsement by their respective owners.
We may not take prompt action, or any action, to remedy each breach of this Agreement, but our forbearance shall not be deemed a waiver of our right to enforce any provision of this Agreement.
We reserve the right to correct mistakes or typographical errors on our Site.
If any part of this Agreement is found to be invalid or otherwise unenforceable, the remaining portions shall be enforced.
This Agreement, including any writings on our Site that are referenced in this Agreement, sets forth the entire understanding of the parties with respect to the subject matter hereof, and any modifications must be in writing and expressly approved by us.