Online
Store Terms & Conditions
1.
ACCEPTANCE OF TERMS
In addition to the General Advertising Terms and Conditions,
you must also agree and adhere to the Zibbiz Online Store Terms &
Conditions set forth in this document. Under the terms of this agreement, your
creation and usage of any Online Store in Zibbiz or JewelryInTheNet is
an acknowledgement that you have read and understood this agreement, and that
you agree to be bound by the terms and conditions below. If you do not wish to
be bound by these terms and conditions, you should not proceed to create an
Online Store or to use our services in any way. By proceeding to create or
reconfigure your online store and clicking the "I agree to the Store Terms
and Conditions, you agree to the terms and conditions below.
2.
OWNERSHIP
All web pages, web elements and store components available
at Zibbiz.com and its affiliated sites including but not limited to
JewelryInTheNet.com are owned and operated by Zibbiz, Inc, a Florida corporation and are protected by copyright laws and international treaties.
3. MODIFICATIONS
OF ONLINE STORE TERMS AND CONDITIONS
Zibbiz, Inc. reserves the right, at its sole discretion, to
modify or replace the Online Store Terms and Conditions at any time. If the
alterations constitute a material change to the Terms and Conditions,
Zibbiz will notify you by posting an announcement on this Site. What
constitutes a "material change" will be determined at the discretion
of Zibbiz, Inc, in good faith and using common sense and reasonable
judgment. You shall be responsible for reviewing and becoming familiar with any
such modifications. Use of the Services by you following such notification
constitutes your acceptance of the Adverting Terms and Conditions as modified.
4. INTELLECTUAL
PROPERTY
Except
as expressly stated elsewhere in this Agreement, this Agreement does not grant
you any rights in the Zibbiz Online Stores and all rights are reserved
by Zibbiz. You agree that the Online Stores, the names and logos of
Zibbiz and all related product and service names, design marks and
slogans, are the property of Zibbiz and its affiliates, and that You
are not authorized to use any of them in any advertising, publicity, or other
commercial venture without the prior written consent of Zibbiz. You are
responsible for ensuring that the content of your Online Store conforms to all
local, state, federal, and international laws. Further, you are responsible for
securing permission to use any copyrighted, trademarked or otherwise legally
protected images, text, or other store components that are not provided by
Zibbiz. You affirmatively acknowledge that Zibbiz is relying on
your representation concerning your proper use of all the content you upload,
include, create or control is strictly your responsibility.
5.
NON � EXCLUSIVITY
You acknowledge and agree that Zibbiz is providing
access and use of the Online Stores, its services, tools and features to
multiple customers of this website and that the Service is non-exclusive to and
nontransferable by you to any other party.
6. PRIVACY
You
agree to be bound by the Zibbiz Privacy Policy in your dealings with
customers and visitors to your store. Failure to comply with such Privacy
Policy will be deemed a material breach of this Agreement.
7.
ONLINE STORES AND SERVICES
The Zibbiz Online Stores and Services hereby defined
as �Services� are comprised of, but not limited to, web pages, web elements, components,
features, functionality, information and logic to display and operate an
e-Commerce Store. These Services may also include integration to 3rd
�party web pages, web elements and web services for the purpose of additional
functionality and features. Zibbiz is not affiliated in any way with
the 3rd party providers and is not responsible for the services,
information and features they provide.
8. AVAILABILITY OF
SERVICES
Subject
to the terms and conditions of this Agreement, Zibbiz shall attempt to
provide Online Stores and Services relating to Online Stores for twenty-four (24)
hours a day, seven (7) days a week throughout the term of this Agreement. You
agree that from time to time your Online Store may be inaccessible or
inoperable for any reason, including, without limitation to equipment
malfunctions, modifications or improvements to the Service, periodic
maintenance procedures or repairs, or causes beyond the control of
Zibbiz or which are not reasonably foreseeable by Zibbiz,
including, without limitation, interruption or failure of telecommunication or
digital transmission links, hostile network attacks, network congestion or
other failures. You agree that Zibbiz has no control over the
availability of our Online Stores and related Services on a continuous or
uninterrupted basis. You acknowledge that since the Internet is neither owned
nor controlled by any one entity, Zibbiz makes no guarantee that you
will be able to access the Online Stores at any given time. Zibbiz
shall not be liable to you or any user for failure of accessibility to the
Online Stores or any claims or damages arising from the inability to access the
service. Zibbiz shall not be held responsible in any way for the loss
of any of your sales, data or information due to any technical errors or
problems, regardless of the error's or problem's source.
9. CHANGES TO
SERVICES
Zibbiz
reserves the right to revise and modify any of its Services, release subsequent
versions and alter features, specifications, capabilities, functions, and
other characteristics of the Online Stores, at any time and without notice to
you, the user. If any revision or modification to the Online Stores materially
changes your ability to conduct business or you are dissatisfied with the
Online Stores, your sole remedy is to terminate this Agreement.
10. REFUSAL OR DISCONTINUANCE OF
SERVICE
Zibbiz
reserves the right to refuse or discontinue Services to anyone at the sole
discretion of Zibbiz and may deny access to all or part of the Services
without notice if you engage in any conduct or activities that Zibbiz
in its sole discretion believes violates any of the terms and conditions in this
agreement. Zibbiz shall have no responsibility to notify any
third-party providers of services, merchandise, or information, nor any
responsibility for any consequences resulting from such discontinuance or lack
of notification. You agree that Zibbiz has the right to monitor the
service electronically from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself, its subscribers, or
consumers of products or services sold via the shopping cart service.
Zibbiz reserves the right to refuse to facilitate sales of any
information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this agreement.
11. SUPPORT OF SERVICES
Zibbiz
will provide you a reasonable amount of technical support for your Online
Stores and Services. You understand that the method, level, duration, and hours
of availability of the support provided is determined at the sole discretion of
Zibbiz, and that providing any support does not constitute ant type of
implied warranty.
12. STORE OWNER CONDUCT
While
using the Online Stores and Services you the Store Owner agree to following
minimum standards for conducting business within Zibbiz and JewelryInTheNet.
The following conduct is in addition to the General Advertising Terms and
Conditions.
a. Product
Catalog and Advertised Items. Catalog items and Ads should accurately
portray the item you are advertising. Any text descriptions, images, features
and selections should represent the item in the most accurate way possible.
b. Policies
and procedures. You should at all times maintain store policies for
Payment Terms and Conditions; Returns and Refunds; Shipping and Warranties.
These policies should be clear and easy for consumers to understand and should
accurately reflect the terms and procedures for your store.
c. Customer
Disputes. Resolve any customer order issues and complaints against you
in a reasonable and timely fashion.
d. Contact
Information. Provide your customers with contact information and a way to
contact you to resolve issues or complaints.
e. Shipping and Delivery.
Maintain shipping and delivery practices and prices that are fair and
reasonable. You should not mislead customers with low product costs combined
with expensive shipping charges.
13. STORE
CONTENT
You shall be solely responsible for providing, updating,
uploading and maintaining all aspects of your online store, storefront,
catalog, store policies and other content. Including but not limited to any
type of text, files, pages, data, information, trade or service marks, images,
photographs, illustrations, graphics, audio clips, video clips, email or other
messages and domain names. This includes any materials on, within, displayed,
linked or transmitted to, from or through your online store.
14. END CUSTOMER PAYMENT AND TAXES
You
understand that you are responsible for collecting, and managing all end
customer payments. Similarly, you are responsible for the payment of all
applicable state, federal or international taxes on products you sell from your
Online Store. It is your responsibility to read and understand your store
configuration options including any selected Payment Methods, Shipping and Tax
options. Zibbiz is not responsible for the accuracy of information
obtained through the Payment Method and Tax options. You are responsible for
any additional taxes and duties imposed on the transaction. You may be subject
to foreign tax obligations by selling to buyers. You are solely responsible for
complying with all domestic and foreign tax, shipping, and export laws with
respect to the sale of your items to purchasers internationally.
15. SAMPLE POLICIES AND EXAMPLES
Any
sample policies, outlines, examples and topics are provided for reference
purposes only and are not considered legal advice. Zibbiz is not
responsible for your use of these outlines and if you decide to use portions of
the policy examples you are using them at your own risk. The descriptions and
suggestions are not legal, tax or financial advice. Zibbiz does not
guarantee to the legality of any phrasing or provisions offered or derived from
these descriptions and suggestions. You should consult with an attorney to
ensure that your terms and conditions are sufficient to meet your needs,
appropriate for your jurisdiction and are legally binding on your customers.
16. SECURITY
You
agree that the security of your account credentials is solely your
responsibility. You further agree that if you believe that the credentials have
been compromised in any way, you will notify Zibbiz immediately. You
shall be held fully responsible for any misuse or compromise to your account
for which Zibbiz is not properly notified. You agree that if any
security violations are believed to have occurred in association with your
account, Zibbiz has the right to suspend all access to the account
pending an investigation and resolution. You also agree that Zibbiz has
the right to cooperate in any government or legal investigation regarding any
aspect of our services, including services sold to you. Any use of our system
to facilitate sales of pirated software, illegal products or information, or
other violations of law will result in account suspension and be immediately
reported to the appropriate authorities.
17. DATA
Your
use of the Online Stores is at your sole risk. Zibbiz is not
responsible for order or account data residing on our servers. Any storage of
such is strictly for your convenience, and you recognize your obligation to
maintain your sales and order data on your own computer systems. You
specifically agree that Zibbiz is not responsible for storage of order
or sales data of any type whatsoever for any amount of time. You further agree
that Zibbiz has the right at its sole discretion to remove any and all
order or sales data stored on Zibbiz servers without notice and to
whatever degree deemed necessary by Zibbiz to free up memory and space
on our servers.
18. NETWORK ABUSE AND OPERATION OF
SYSTEM
You
agree not to maliciously or intentionally interfere, attempt to undermine or
compromise the security or the proper operation of your online store, this
website, system and services. This is including but not limited to defeating
identification procedures, obtaining access beyond that which you are
authorized for, and impairing the availability, reliability, or quality of
service for other customers. You further agree not to interfere with the proper
operation in any way that could be considered an abuse of our network or the internet.
You
agree not to use your online store for any type of abusive activity that could
threaten the stability of this network, including but not limited to the
introduction of malicious or harmful programs, Internet packet flooding, packet
corruption, denial of service, Server hacking, port scans, flood pings, packet
spoofing and forged routing information, breaching security or authentication
measures, interfering with services to any user, mail bombing, flooding or
deliberate attempts to overload the Network or broadcast attacks.
You
shall also agree not to transmit distribute, display or store any information,
data or material in violation of applicable federal, state or local law, including
without limitation, information, data or material protected by copyright,
trademark, trade secret, or other intellectual property rights. You also agree
not to access or attempt to access data that you are not the owner of, or not
an intended recipient.
Zibbiz
reserves the right to report such abuses to any and all regulatory,
administrative and/or governmental authorities for appropriate prosecution. If
Zibbiz, in its sole discretion, deems your Account to be adversely
affecting the Service or Network, Zibbiz reserves the right to
terminate or temporarily suspend your account.
19.
ECPA NOTICE
Zibbiz reserves the right to monitor any and all
communications through or with our facilities. You agree that Zibbiz is
not considered a "secure communications medium" for the purposes of
the ECPA, and that no expectation of privacy is afforded.
20. TERMINATION
BY ZIBBIZ
Zibbiz may terminate this Agreement and/or
temporarily suspend or immediately terminate the Services to you at any time,
if Zibbiz reasonably believes, in its sole discretion, that
you have breached any term or provision of
this Agreement. Zibbiz may notify you regarding any breach of this Agreement
and may, at its sole discretion, allow you to cure such breach within seven (7)
calendar days following such breach. Zibbiz shall have no
responsibility to notify any third-party providers of services, merchandise or
information relating to the termination or suspension of the Service, nor have
any responsibility for any consequences resulting from lack of notification
thereof. If Zibbiz terminates your Online Store Services, it may, at
its own option, remove and destroy data and files stored by you on our servers.
21. NO WARRANTIES
Zibbiz
makes no warranties or representations of any kind for the Online Stores and
Services offered. These Services are provided on an "as is" and
"as available" basis without warranties of any kind, either express
or implied, including but not limited to warranties of title, infringement, or
implied warranties of merchantability or fitness for a particular purpose. No
advice or information given by Zibbiz or its employees, agents or representative
shall create a warranty. Under no circumstances shall Zibbiz be liable
for any direct, indirect, special, punitive, or consequential damages that
result in any way from your use of or inability to use the service, or for
third parties' use of the service to access your Online Store, any other
service we supply or are associated with, to access the Internet or any part
thereof, or your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service, or that result
from mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation or transmission, or any failure of performance. If you are
dissatisfied with the Zibbiz Online Stores and Services or any of its
terms, conditions, rules, policies, guidelines, or practices, your sole and
exclusive remedy is to discontinue using the service.
22. INDEMNIFICATION
You
agree to indemnify, defend, and hold harmless Zibbiz from any and all
liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes
of action or claims caused by or resulting indirectly from your use of the
service which damages either you, Zibbiz, or any other party or parties
without limitation or exception. This indemnification and hold harmless
agreement extends to all issues associated with your account.
23. SEVERABILITY
If
any provision of this agreement is determined to be invalid or unenforceable,
all other provisions shall remain in full force and effect and said provision
shall be reformed only to the extent necessary to make it enforceable.
24. APPLICABLE LAW, JURISDICTION, AND
SERVICE
This agreement shall be
governed by the applicable laws of the State of Florida, USA and the United States of America. You agree that all services provided by Zibbiz shall
be deemed to have been requested and provided in Broward County, Florida. You also agree that the General Court of Justice of Broward county Florida shall
have personal jurisdiction over Customer and exclusive subject matter
jurisdiction over any and all controversies or claims arising from or relating
to this agreement or the services provided by Zibbiz. Customer agrees
to accept service of process related to this agreement by ordinary mail,
postage prepaid, to the most recent address provided by Customer.