Description of Services

myGemma provides users with access to pre-owned, discounted luxury goods online from major jewelry and watch brands, authenticated by our team of experts. We provide access to the Store as described in this Agreement.

Restrictions

The Store is available for individuals 18 years or older. If you are under 18, you are not permitted to use the Store. By accessing and using the Store, you represent and warrant that you are at least 18.

In addition, by accessing and/or using the Store, you hereby agree to comply with the following rules:

• You will not use the Store for any unlawful purpose, including money laundering;
• You will not post or send us false or misleading information;
• You will not access or use the Store to collect any market research for a competing business;
• You will not e-mail, transmit, or otherwise make available any content that:
• • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another's privacy, or promotes violence; or
  • discloses any sensitive information about another person, including that person's e-mail address, postal address, phone number, credit card information, or any similar information;
• You will not stalk or otherwise harass another;
• 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 Store;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our 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 Store, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not use any automated device or software that enables the submission of automatic postings on the Store 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 Store 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 Store through hacking, password or data mining, or any other means.

Please let us know about inappropriate content. If you find something that violates our Restrictions policy, let us know, and we'll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Store, or any portion of the Store, without notice and remove any content that does not adhere to these Restrictions.

Sales and Transaction Process

Brands, Sourcing and Authentication of Goods Sold

myGemma is not affiliated with any of the brands available for purchase. All products are authenticated by our teams of handbags, jewelry and watch experts. You acknowledge and agree that myGemma's authentication process is in-house and independent. Branded goods sold by myGemma have typically been purchased from consumers and not from the brands directly. The brands are not typically involved in the authentication of the products for myGemma. However, in many instances, the products have been repaired or re-polished by the brands. In such cases, and also where provided by our customers, we will provide paperwork from the brands showing the provenance of the item. None of the brands sold are affiliated in any way with myGemma, nor do they assume any responsibility for any products purchased from the Store. myGemma does, however, cooperate with brands seeking to track down the source of counterfeit items.

myGemma guarantees the authenticity of all products sold and will provide a full refund if a counterfeit item comes to light.

Intellectual Property

The Store contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of myGemma (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. The photographs processed by myGemma for the sale of our items are the sole property of myGemma and may NOT be used by others on any other sites or for any other purpose.

You will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. 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, the Store, and our services automatically terminates and you must promptly destroy any copies you have made of the Content.

The trademarks, service marks, and logos of myGemma (“myGemma Trademarks”) used and displayed on the Store are registered and unregistered trademarks or service marks of myGemma. Other company, product, and service names located on the Store may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with the myGemma Trademarks, the “Trademarks”). Nothing in the Store should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our 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 us in writing. All goodwill generated from the use of the myGemma Trademarks inures to our benefit.

Elements of the Store 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 our express, written consent for each and every instance.

Communications to Us; User Submissions; and Publicity

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we 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.

When you use the Store or send emails to myGemma, you are communicating with us electronically. You consent to receive communications electronically from myGemma and its Site Affiliates (as defined in the Privacy Policy). myGemma will communicate with you by email or by posting notices in the Store. 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.

No Warranties/Limitation of Liability

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE STORE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE STORE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE STORE AND THE CONTENT AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE STORE WILL OPERATE ERROR-FREE OR THAT THE STORE, ITS SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE STORE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE STORE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CERTAIN WAATCH PRODUCTS (AS SPECIFICALLY NOTED) COME WITH A ONE YEAR WARRANTY FROM GEMMBYWPD.COM AND WHERE ALSO SPECIFICALLY NOTED DIRECT FROM THE MANUFACTURER.

OTHER THAN IN CONNECTION WITH OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (I) WE 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; AND (II) OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE LESSER OF THE AGGREGATE AMOUNT OF THE ITEMS SOLD BY YOU OR TEN THOUSAND DOLLARS ($10,000).

THE STORE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED IN THE STORE. THE STORE MAY CONTAIN INFORMATION ON SERVICES WHICH ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE IN THE STORE DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE STORE AT ANY TIME WITHOUT NOTICE.

External Sites

The Store 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 us 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. We are 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.

Compliance with Applicable Laws

The Store is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Store 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.

Termination/Modification of the Agreement

These Terms and Conditions are effective as of the date stated at the top of this page. We may change the Terms and Conditions from time to time. Any such updates will be posted in the Store and will become effective when posted. By accessing the Store and/or using our services after we make any such changes to these Terms and Conditions, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to the Terms and Conditions on a regular basis.

Digital Millennium Copyright Act

myGemma respects the intellectual property rights of others and attempts to comply with all relevant laws. We 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.

Our 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:

GemmaByWPD LLC
Attention: DMCA/BROWN
535 5th Avenue, 11th Floor
New York, NY 10017

Miscellaneous

This Agreement is governed by the internal substantive laws of the State of New York, 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 York; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over myGemma, either specific or general, in jurisdictions other than New York.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STORE, THIS AGREEMENT, OR OUR SERVICES MUST 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 Us”; “User Submissions”; and “Publicity.” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination/Modification of the Agreement,” and “Miscellaneous.”

Our 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 us 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 us and you in writing, this Agreement constitutes the entire Agreement between you and us 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 our successors, assigns, licensees, and sub-licensees.