Responsible Community Guidelines.
ishopjw.com is an online venue which facilitates a vibrant community marketplace in which JW buyers and sellers of independently created product may come together for trade. ishopjw.com believes strongly in creating a safe, inviting venue for JW sellers and buyers. To that end all Users of the I Shop JW Service agree to abide by the terms and conditions of this Agreement including the I Shop JW Responsible Community Guidelines.
Application of Terms and Conditions.
Product and Content.
For the purposes of this Agreement, “Product” shall mean and include, but not limited to: fashion, apparel, accessories, film, photography, video, music, prints, paintings, sculptures, digital media, design and consulting services. I Shop JW reserves the right in its sole discretion to prevent the listing and sale of any Product on the I Shop JW Service.
In addition for purposes of this Agreement, “Content” shall mean and include all content that is provided by You to I Shop JW and/or provisioned by You into the I Shop JW Service hereunder for the purposes of selling Your Product to Users through the I Shop JW Service including, without limitation, video, music, photograph, text, user name, any digital file, metadata and advertising creative or other advertising material.
You may only provision such Content or Product into the I Shop JW Service as to which You own or have sufficient rights and licenses. By posting Content on I Shop JW, it is possible for an outside website or a third party to re-post that Content. You agree to hold I Shop JW harmless for any dispute concerning this use. If you choose to display your own I Shop JW-hosted Content on another website, the display of the content must provide a link back to its listing page on I Shop JW.
The Buyer and Seller:
The I Shop JW Service allows an active, authorized registered user of I Shop JW to create a shop on the I Shop JW Service in order to list, promote, market and sell Product (the “Seller”).
The I Shop JW Service enables You the Seller to:
(a) upload Content; (b) add, edit and manage Content; and (c) add advertising creative and other marketing messages in Your efforts to sell Your Product.
The I Shop JW Service allows an active, registered user or a “Guest User” of the I Shop JW Service to locate and purchase Product via the I Shop JW Service (the “Buyer”).
I Shop JW accepts no liability for any transaction between a Seller and Buyer. When you place an order on I Shop JW, you are entering into a direct transaction and personal relationship with an individual Seller (facilitated by the I Shop JW Service).
I Shop JW encourages the two parties to independently work through the transaction to completion. A transaction is created when a Buyer completes I Shop JW’s checkout process (the “Transaction”). The Buyer must pay the Seller directly via I Shop JW’s approved third-party payment provider. Do not send payment to I Shop JW. All sales are binding.
The Seller is obligated to ship the order or otherwise complete the Transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller’s listing, or (b) the Seller cannot authenticate the Buyer’s identity. The Buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
In the case of all disputes between a Seller and Buyer please see the Dispute Resolution section of this Agreement.
Blocking User to User Communication.
I Shop JW facilitates the communication between Users on the I Shop JW Service. I Shop JW accepts no responsibility or liability for the content of User to User communications on the Service. You may at any time choose to block communications from any User to You through the I Shop JW Service by selecting the “Block User” feature in your Dashboard.
User Registration and Privacy.
In order to create a shop and sell product through the I Shop JW Service you will have to create and register a user account and in order to purchase product through the I Shop JW Service you may have to create and register a user account (the “Account”).
At all times You represent and warrant that:
(a) the information about You is true, accurate, current, and complete (apart from optional items) as requested by various I Shop JW registration forms (“Registration Data”); and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If I Shop JW suspects that your Registration Data is untrue, inaccurate, not current or incomplete, I Shop JW has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website or Service. You may never use another’s Account without permission.
You are solely responsible for the activity that occurs on Your Account, and You must keep Your Account password secure. You must notify I Shop JW immediately of any breach of security or unauthorized use of Your Account. You will be liable for any use made of Your Account or password and the losses of I Shop JW or others due to such unauthorized use. I Shop JW will not be liable for Your losses caused by any unauthorized use of Your Account. All Registration Data becomes the exclusive property of I Shop JW, its affiliates, successors in interest, and subsidiaries.
The I Shop JW Service is only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful.
I Shop JW may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions. Individuals under the age of 18 must at all times use the I Shop JW Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the User and is responsible for any and all activities.
I Shop JW reserves the right in its sole discretion to suspend, cancel and delete any User Account at any time.
The I Shop JW Dashboard.
By using the I Shop JW Service You may make numerous selections about Your Account and the ingestion, presentation, management, marketing, and distribution of your Content via the I Shop JW Dashboard. You may change Your selections regarding each to the extent permitted by the Dashboard. In all cases, Your last submissions reflected in the I Shop JW database shall be conclusive in the event of any dispute. The “Dashboard” shall mean the feature of the I Shop JW Service through which You manage Your Content and Account
I Shop JW Fees.
You are responsible for all transaction fees and other fees (the “Fees”) you have agreed to via the I Shop JW Service. Joining and setting up a shop on I Shop JW is free. I Shop JW does not charge any fees for listing, selling or relisting products. You are responsible for your own PayPal fees or the fees charged by any other 3rd party payment processing service. I Shop JW will absolutely never pay any transaction or processing fees presented to You by a 3rd party such as PayPal.
In the event a dispute arises between You and I Shop JW, please contact I Shop JW by sending an email to email@example.com. Should You have a dispute with one or more users, or an outside party, You release I Shop JW (and I Shop JW’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
I Shop JW encourages users to report user-to-user disputes to local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. I Shop JW is not a paid service and as such will NOT help users resolve disputes. I Shop JW has no obligation to resolve disputes between users or between users and outside parties. To the extent that I Shop JW ever attempts to resolve a dispute, I Shop JW will do so in good faith based solely on I Shop JW’s policies. I Shop JW will not make judgments regarding legal issues or claims.
License to Use the I Shop JW Service.
Subject to the terms and conditions of this Agreement, and limited solely to the extent necessary to use the I Shop JW Service, I Shop JW hereby grants You a limited, revocable, non-exclusive, non-transferable, worldwide right to use the I Shop JW Service solely for the purposes described in this Agreement. All rights not expressly granted to You are reserved by I Shop JW.
Except as expressly permitted by I Shop JW, You shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the I Shop JW Service in any way; (b) modify or make derivative works based on the I Shop JW Service; (c) reverse engineer, decompile, modify, translate, disassemble or create derivative works based on the I Shop JW Service; (d) rent, lease or otherwise transfer rights to any aspect of the I Shop JW Service; or (e) take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the I Shop JW Service. You further agree that upon termination or expiration of this license, You shall no longer have the right to use the I Shop JW Service.
License to Content.
You hereby grant I Shop JW a non-transferable (except as provided herein), royalty-free (except as provided herein), non-exclusive, worldwide license to perform such acts in connection with the Content as are necessary to provide the I Shop JW Service. Specifically, the foregoing license includes, without limitation, permission for I Shop JW, to the extent necessary to provide the I Shop JW Service: (a) to deliver the Content to end users of the I Shop JW Website; (b) to publicly display, publicly perform, transmit, distribute, copy, store, provision into and/or reproduce the Content through the I Shop JW Service, either in its original form, copy or in the form of an encoded work; (c) to secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms based on the Content; (d) to distribute, transmit, and/or display the Content via such technologies as are supported by I Shop JW from time to time; (e) to display advertisements in connection with any display of the Content and encoded works; and (f) to perform such other acts with respect to the Content and as are necessary from time to time to provide the I Shop JW Service as specified by You through the I Shop JW Dashboard or otherwise permitted by You through the I Shop JW Service.
You hereby grant I Shop JW the right to use Your trademark, logo and Content (“Your Branding”) in any particular marketing and/or promotional campaign initiated by I Shop JW in all forms of media both physical and digital. You agree to (a) permit I Shop JW to utilize Your Branding in marketing materials and on its website; and (b) permit I Shop JW to identify You as a customer. You are not authorized to use the I Shop JW trademark or logo (the “I Shop JW Branding”) in any manner without the express written consent from I Shop JW. Notwithstanding the foregoing, You are authorized to use any images, links, documents or other marketing materials pre-approved and provided by I Shop JW to You via the marketing materials area in the Dashboard (the “I Shop JW Marketing Materials”).
INTELLECTUAL PROPERTY. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: (A) YOU SHALL RETAIN ALL RIGHT, TITLE AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO ANY OF YOUR CONTENT AND YOUR BRANDING YOU PROVIDE TO ISHOPJW AND ANY OTHER PROPERTY, AND/OR MATERIAL BELONGING TO YOU, AND NOTHING IN THIS AGREEMENT SHALL CONFER ANY LICENSE OR RIGHT OF OWNERSHIP IN SUCH MATERIAL; AND (B) ISHOPJW SHALL RETAIN ALL RIGHT, TITLE, AND INTEREST, INCLUDING ALL INTELLECTUAL PROPERTY RIGHTS, IN AND TO ANY OF THE ISHOPJW SERVICE, ISHOPJW BRANDING, WEBSITE, AND TECHNOLOGY PROVIDED BY ISHOPJW, AND ANY OTHER PROPERTY, AND/OR MATERIAL BELONGING TO ISHOPJW, AND NOTHING IN THIS AGREEMENT SHALL CONFER ANY LICENSE OR RIGHT OF OWNERSHIP IN SUCH MATERIAL.
Suspension or Termination of Your Account.
Effect of Termination or Closing of Your Account.
Upon I Shop JW’s Termination of Your Account or Your closing of Your account, any license granted to You by I Shop JW under this Agreement will terminate immediately and You shall cease using the Website, I Shop JW service, I Shop JW Branding and I Shop JW Marketing Materials. In no event may any of the I Shop JW Branding, Website, property, intellectual property, technology or Marketing Materials belonging to I Shop JW be used by You following termination of this Agreement. In the event of Termination or Your closing of Your Account I Shop JW will use reasonable best efforts to cease using Your Content and Your Branding in a timely manner. Upon Termination or Your closing of Your Account, You are responsible to pay all Fees owed to I Shop JW.
Copyright and Notices for Making Intellectual Property Right Claims.
I Shop JW respects the intellectual property rights of others, and requests You to do the same. I Shop JW does not permit copyright infringing activities and infringement of intellectual property rights on its Website or Service, and I Shop JW will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. I Shop JW reserves the right to remove Content without prior notice.
I Shop JW will also terminate a User’s access to the Website or Service, if they are determined to be a repeat infringer. I Shop JW may remove such Content and/or terminate a User’s access for uploading such Content in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
If you believe that Your content has been copied in a way that constitutes copyright infringement, please provide I Shop JW the following information via email to firstname.lastname@example.org: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that You claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) a description of where the material that You claim is infringing is located on the Website, including the URL; (d) Your address, telephone number, and email address; (e) 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; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Representations and Warranties.
You represent and warrant as follows, and acknowledge that I Shop JW is relying upon such representations and warranties: (b) if You are a corporation, You represent and warrant that You are duly incorporated and validly existing under the laws of Your jurisdiction of incorporation and You have the corporate power and authority to enter into this Agreement and to perform Your obligations hereunder; and (c) if You are not a corporation, You represent and warrant that You are duly authorized to execute and deliver this Agreement and that You are duly authorized to perform Your obligations hereunder.
Disclaimer of Warranties.
I Shop JW makes no representations, warranties or conditions, express, statutory or implied, with respect to the I Shop JW Service, I Shop JW Website, or I Shop JW technology provided by I Shop JW hereunder. I Shop JW expressly disclaims all other representations, warranties or conditions, including without limitation any implied or statutory warranties or conditions of merchantability, title, non-infringement or fitness for a particular purpose. I Shop JW does not warrant that the I Shop JW products or services provided hereunder will meet Your requirements nor that it will function uninterrupted, error free or that all defects will be corrected.
I Shop JW makes no representation or warranty regarding accessibility to, or the privacy or security of, any of Your information, files or data. You assume the entire risk as to the results and performance of the products and services provided hereunder. I Shop JW does not represent or warrant that the products and services provided hereunder will be capable of achieving any particular result or results in Your business or operations. Except as expressly stated otherwise in this Agreement the products and services provided hereunder are provided and licensed on an “as is” basis without warranty or representation of any kind.
Notwithstanding anything herein contained to the contrary, in no event whatsoever will I Shop JW, its directors, officers, employees, agents, contractors or affiliates, be liable for any transaction between a Seller and Buyer and any claim for: (a) punitive, exemplary or aggravated damages; (b) damages for loss of profits or revenue, failure to realize expected savings, loss of use or lack of availability of computer resources or any stored data or Content; (c) indirect, consequential or special damages of any kind; (d) contribution, indemnity or set-off in respect of any claims against You by any third party; and (e) any damages whatsoever relating to interruption, delays, errors or omissions. You hereby waive any and all claims for damage. I Shop JW is not responsible or liable for any aspect of the sale of Your products or Your purchase of products through the Service. You agree Your use of the Service is at Your own risk.
I Shop JW provides links to websites that are neither owned nor controlled by I Shop JW. I Shop JW assumes no responsibility for the content, privacy policies, sales transactions, product fulfilment, product returns or practices of any such websites or the persons that operate them. I Shop JW cannot censor or edit the content of any other website. You agree that I Shop JW has no responsibility or liability in respect of any such website.
You agree to indemnify and hold I Shop JW and I Shop JW’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party.
I Shop JW Prohibited Conduct Policy.
You agree that You will not use the Website or the Service to do any of the following:
restrict or inhibit others from using and enjoying the Website or the Service;
gain unauthorized access to other accounts on the Website or through the Service;
store, collect or disclose any information, except as strictly necessary for you to use the Website or Service;
impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact.
You agree not to use the Service to upload, post, email, otherwise transmit, transfer, distribute, display, post links to, or advertise any of the following:
Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity;
Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way;
Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;
Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement, including making available;
Content regarding any raffle, contest or game requiring a fee by participants;
unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Website or the Service.
You may not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You may not advertise, offer for sale, or sell any Product You are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following Products:
firearms, explosives, or weapons;
food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;
any Products that that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors;
any controlled substances;
any Products that are counterfeit or stolen;
any dangerous Products;
any goods or services that do not, in fact, exist;
any registered or unregistered securities;
any Products that violate or infringe the rights of other parties;
any Products that you do not have the legal right to sell; or
any Products where advertising, offering for sale or selling through I Shop JW or the Service would cause I Shop JW to violate any law.
Without limiting the foregoing, You agree to comply with all applicable laws, rules and regulations that apply to Your use of the Website and Service. You, and not I Shop JW, shall be responsible for ensuring that Your use of the Website and Service in connection with Your Content and Product offering does not constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law in any jurisdiction, regulation or ordinance, including, but not limited to, U.S. law, regarding the transmission of copyrighted, trademarked content or personally-identifiable information or controlled technical data.
Content Not Screened or Error Free.
You acknowledge and agree that by using the Website or Service, while we try our best, you may be exposed to content that is offensive, indecent or objectionable. You further acknowledge and agree that the Website or Service and the content may contain errors or omissions. You acknowledge and agree that I Shop JW does not screen or review published content on the Website or Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions.
Under no circumstances will I Shop JW be liable in any way for any user or other third-party content, including, but not limited to, defamation, falsehoods, errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use or publication of any such content posted, emailed or otherwise transmitted via the Website or Service.
I Shop JW does not guarantee that content accessed or provided via the Website or Service will be to Your satisfaction. In the event that You believe that content published on the Website contains defamatory material or otherwise is published in violation of these Terms and Conditions please “Flag” the content or notify us via email or direct message.
(a) Relationship: The relationship between the parties will at all times be one of independent contract and nothing herein shall be construed as implying a partnership or joint venture relationship. The parties acknowledge and agree that nothing herein contained shall be construed as empowering either party to act as a representative or agent of the other party, and neither party has the authority to enter into agreements of any kind on behalf of the other; (b) Governing Laws and Dispute Resolution: This Agreement shall be governed by the laws of the Texas and the laws of USA applicable therein. Each party hereby submits to the exclusive jurisdiction of Texas, USA in connection with this Agreement. Each Party irrevocably consents to the exercise of personal jurisdiction over each of the Parties by such courts and waives any right to plead, claim or allege that Texas is an inconvenient forum; (c) Survival: The termination or expiration of this Agreement will not affect the survival and enforceability of any provision of this Agreement which is expressly or impliedly intended to remain in force after such termination or expiration; (d) Assignment: This Agreement may be assigned by I Shop JW without the prior written consent of You to a company owned or controlled by I Shop JW, or to an entity acquiring all or substantially all of the business or assets of I Shop JW. Any other attempt by You to assign any of the rights, duties or obligations pursuant to this Agreement, without the prior written consent of I Shop JW is void and of no effect; (e) Invalidity of Provisions: Each of the provisions contained in this Agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof; (f) Sections and Headings: Headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement; (g) Currency: In this Agreement, all amounts are stated and payable in US currency; (h) Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. There are no warranties, representations or agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth or referred to in this Agreement;
The I Shop JW Service is “as is” and no refunds will be provided for license fees, refunds are applicable on transaction fees if seller does not deliver product and I Shop JW is notified by paypal of the transaction not taking place or being refunded. Please contact I Shop JW to request any refunds.