Last updated [June 18, 2018]
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). The terms include a class action waiver and a waiver of your right to jury trials.
The Services are only intended for individuals aged thirteen (13) years or older. If you are under 13 years old, please do not visit or use the Services. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Services to make sure that you and your parent or guardian understand these Terms and agree to them.
We reserve the right, at our discretion, to change or add to these Terms at any time. Changed and new terms, as applicable, will be effective ten (10) days following posting of the revised Terms on the Services, and your continued use of the Services thereafter means that you accept those changes.
Description Of Services
Sneaker Con Digital provides a mobile and online social marketplace that allows users to buy and sell certain products. Users can list items for sale by taking and uploading photos, entering a sale price, as well as the size and condition of the item (“Sellers”). Buyers can browse and purchase those items. The actual contract for sale is directly between the Seller and Buyer. While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. Sneaker Con Digital is not an auctioneer.
For all Sales, Buyer and Seller will enter into a contract as described above, but the product will be shipped to Sneaker Con Digital headquarters, who will authenticate the product and ship it to Buyer. The authentication process is described in more detail below.
A description of the live marketplace process and the rules applicable to buyers and sellers is on our FAQ page, as updated from time to time. To view or browse the live marketplace, you must create an account using an email address and password or other account creation tools offered on the Services, such as a social media account. To offer items for sale (“Ask”) or offer to purchase items (“Bid”), you must link your account to a valid PayPal account. When you register to create an account with us, you agree to provide accurate information about yourself and must not register under a false name or age or use an unauthorized payment method. The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the
Services are not available to minors without parental supervision. If you do not qualify, please do not use the Services. Additionally, Sneaker Con Digital reserves the right to refuse access to, or use of the Services to anyone, and may terminate any account, at any time, in its sole discretion. You are only authorized to create and use one account for the services and are prohibited from using alter egos or other disguised identities when using the Services.
Sellers are responsible and agree to collect, pay, report and remit any and all local, state, provincial, federal, or international taxes (including VAT and sales tax) that may be due with respect to your sales transaction, and Buyers agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due with respect to your purchase transaction. You agree that Sneaker Con Digital, as the facilitator of the transaction, is not responsible for reporting, collection or payment of any taxes on your behalf.
License and Site Access
Sneaker Con Digital grants you a limited license to access the Services for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Services and the framing of any content available through the Services, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Sneaker Con Digital’s sole discretion) an unreasonable or disproportionately large load on Sneaker Con Digital infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Sneaker Con Digital to prevent or restrict access to the Services. Any unauthorized use by you shall terminate the permission or license granted to you by Sneaker Con Digital.
You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Sneaker Con Digital has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sneaker Con Digital has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). If you use Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or other devices. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Sneaker Con Digital immediately of any unauthorized use of your account or any other breach of security. Sneaker Con Digital reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
The Services may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. Sneaker Con Digital is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Sneaker Con Digital may from time to time monitor the Postings on the Services and may decline to accept or remove any Postings. You acknowledge that you are responsible for any Postings you submit through the Services, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through the Services any Posting that:
- is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
- may contain software viruses or malware;
- contains advertisements or solicitations of any kind, or other commercial content;
- is designed to impersonate others;
- contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
- contains messages by non-spokesperson employees of Sneaker Con Digital purporting to speak on behalf of Sneaker Con Digital or containing confidential information or expressing opinions concerning Sneaker Con Digital;
- contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
- contains chain letters of any kind; or contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
Buyer And Seller Responsibilities
When buying an item, you agree that:
- you are responsible for reading the full item listing before making a bid or commitment to buy;
- you enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted);
- FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
When listing an item, you agree that:
- you are responsible for the accuracy and content of the listing and item offered
- your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).
- content that violates any of Sneaker Con Digital’s policies may be modified, obfuscated or deleted at Sneaker Con Digital’s discretion
- we may revise product data associated with listings to supplement, remove, or correct information
- we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
Authentication and Brands
You acknowledge and agree that Sneaker Con Digital’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Sneaker Con Digital in any manner.
Unless a sneaker is pre-authenticated, and subsequent to a transaction taking place via the Services, the seller will ship the item to Sneaker Con Digital and Sneaker Con Digital will perform its proprietary, to-be-patented authentication process. If Sneaker Con Digital determines the item is authentic, Sneaker Con Digital will ship the item to the buyer. If Sneaker Con Digital is unable to confirm the authenticity of the item, then we will notify the buyer and the seller that the item is not authentic and will issue a refund to the buyer. Sneaker Con Digital policy requires sellers to ship items within two (2) business days of the purchase. However, because Sneaker Con Digital cannot control the amount of time it takes for the item to reach Sneaker Con Digital, we cannot guarantee a specific delivery timeframe for any items. Once we receive the item from the seller it generally takes one-two (1-2) business days for us to authenticate the item and ship it to a buyer. If a buyer does not receive an item, the buyer shall promptly report the issue to Sneaker Con Digital within two (2) days of the latest estimated delivery date.
If a product is pre-authenticated by Sneaker Con Digital, Seller will ship the product to Buyer within two (2) days of the transaction.
Counterfeits And Fraud
SNEAKER CON DIGITAL SHALL HAVE no responsibility and makes no warranties, as detailed further below, but it will remove any listing for counterfeits if it learns of them AND WITHIN A REASONABLE TIME AFTER THAT OCCURS.
It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our applicable copyright policies and all relevant and applicable laws, terms and regulations, including without limitation, Title 17 of the United States Code and World Intellectual Property Organization Copyright Treaty.
This section applies whether the services provided under the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SNEAKER CON DIGITAL HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MISAPPROPRIATION, INTELLECTUAL PROPERTY VIOLATIONS, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SNEAKER CON DIGITAL DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT SNEAKER CON DIGITAL WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, IN GENERAL AND TO THE EXTENT OUR WEBSITE IS TEMPORARILY DOWN BECAUSE OF THAT CONGESTION OR OVERLOAD. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, ANY SNEAKER, AUTHENTICATION TAG, OR ANY OTHER PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
SNEAKER CON DIGITAL DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT SNEAKER CON DIGITAL SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICES USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SERVICES USER OR OWNER IN CONNECTION WITH THE SERVICES OR ANY USER SUBMISSION, YOU AGREE THAT SNEAKER CON DIGITAL IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. SNEAKER CON DIGITAL RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Limitation Of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SNEAKER CON DIGITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SNEAKER CON DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SNEAKER CON DIGITAL FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SNEAKER CON DIGITAL FOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
You agree to defend, indemnify and hold harmless Sneaker Con Digital and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services; (ii) your Postings; (iii) your interaction with any Services user; or (iv) your violation of these Terms.
Term And Termination
These Terms are effective until terminated by Sneaker Con Digital or you. Sneaker Con Digital, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Sneaker Con Digital shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you shall cease all use of the Services. The provisions regarding warranty disclaimers, limitations of liability, and privacy shall survive termination of these Terms.
You and Sneaker Con Digital are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Sneaker Con Digital. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Sneaker Con Digital.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Sneaker Con Digital without restriction or notification to you. Any prohibited assignment shall be null and void.
- Negotiation. The parties shall attempt to resolve all disputes arising out of or in connection with this Agreement by negotiation in good faith, and within a reasonable time period. If the parties do not agree, within 14 days from the date the dispute arises, to a schedule for negotiation and, if desired, mediation, as described below, under this section, then the aggrieved party is entitled to use any and all legal means available to it to resolve the dispute.
- Mediation. If the parties cannot resolve a dispute within a reasonable time, then they shall initiate nonbinding mediation, and share equally in the cost of a Mediator, however each party shall be responsible for its own legal fees.
- Performance Continues During Dispute Resolution. The parties must perform their obligations under this Agreement while the dispute is being resolved.
- Award of Attorneys’ Fees. If a dispute between the parties arises out of or relates to this Agreement, the prevailing may recover its attorney's fees, expenses and costs incurred, in addition to any other remedy provided by this Agreement or by applicable state or federal laws.
Sneaker Con Digital reserves the right to discontinue or modify any aspect of the Services at any time. These Terms and the relationship between you and Sneaker Con Digital shall be governed by and construed in accordance with the laws of the State of New York without regard to its principles of conflict of laws. To the extent, if any, that the dispute is not settled completely and finally pursuant to the arbitration above, you agree to submit to the personal and exclusive jurisdiction of the courts located in [Queens County, State of New York] and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Sneaker Con Digital may seek injunctive relief in any court of competent jurisdiction.
These Terms shall constitute the entire agreement between you and Sneaker Con Digital concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions or concerns about the Terms for this Services or their implementation, you may contact us at [email protected]