Terms and Conditions
Last updated: 11 Mar, 2024
Welcome to Watch Space!
1. Introduction.
Watch Space, Inc. (“we”, “our”, or “us”) provides a platform for users to showcase, promote, review, contact, communicate, offer, or trade new and pre-owned luxury watches. The WatchSpace website (“WatchSpace”) and its associated services are collectively referred to as the “Services.”
WatchSpace serves as a platform for users to post information, communicate with one another, and potentially engage in transactions. We do not participate in any transactions, nor are we a party to any agreements or contracts formed between users. Therefore, we are not liable for the quality, safety, legality, or accuracy of any content posted on this website or any transactions that may occur as a result. WatchSpace does not manage sales transactions, and all sales are conducted offline pursuant to terms and conditions as separately determined between buyer and seller.
Users of our website or Services are solely responsible for the content they post, including product listings, advertisements, messages, and any other information shared. We do not endorse, verify, or guarantee the authenticity, reliability, or legality of any user-generated content.
The inclusion of any product, service, advertisement, or link on our website does not constitute an endorsement or recommendation by us. We make no warranties or representations regarding the quality, accuracy, completeness, or reliability of any content or information provided on our website.
Users engage with our website and its content as well as other users at their own risk. We disclaim any liability for any loss, damage, injury, or inconvenience arising from your use of our website or the Services, including but not limited to transactions entered into based on information obtained from this platform.
We do not verify the identity of users or the accuracy of the information they provide. Users are responsible for conducting their own due diligence and verifying the identity, credentials, and intentions of other users before entering into any agreements or transactions.
2. Accepting the Terms.
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE ACCESSING OR USING THE SERVICES, INCLUDING BY COMMUNICATING WITH US, YOU HEREBY AGREE TO COMPLY WITH, AND BE LEGALLY BOUND BY, THE PROVISIONS OF THESE TERMS OF SERVICE (THESE “TERMS”). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND US.
These Terms, together with the Privacy Policy, the terms of which are incorporated herein by reference, constitute the “Agreement” between you and us. Please read the Agreement carefully. By using the Services, you consent to the terms and conditions of the Agreement.
3. Changes to the Terms.
We may at our sole discretion change, add, modify, or delete portions of these Terms from time to time. You should look at these Terms regularly. We will post notice of modifications to these Terms at WatchSpace. If you do not agree to the modified terms for the Services, you should discontinue your use of our website and the Services. No amendment to or modification of these Terms will be binding unless (i) you accept updated Terms online, or (ii) you continue to use the Services after we have posted updates to these Terms or to any policy governing the Services.
4. Eligibility, Registration, Verification and Account Security
Eligibility
You must be at least 18 years of age to access or use the Services. In addition, the Office of Foreign Assets Control (OFAC) enforces trade embargoes, sanctions, and financial transaction prohibitions against targeted foreign governments, entities, individuals, and certain practices. Any use of the Services by anyone that is listed on any OFAC sanctions list is expressly prohibited.
Registration
WatchSpace provides free functions to visitors. To access certain features of the Services, you must register for an account with us. Registration is free of charge. You must provide accurate, current, and complete information during the registration process and whenever you access or use the Services. You represent and warrant that the information you submitted is true under penalty of law. All personal data you provide to register with the Services or otherwise is governed by our Privacy Policy.
Verification
Where permitted, we shall have the right to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of registered users. We may, in our sole discretion, use third-party services to verify the information you provide. All personal data you provide to the third-party services is subject to their own privacy policies and terms of use. We reserve the right to refuse your Services request in our sole and absolute discretion.
Account Security
You are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all activities that occur under your account, whether you have authorized such activities or actions. If you know or suspect of any unauthorized access to or use of your account or any other breach of security, please notify us immediately.
We reserve the right to disable your account at any time, including if you have failed to comply with any of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
5. Fees.
You may need to pay fees for certain Services (“Fees”) in accordance with the fee schedule we may publish from time to time on the website. We may change the Fees and payment policies for the Services from time to time and will publish the updated fee schedule on the website. If you do not accept such changes to the Fees, we may be unable to provide certain Services to you. Except as otherwise specified herein or in any purchase order, all Fees are quoted and payable in United States dollars. Payment is non-cancelable and non-refundable. Any tax is additional. Fees are non-refundable, even for listings we remove, delay, omit, re-categorize, or otherwise moderate. We may refuse any posting or product listings.
If you are a private seller or a dealer, we reserve the right to charge a listing fee based on the number of listed items. We also offer authenticity check services for certain transactions and you may contact us separately for the fees we charge for authenticity check services.
6. Our Content.
All the content, interface, software, tools, text, images, logos, marks, photographs, data, audio, video, design, codes, layout, “look and feel”, other content that is included on the Services, and all intellectual property rights related thereto (“Our Content”), are either owned by or licensed to us. Our Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to view Our Content and access and use the Services. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or its licensors, except for the licenses and rights expressly granted in these Terms.
7. Your Listings and Content (for Sellers).
You Give Us Permissions to Use the User Content
We may display watches and accessories listings shared by you or on your behalf (each, a “Product Listing”) on WatchSpace. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of the Product Listings and any other content, data, or information shared by you or on your behalf or accessed by us in connection with the Services, including photos and videos (together with Product Listings, “User Content”). You represent and warrant that you are a licensee or owner of all the User Content, and you have all necessary rights in the User Content to grant us the licenses and rights set forth in these Terms.
You are Responsible for the User Content
You must ensure that all User Content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting the price of products you offer. If we provide guidance regarding a suggested price for products you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours.
No Conflicting with These Terms
You are responsible for maintaining and updating any sales, returns policies, and other relevant terms or disclosures related to your Product Listings that you wish to apply to your interactions with users or that are required by law. Your terms, information, or disclosures must not conflict with these Terms or our other applicable terms and policies and do not bind us.
You are Responsible for Applicable Taxes
Even if we host and display your User Content on WatchSpace, you are the seller of record and agree to comply with all applicable tax laws and ordinances. You are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges, and additional charges (“Taxes & Fees”) for sales of watches or accessories that result from your use of our website or the Services. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products.
8. Prohibited Activities.
In connection with your use of or access to our website or the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
• Breach, violate, or circumvent any local, state, provincial, territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, export controls and tax regulations, licensing or registration requirements, or third-party rights
Provide or submit any false or misleading information, including:
• Provide false or inaccurate information of Product Listings and User Content
• Submit false or inaccurate personal data
• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
• Fail to pay Fees or other amounts owed to us
• Transfer your account and or username to another party without our consent
• Fail to timely provide, deliver, or make available any necessary information for us to perform the Services
• Fail to communicate with, cooperate with, or respond to our inquiries necessary for us to perform the Services
Dilute, tarnish, or otherwise harm our brand in any way, including:
• Through unauthorized use of the Services
• Register or use “WatchSpace” “Watch Space” or derivative terms in domain names, trade names, trademarks, or otherwise
• Register or use domain names, trade names, trademarks, social media account names, or other means of identification that are confusingly similar to our domains, trademarks, taglines, promotional campaigns, or Our Content
• Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of Our Content, except with our prior written consent.
Use the Services for your own unrelated purposes, including to:
• Harvest or otherwise collect information about users without their and our consent
• Contact another user for any purpose other than in relation to the use of the Services
• Commercialize any content found on WatchSpace or the Services
• Establish a personal database using Our Content in whatever media format
• Recruit or otherwise solicit any user to join third-party services or websites that are competitive to us, or for any other commercial use, without our prior written approval
Interfere with the operation of the Services, including by:
• Distribute viruses or any other harmful technologies that may disrupt or interfere with the Services or harm us or others.
• Interfere with the Services' operation or imposing an unreasonable load on our infrastructure.
• Systematically retrieve data from the Services to create a collection or database.
• Use, display, or frame the Services or our proprietary information without permission.
• Probe, scan, or test the vulnerability of our system or network.
• Circumvent technological measures to protect the Services.
• Attempt to decipher, decompile, or reverse engineer the software used for the Services.
• Circumvent account suspension, termination, or closure.
• Cause harm to the Services or any end user's systems and networks.
9. Optional Add-On Authenticity Check Service.
Description of the Authenticity Check Service
In addition to the Product Listings service, we offer an optional add-on Authenticity Check Service to registered users (the "Authenticity Check Service"). After initiating a sales transaction, the seller ships the item to our designated authentication facility. Upon the payment of the Authenticity Check Service Fees described below, our authentication team will carefully inspect the item's authenticity and conformity to the item's listing details, including its condition, authenticity, whether it is brand new or has traces of use, checking logos, tags, materials, hardware, quality, and more as applicable, and for accuracy against the item listing. Upon confirmation of the item's authenticity by our authentication team, the item will be securely shipped to the buyer. If our authentication team cannot verify the item's authenticity or the item is not as described, the item will be returned to the seller, and the Product Listing of such item must be removed from WatchSpace immediately. Items may also be photographed or videoed by us as part of the image catalog of WatchSpace or for any other purpose, at our sole discretion.
Authenticity Check Service Fees
An Authenticity Check Service Fee must be paid to us, either by the buyer or the seller, before we initiate the Authenticity Check Service. We reserve the right to institute, alter, or amend fees or costs associated with the Authenticity Check Service at any time, at our sole discretion. Authenticity Check Service fees and any applicable taxes for the optional add-on service are non-refundable, regardless of the inspection results.
Obligations of Seller and Buyer
a. Your Role as Seller.
By listing an item for sale on WatchSpace, you authorize its inspection by our authentication team if authentication check is requested by the buyer and agreed by seller. Upon the initiation of the Authenticity Check Service, you are required to ship the item, with appropriate insurance coverage, to our designated authentication facility located within the United States; the cost of shipping to the authentication facility is not covered by us. You acknowledge and agree that if the authentication team cannot verify an item’s authenticity, you will cooperate by removing the item from the Product Listings immediately.
b. Your Role as Buyer.
By purchasing the Authenticity Check Service, you acknowledge and agree to pay us the Authenticity Check Service Fees before our performance of the Authenticity Check Service. You further acknowledge and agree to the inspection and photographing of the item by our authentication team prior to your receipt of the item.
c. No Circumvention of Buyer and Seller Requirements.
If a buyer or seller circumvents or does not comply with this Section 9 of the Terms, or if a buyer or seller violates or is found to be non-compliant with the Terms, we reserve the right to take immediate action such as, but not limited to, account restriction or suspension or refusal to provide any Services.
d. Impact of Fraud Detection on Buyers and Sellers.
You acknowledge and agree that if our authentication team detects fraud or is unable to authenticate the item, the item will be removed from the Product Listings. In addition, we may work with the proper authorities as needed and reserve the right to confiscate and destroy any items unable to be authenticated.
10. Third-Party Services.
You may be able to link from the Services to third-party websites, software, services, or other resources that take you outside of the Services (“Third-Party Services”). We have no control over the contents of those sites or resources. We have no responsibility for the information, content, products, services, advertising, code, or other material provided through the Third-Party Services. Your interactions with Third-Party Services are subject to their own terms.
11. Changes or Updates to the Services
We reserve the right, at our discretion, to modify, suspend, or discontinue any part of the Services, including content or features, without notice. We may also limit certain features or restrict access to the Services, with or without notice or liability. We may provide updates or upgrades to the Services. We do not guarantee that the Services will be uninterrupted or error-free.
12. Indemnity.
You will defend, indemnify, and hold harmless us, our officers, directors, employees, shareholders, advisors, agents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, agents, and advisors (collectively, the “WS Parties”) from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms, arising out of a breach of your obligations, representation and warranties in these Terms, or arising from or related to your use of our website or the Services (including arising from a third party and relate to your use of our website or the Services).
13. Warranty Disclaimer.
THE SERVICES (INCLUDING WITHOUT LIMITATION, SERVICES PROVIDED THROUGH OUR WEBSITE AND OUR AUTHENTICITY CHECK SERVICE) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ARISING OUT OF COURSE OF CONDUCT, TRADE CUSTOM, OR USAGE. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
14. Limitation of Liability.
WE WILL NOT BE RESPONSIBLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS; (B) ANY LOSS OF GOODWILL; (C) ANY LOSS OF PROFITS; (D) ANY LOSS OF OPPORTUNITY; OR (E) ANY LOSS OF DATA. WE DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF OR OTHERWISE RELATED TO YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED $1,000 or THE AMOUNT YOU PAID TO US, IF ANY, IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE WS PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
15. DMCA Notice
Our website is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, our website maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to our website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Watch Space, Inc.
[mailing address]
Agent's Name/Email Address: legal at watchspace.com, support@watchspace.com
Telephone: (669)-231-9905
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
16. Miscellaneous.
These Terms are governed by the laws of the State of Delaware, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms will be in the state and federal courts located in Santa Clara county, California (except we may seek preliminary or injunctive relief anywhere). You accept the exclusive personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. We may assign our rights and delegate our duties under these Terms in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of our assets relating to these Terms. Nothing in these Terms will constitute a partnership or joint venture between you and us. If any provision of these Terms is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
