323 Drum Point Road
Brick, NJ 08723
Phone: (848) 232-2327
Last Updated: 10/15/13
This Terms of Service Agreement (referred to as the “Agreement” or "Terms and Conditions") is between you (either an individual or a single entity) and Black Sheep Thrift Shop (“The Store” or “we”), and governs your use of service provided by Black Sheep Thrift Shop through this website and by any other Black Sheep Thrift Shop owned websites, as well as any software developed and distributed by Black Sheep Thrift Shop.
Sometimes in this agreement Black Sheep Thrift Shop may be referred to as “Black Sheep Thrift Shop”, “Us” or “We”. The “Black Sheep Thrift Shop Service”, which may be referred to as just the “Service”, means the service provided through the web site, (“Web Site”), located at Black Sheep Thrift Shop (including any subdomains), and any software applications developed or distributed by the Black Sheep Thrift Shop (the “Software”).
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE FOR ANY PURPOSE.
Black Sheep Thrift Shop is an online storefront for a physical store by the same name located in Brick, NJ.
You agree that we may change the terms of service and conditions in this Agreement at any time without notice. We will always post the date this Agreement was updated at the top of this Agreement.
You agree that we reserve the right to change the Black Sheep Thrift Shop Service or remove the Black Sheep Thrift Shop Service at any time at our sole discretion, for any purpose, and with or without notice to you.
Unless we notify you about changes in the Agreement, any new or updated features will be subject to these terms. You agree that if you continue to use the Service, you agree to be bound to the most recent version of this Agreement.
You agree that the Black Sheep Thrift Shop Service, (including without limitation, the Web Site and the Software), are owned by us. You acknowledge that we own, or we license from other companies, any copyrights, trademarks, technology, patents in and to the Service and that you will not make any claim to any ownership in the Service or any part of the Service. All trademarks displayed within the Service are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between Black Sheep Thrift Shop and these companies. Furthermore, you agree that you will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation; browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than the search engine available at the Web Site to monitor or obtain data contained within the Service without prior written approval of Black Sheep Thrift Shop.
Black Sheep Thrift Shop respects the intellectual property rights of other companies and requests that our users and partners do as well. Black Sheep Thrift Shop is not responsible for any web site that you may find or access while using the Service. The content or material (available through the Service) may be protected by the intellectual property laws of the United States and/or other countries.
Black Sheep Thrift Shop reserves the right to terminate any user’s account whom We believe to infringe upon the copyrights, trademarks or other intellectual property rights of others (including without limitation) Black Sheep Thrift Shop. We reserve the right to remove hyperlinks or content, including links or content from merchant partners, from the Service that We believe to infringe upon the copyrights, trademarks or other intellectual property rights of others (including without limitation) Black Sheep Thrift Shop.
It is our policy to respond to notices of alleged intellectual property right infringement that comply with the Digital Millennium Copyright Act (DMCA) (17 USC §512) or other applicable law.
If you believe that your copyright, trademark and/or other intellectual property, accessed on or through the Black Sheep Thrift Shop Service, have been used in a manner that constitutes a violation of your intellectual property rights, please contact Black Sheep Thrift Shop’s Copyright Agent, in writing, and include the following information:
By email: copyrightagent@Black Sheep Thrift Shop
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
This Agreement shall remain effective until terminated. You agree that we may modify or terminate your use of the Black Sheep Thrift Shop Service at any time, for any reason or for no reason, and without notice or liability to you or any third party. Upon termination of this Agreement by either party, your right to use the Black Sheep Thrift Shop Service shall immediately cease.
THE BLACK SHEEP THRIFT SHOP SERVICE, ANY INFORMATION AND ANYTHING ELSE RELATING TO THE THE BLACK SHEEP THRIFT SHOP SERVICE, ARE PROVIDED BY BLACK SHEEP THRIFT SHOP "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BLACK SHEEP THRIFT SHOP IS ALSO NOT RESPONSIBLE FOR, AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND/OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS OF THE BLACK SHEEP THRIFT SHOP SERVICE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
UNDER NO CIRCUMSTANCES SHALL BLACK SHEEP THRIFT SHOP, SUBISIDIARY OR AFFILIATE COMPANIES OR ANYONE WORKING FOR OR ON BEHALF OF BLACK SHEEP THRIFT SHOP, SUBSIDIARY OR AFFILIATE COMPANIES, BE LIABLE TO YOU FOR ANY COST OF PROCUREMENT OF ANY GOODS OR SERVICES NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN ANY CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE THE BLACK SHEEP THRIFT SHOP SERVICE OR THE INFORMATION PROVIDED THROUGH THE BLACK SHEEP THRIFT SHOP SERVICE, NO MATTER WHAT THE CLAIM IS BASED ON AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that if you use the Service, or any information gathered through the Service, in a manner that violates this Agreement or harms another person, company, entity or inanimate object, or causes another person or company to seek loss, damage, claim or demand against us or affiliated companies, then you agree to pay for any costs, fees or damages we incur related to that loss, damage, claim or demand. You agree that we may choose, at our own expense, to take control of the exclusive defense of any matter, but doing so shall not excuse your indemnity obligations.
If any section or paragraph in this Agreement is found to be invalid, illegal, or unenforceable, then you agree that the Agreement shall then be interpreted as if that section or paragraph was removed and the rest of the Agreement remained in effect and in place.