- Terms & Conditions
Terms & Conditions
Terms & Conditions
These Terms and Conditions (“Agreement”) are between you and Watchismo LLC. (“Company”). In consideration of the right to access and use the websites located at the Universal Resource Locator Addresses Watchismo.com, (each, the “Site” or the “Website”), and receive the Products offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 18 years of age. YOUR USE OF THE WEBSITE AND THE PRODUCTS SOLD THEREON CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. This Agreement applies to the products currently offered by the Company and any products that the Company may choose to offer in the future (collectively, the “Products”). Watchismo reserves the right to change the terms and conditions listed on this page at any time without notice.
All prices are listed in $US Dollars.
Satisfaction with your purchase from Watchismo.com is our Ultimate goal!
30 DAY RETURN POLICY
We could all use some extra time. If your new, unused item is not what you want, you have 30 days to return or exchange it.* Simple.
All watches purchased by US customers at full MSRP can be returned for refund. Orders with full price watches where a promotional coupon code of 15% off (or more) was applied are only eligible for store credit.
International orders are only eligible for store credit if returned to Watchismo with an RMA # and within 30 days after receipt.† Please note that any return shipping duties/taxes charged to Watchismo will be deducted from the eligible store credit. International orders are not eligible for refunds. †We are unable to accept any returns from South Africa.
Sale watches can be returned for store credit only. Sale watches or special order/preorders are not eligible for refunds. *Unfortunately we are unable to accept returns for Tendence Watches or any watches we no longer carry on our site.
3 SIMPLE STEPS
Ensure the watch is not sized and has not been worn. All returns must have the original, non-damaged packaging containing all original documents (instruction manuals, warranty cards, hangtags, spare links, plastic protectors, etc). If the item has any signs of wear, it will be returned to you.
E-mail us at email@example.com within 365 days of receiving your item to get a return authorization number from us (We call it an RMA number). If a package arrives to us without the RMA number easily visible on the outside, it will be refused by our receiving department.
Return the item to us in the original packaging, with all manuals, warranty cards, and any other material that came with the watch (including spare links, protective plastic on watches, etc). [Items returned with missing or damaged packaging could be charged up to a 20% restocking fee in order for Watchismo to (hopefully) obtain the missing packaging.]
All returns must be shipped to us in a crush resistant box with protective padding inside. Please do not return items in envelopes of any kind as these will not protect the item from damage during shipment. We suggest using UPS, Fedex or USPS with trackable, delivery confirmation. We recommend that you send the item insured to protect against breakage or lost shipments.
**Please allow 2-5 business days after Watchismo receives your return for your refund/store credit to be issued. Returns are processed in the order they are received.
30 Return Policy is effective as of November 1, 2015. Our previous 365-day return policy applies to orders placed between November 1, 2014 and October 31, 2015.
Shipping charges for any non-defective returns are the responsibility of the customer. For customers that selected FREE shipping at checkout, a small fee will be charged to cover our original shipping costs - $8 for US shipments; $15 for international shipments (after all, shipping was free in the first place). Original shipping and insurance charges will not be refunded. US & International orders with upgraded shipping will only be refunded or credited the purchase price of their item.
***Please ensure that you contact us for a return merchandise authorization code before you return your product***
Please understand that we are perfectly happy taking returns within these guidelines, but we must be able to sell the watch as new. We hope you understand that a new watch can only be returned if it has never been worn or used. It is impossible to wear a watch, even for a short time and not get it blemished in some way, especially if it has a leather band which is marked the first time the strap is buckled. Resized, modified (including removal of any links) or watches removed from sealed packaging are not be eligible for returns. Exceptions to the standard return policy are as follows: Pre-orders and/or Special orders will be charged in full to your credit card on the date ordered and will ship once the item(s) become available. Watches with unique finishes and/or patinas are not returnable if the watch has been opened and protective covering has been removed. Refunds are not allowed on preorders, special orders, gift certificates, & orders placed using store credits.
If orders are received damaged or in unsatisfactory condition, Watchismo must be notified within 24 hours of receipt of delivery for the right for any return privileges.
Most items ship within 1 business day from the point the order is received. Unfortunately we are unable to cancel orders if we aren't notified within 1 hour of the order being placed. In limited circumstances, we are able to cancel an order before it ships but there is a $5 fee. Watchismo's warehouse is closed on weekends and US Federal Holidays. Orders placed after 2pm on Friday or on a U.S. Federal Holiday will ship the next business day. UPS only delivers on non-holiday business days unless you select UPS Saturday Delivery at checkout. Domestic USPS orders over $300 may be changed to UPS for more secure shipping. If an item is listed as having free shipping, this applies to domestic U.S. shipments over $99 and most international orders over $199. In the event we are out of stock and unable to obtain inventory, an email will be sent to the buyer conveying this information. Watchismo reserves the right to change the shipping method and shipper at any time as long as the length of shipment time in transit does not change significantly. Watchismo is not responsible for any items once it has left our premises. We are sorry but, sales of Nixon Watches overseas is not permitted and Nixon watches do not carry any warranty outside the US.
Once items are shipped, liability is covered by the terms of the carrier. We will ship to the address specified by the customer. If you did not provide us with an accurate address, neither Watchismo, nor the shipping carrier can be held responsible for the loss of an item. Please double check your shipping address. Any shipping damage must be reported to Watchismo within 48 hours of delivery, otherwise it is ineligible for any insurance or refund claims.
If you have any questions or concerns, please do not hesitate to contact us. We are committed to excellent customer service and will do our best to resolve any issues.
The Shipping charges on our site cover freight only and do not include insurance. Shipping insurance is available for all items and can be selected at checkout for $1.99 per item and is non-refundable even if an item is returned. If Shipping insurance is not selected at checkout , the customer assumes all financial responsibility for non-delivery by the shipping company and agrees to hold Watchismo harmless for non-delivery and agrees not to initiate a chargeback or dispute against Watchismo LLC. If shipping insurance is selected, Watchismo will agree to replace the non-delivered item in the event the shipping carrier does not deliver it within 60 days of shipment. In the event the shipping carrier shows the item(s) as delivered, shipping insurance does not apply. Insurance coverage is only offered before the parcel arrives in one of these countries. The insurance certificate of coverage states under Exclusions -For shipments to Russian and other Commonwealth of Independent States countries (includes Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan) coverage ceases upon touchdown of the aircraft at the airport of destination or upon discharge from the overseas vessel at the destination discharge port. In the event the customer's address is entered incomplete on the original order, shipping insurance claims cannot be honored. International and domestic shipments which have watches stolen from the packaging during transit are not covered by this insurance. The insurance applies only to non-delivery of packages as Watchismo cannot insure the security and reliability of the recipient's local postal system. All customers need to notify Watchismo in the event they haven't received the box within 30 days so we may issue a tracer. No refunds/reshipments can be done if Watchismo has not been notified. In the event Watchismo is unable to replace the item due to being out of stock, a store credit will be given for the item cost (not including shipping charges). Due to the inability of International postal services to provide Insurance or usable tracking numbers, any order using a shipping method listed as No Tracking or Limited Tracking, the buyer agrees to hold Watchismo harmless and not at fault due to non-delivery by the recipient's home country postal service and cannot make any claims for refunds or chargebacks due to non-delivery if this shipping method is chosen. International Orders shipped via the USPS do not have usable tracking numbers due to the variance of postal systems around the world. The buyer assumes all risk once Watchismo has received an order that asks for USPS International First Class, USPS Priority International mail or USPS Express Mail International. Watchismo can only guarantee orders shipped via UPS or USPS Express.
Tariffs, Duty, taxes, handling charges etc. may be assessed by your local postal office/customs office for international orders, and are NOT included in the charge from our site and Watchismo is not responsible for these additional local charges. In the event UPS/USPS does not collect the taxes/duties owed to your local government, you authorize Watchismo to charge your original payment method for all amounts billed back to Watchismo. You may receive a separate bill for these additional charges from your local agency and this is not a reason to refuse the shipment as Watchismo has no control over these costs. Please check with your local customs office prior to placing an order to further clarify any possible fees. All refused/undeliverable orders for any reason will be charged a 20% re-stocking/re-processing fee of the total purchase price. Credit Cards from outside the U.S.A may require additional verification and may delay the shipment until verification is complete. International orders can take up to 90 days to arrive due to your local countries customs delays. If after 8 weeks, any order that has not arrived will have a tracer issued to try and determine the location of the order.
Watchismo has a 7 day price guarantee and should any item you purchase be reduced in price within 7 days of the purchase, Watchismo will provide a coupon for the difference to be used on any future order.
All warranty issues are to be handled directly with the watch manufacturer, and not Watchismo. Tendence Watches do not come with any warranty. Customer agrees to hold Watchismo harmless for any warranty claims with the manufacturer.
The Manufacturer's warranty does not cover:
battery, crystal, strap or bracelet
damage resulting from improper handling, lack of care, accidents or normal wear and tear
This warranty is void if the watch has been damaged by accident, negligence, unauthorized service or other factors not due to defects in materials or workmanship.
By placing an order, you accept that Watchismo LLC and its affiliates may contact you via email with any future communication with regards to sales, specials, or any other announcements. At any given time, if you wish to opt-out of this, please email us at firstname.lastname@example.org to be removed from our email list.
The water resistance description is theoretical and refers to a water intrusion prevention depth that assumes both the watch and the water are motionless. That never happens in the real world. Such tests are carried out in laboratories under strict conditions. An arm moving under water increases the pressure on the watch as does the movement of the water.
To use a watch for even recreational scuba diving it should have both a screw down crown and a screw on case back. A watch with both of these features will have gasketed protection that will assist in prevent water intrusion. If the watch is a chronograph - it should also have screw down pushers.
1 meter = 3.3 feet
1 ATM (atmosphere) or bar = 10 meters
Watches labeled "water resistant" can withstand splashes of water but should not be submerged
"50 Meters" - should withstand very short exposure to water (running your hand under the tap or in a sink for a second)
"100 Meters" - for use in a swimming pool
"200 Meters" - for use in recreational scuba diving
Greater than 200 Meters - suitable for deeper diving
...and...don't bathe with a watch on. Soap and shampoo suds can reduce the surface tension of the gaskets and allow water to penetrate as well as damage the gasket.
About Vintage Mechanical Watches
1. By the nature of its components, a mechanical watch will not be as accurate as a quartz watch, and it is not as tolerant under certain conditions. You can reasonably expect that a mechanical watch will run +/- 5-10 minutes per day. Colder and warmer temperatures that may be experienced during shipping may affect the timekeeping temporarily upon arrival.
2. Please do not overwind or force your watch. Just wind it enough to get the watch started if it is an automatic (rotor) type, or if manual, wind until you feel it stop. Do not force the watch past this point, as doing so will likely damage the mainspring or stem, both of which may be costly and no refunds are allowed.
3. Similar to an automobile, a watch will require periodic service to maintain its optimum condition. A service includes a complete cleaning and oiling, and should be performed at intervals of every 18 months, sooner if the watch will encounter dusty or damp environments regularly. Please be sure to use the services of a qualified watchmaker or technician experienced with the care and repair of mechanical watches.
4. Unlike a quartz/battery operated watch, a severe jolt or dropping the watch may cause damage to the fine mechanism inside. Please exercise the care afforded to any vintage or antique item.
5. Please understand that Vintage watches are in most cases used watches and will show some evidence of wear/scratches and not all functions are guaranteed to work on vintage watches. Vintage watches are sold as-is.
By following these simple steps, you will be able to prolong the life of your vintage watch.
The Website presents information and content, including but not limited to text, graphics, software applications, game engines, video and audio files and photos, other than User Content (as defined below), as well as the compilation thereof ("Content"), that is owned or licensed by the Company, its parents, subsidiaries, affiliates and assigns (collectively, "Watchismo"). The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Watchismo. When used in these Terms and Conditions, "we", “us” and "our" mean Watchismo.
In the event that a Watchismo LLC product is mistakenly listed at an incorrect price, Watchismo LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Watchismo LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Watchismo LLC shall issue a credit to your credit card account in the amount of the incorrect price.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Watchismo LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Watchismo LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Watchismo LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Watchismo LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Through the Website, you may be able to purchase from Watchismo the Products. Watchismo reserves the right to change, suspend and discontinue any aspect of the Products at any time, including but not limited to the nature of the Products offered, databases, hours of availability, and equipment or software needed for access or use. Watchismo has no control over your use of the Products. Nevertheless, Watchismo reserves the right to prevent you from using the Website for any reason, in its sole discretion. You agree that you are solely responsible for all fees, taxes and expenses which may be incurred through your use of the Website and purchase of the Products.
Not all of the Products described on the Website are available in all geographic areas. You may not be eligible for all of the described Products and we reserve the right to determine the eligibility of any user for any product or service. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Watchismo or its affiliates to any registration requirement within such jurisdiction or country.
THE PRODUCTS, CONTENT AND THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,. FURTHERMORE, Watchismo MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY CONTENT OR PRODUCTS, THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY PRODUCTS, THE ACCURACY OR RELIABILITY OF ANY CONTENT OR OTHER INFORMAITON OBTAINED THROUGH THE WEBSITE, ANY CONTENT, GOODS OR PRODUCTS OFFERED, PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR THAT THE WEBSITE, CONTENT OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIME SECURE OR ERROR-FREE. USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE PRODUCTS AND THE WEBSITE AND ALL THEIR CONTENTS IS AT YOUR SOLE RISK, THAT ANY AND ALL MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE PRODUCTS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PORPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR PRODUCTS. Watchismo DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE PRODUCTS IN TERMS OF THE CORRECTNESS OR ACCURACY OF ANY CONTENT, THE RELIABILITY OF ANY PRODUCTS OR OTHERWISE. THE WEBSITE AND THE PRODUCTS COULD BECOME INACCURATE OR INEFFECTIVE AS A RESULT OF DEVELOPMENTS OCCURRING OR CHANGES MADE AFTER PUBLICATION OF THESE TERMS AND CONDITIONS OR ANY OTHER CONTENT. Watchismo UNDERTAKES NO OBLIGATION TO KEEP ANY SUCH INFORMATION, CONTENT OR PRODUCTS CURRENT. Watchismo IS NOT RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR THE PRODUCTS OR THE OPERATION OF SUCH WEBSITE OR PRODUCTS. YOU (AND NOT Watchismo) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE WEBSITE OR USING THE PRODUCTS.
Watchismo SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES INVOLVING USER INFORMATION.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND PRODUCTS ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS OF THE WEBSITE AND THE PRODUCTS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
IN USING THE WEBSITE AND THE PRODUCTS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD Watchismo LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND THE PRODUCTS (OR ANY OTHER LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR PRODUCTS OR YOUR USE THEREOF, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. Watchismo SHALL NOT BE LIABLE EVEN IF Watchismo OR AN AUTHORIZED REPRESENTATIVE OF Watchismo HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL Watchismo BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Watchismo'S RECORDS, PROGRAMS, OR PRODUCTS. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND PRODUCTS AVAILABLE THROUGH THE Watchismo WEBSITE.
EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT WILL Watchismo’S LIABILITY EXCEED THE FEES WHICH HAVE BEEN COLLECTED OR $500, WHICHEVER IS LESS. THE PAYMENT OF THIS AMOUNT SHALL BE Watchismo’S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF Watchismo, ITS EMPLOYEES, AGENTS OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST COMPANY MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION HEREOF.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Watchismo’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW
(a) You agrees to indemnify, defend and hold harmless Watchismo, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Products or Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the Watchismo’s successors, assigns and licensees. (b) The Products, the Website and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Products, the Website and all related products. You shall indemnify and hold harmless Watchismo, its affiliates, officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys' fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Products, the Website and all related products. (c) You covenant to cooperate fully in the defense of any claim. (d) Watchismo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Watchismo.
(a) Some of the Content and/or Products may be offered to you conditioned on your purchase of a subscription. If you agree to subscribe, you further warrant and agree that all information that you submit is true and accurate (including without limitation, your credit card number and expiration date), and you shall pay all charges or fees to your account, including all applicable taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Watchismo reserves the right to change the amount of, or the basis for determining, any charges or fees for the use of the Website or Products and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you). You must provide Watchismo with valid credit card information. (b) Your subscription will be renewed automatically either on a month to month or yearly basis depending on the original Agreement between you and Watchismo. (c) If your credit card is not valid, or if your credit card can not be processed at the time of the renewal charge, Watchismo reserves the right to immediately terminate or suspend your access to the Website and Products, thereby terminating this Agreement and all of Watchismo's obligations hereunder or, or in addition, to charge you an administrative processing fee equal to 5% of the total billable amount. (d) The term of this Agreement shall commence when you first visit the Website or use the Products and shall apply to all of your subsequent visits and uses. Watchismo may, with or without cause, immediately terminate this Agreement, and deny you access to the Website and/or the Products in its sole discretion. Without limiting the foregoing, Watchismo has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that Watchismo, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website. In the event of termination, the restrictions imposed on you with respect to material uploaded to or downloaded from the Website, the disclaimers, limitations of liabilities and indemnification set forth in this Agreement, shall survive and all fees and payments shall be non-refundable. Any and all terms which by the nature should survive the expiration or termination of this Agreement for any reason, including but not limited to provisions dealing with limitation of Watchismo’s liability, disclaimer of warranty and intellectual property ownership, shall so survive.
Watchismo may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if you breach this Agreement or if Watchismo is unable to verify or authenticate any information you have provided. Watchismo’s failure to act with respect to a breach by you or others does not constitute a waiver of Watchismo's right to act with respect to subsequent or similar breaches. Without limiting any other rights Watchismo has, you understand and acknowledge that Watchismo, in its sole discretion, may pursue legal and/or equitable relief against you if you breach or threaten to breach this Agreement.
The Content on the Website and this Agreement are subject to change and updating by Watchismo and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
The laws of the State of Nevada will govern these Terms and Conditions, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to these Terms and Conditions. Persons who access the Website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations.
These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms and Conditions without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your Internet service provider.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
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