Gem Terms of Use

Effective as of May 22, 2021

Gem is a search engine to help you find that perfect piece of vintage or secondhand clothing. You can search for used clothing on our website or by using our mobile application. You may also have access to related content such as Gem Stories, social media posts, and receive new items alerts and Gem Stories via email.

This agreement (“Agreement”) contains the terms of use (the “Terms”) under which Gem Search, LLC (“Gem”, “we” or “us”) offers you (the “user” or “you”), access to its website at gem.app and its mobile phone application, and the service (as discussed above) available thereon (collectively, the “Service”). These Terms describe the user's responsibilities and limit Gem's liability. Before using the Service, please read these Terms carefully.

Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

By using Gem you agree to these terms.

By accessing and using the Service, you state your agreement to be legally bound by the following Terms. If you do not agree to these Terms, you must not access or use the Service.

We may make changes to these terms.

Gem reserves the right, in its sole discretion, to amend or update these Terms at any time upon posting the amended terms to our website and mobile application, and/or upon providing you notice of the changed terms of use by email. The amended terms will be effective upon being posted to our website and mobile application. You should visit this page regularly to review the then-current terms of use, because they are binding on you. Your continued access to and use of the Service following Gem's posting of any changes to the Terms will constitute your acceptance of such changes.

You have a limited license to use Gem.

Subject to and in consideration of your agreement with and compliance to these Terms, Gem hereby grants you a revocable, non-exclusive, non-assignable, non-transferable, non-sublicenseable license (“License”) to access and use the Service. We reserve the right to revoke your License and terminate your account if you violate these Terms or for any other reason with or without notice to you.

In regards to your use of our downloadable mobile application (our “App”), your License is restricted to the App solely being used on either (1) any iOS-enabled mobile device that you own or control, or (2) any Android-enabled mobile device that you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Play, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”).

You can create an account with your personal information.

To enjoy certain features of the Service you will need to create a user account. Creating an account will require you to provide us with your email address. You are required to provide accurate and up-to-date information. You may not use a false name with the intent of impersonating another person. You may receive account authentication emails, new items alerts, and Gem Stories by email. We collect personal information in accordance with the privacy practices set forth in our Privacy Policy.

You must be 13 years or older to use Gem.

By accessing and using the Service, you represent and warrant to Gem that: (1) you are at least 13 years old; (2) you are of legal age to form a binding contract or have your parent’s permission to do so; (3) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (4) you are legally permitted to access and use the Service and take full responsibility for your access and use of the Service; (5) if you are under the age of 18 but at least 13 years of age, you access and use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur on third party websites linked from our website and mobile application.

Gem is not responsible for the content of linked websites.

The Service contains links to third party websites that are not owned or controlled by Gem. Gem has no control over, and assumes no responsibility for, the content, business practices, privacy policies, or privacy practices of third-party websites. The personal details that you may share with these third party websites will be collected, processed, and stored in accordance with the privacy policies of these third party websites. We encourage you to review the privacy policies of third party websites linked from our website and mobile application.

Further, you agree that we are not responsible or liable for any content, offers, or other material on third party websites. The third party websites with which you may enter into transactions and/or agreements are solely responsible for any and all issues relating to your activity on those websites, including but not limited to issues arising from the processing of your purchase orders on those third party websites such as, including without limitation: delivery, purchase satisfaction, product authenticity, shipment, return policies, reimbursement, and customer service for returned goods. Gem does not monitor, verify or otherwise evaluate the content and practices of third party websites. By using the Service, you expressly relieve Gem from any and all liability arising from your use of any third party website.

We may contact you via email or send you mobile notifications.

You agree that we may communicate with you electronically. Such electronic communications may consist of email and/or notification features on our mobile application. You agree that all notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

If you provide feedback or ideas, we can use them freely.

You may voluntarily or by invitation submit feedback to us. By submitting information, comments, ideas, feedback or other content (collectively, “User Submissions”) to us, you grant Gem a non-exclusive, worldwide, royalty free, gratis, perpetual, irrevocable, sublicenseable, transferable right to use User Submissions in any manner and on any medium or platform. User Submissions are deemed to be non-confidential.

Gem respects intellectual property. We ask you to do the same.

All intellectual property rights in the product names, company names, trade names, logos, service marks, trade dress, and designs of Gem or third-party products appearing on the Service, whether or not appearing with a trademark symbol (“Intellectual Property”), belong exclusively to Gem or their respective owners, and are protected from reproduction, imitation, dilution, or confusing, misleading or infringing uses under national and international trademark and copyright laws. The use of such Intellectual Property in a manner violating national and international trademark and copyright laws is expressly prohibited, and nothing stated or implied on the Service confers to you any license or right not expressly granted in these Terms.

Report any copyright violations.

Gem is committed to respecting the copyrights of third parties. We will respond to claims of copyright infringement using guidelines and procedures set forth in the Digital Millennium Copyright Act (“DMCA”). If you see any material on the Service that in your good faith belief infringes the copyright of works that you own or control, you may notify us by email at copyright@gem.app. Your takedown notice must include the following information to be DMCA compliant:

• The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;
• A sufficiently detailed description of the content on the Service that you claim infringes the copyrighted work described in section (1) immediately above;
• Your contact information, including your full name, mailing address, telephone number, and email address, if available;
• A statement that you believe in good faith that the use of the allegedly infringing content on the Service is not authorized by the copyright owner, its agent, or the law; and
• This statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed”; and
• A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.

If you believe your work was erroneously removed due to an incorrect claim of copyright ownership, please contact us at copyright@gem.app.

Gem is for personal use. Don’t harvest data or cause harm.

The Service is intended for individuals who want to find vintage clothing on the Internet. The Service is for your own personal, non-commercial use only. Prohibited uses include but are not limited to: the collection of product pricing information, product or seller statistics, or research data. Permission may be requested by contacting us at contact@gem.app. We also encourage you to contact us if you have a creative idea how you, or your business, would like to use the Service.

Any automated access of the Service must obey robots.txt, robot meta and header directives. We also request you to use a descriptive user agent name that includes contact information. Don’t hesitate to contact us if you have any questions. We reserve the right to block access if we see automated access consuming too much resources.

In addition, you may not:

• modify, translate or reverse engineer any portion of the Service;
• collect or harvest any personally identifiable information, including member names and User IDs, from the Service;
• transmit destructive or harmful items such as viruses, worms, defects, Trojan horses; or
• use any software adversely impacting the proper working of the Service.

We do our best to protect your data.

We implement appropriate technical and organizational safeguard to protect against unauthorized information access. While we make reasonable efforts to protect the security of your data, we cannot and do not guarantee that unauthorized third parties won’t be able to circumvent our security measures. We disclaim any responsibility or liability for the theft, destruction, loss, or inadvertent disclosure of any information you submit to us or otherwise make available to Gem.

Gem is provided without warranties.

The Service, which includes its corresponding software, is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness of content, non-infringement, the availability or quality of any products or services available via the Service, or that access to or use of the Service will be uninterrupted or error free.

Without limiting the generality of the foregoing, Gem makes no representations or warranties regarding the accuracy of product descriptions displayed anywhere on the Service. The products listed, featured or otherwise appearing on the Service, whether your search results or featured listings, are products that are or were listed for purchase on third party websites, and Gem explicitly makes no promises about the reliability or accuracy of any such third party website product listing, whether it concerns, without limitation, the accuracy of product information, product quality or product availability.

Our liability is limited.

Under no circumstances will Gem or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages arising out of, in connection with or resulting from these Terms or the Service, whether based in contract, tort or otherwise. Gem's liability to you or any third party in any circumstance is limited to one hundred U.S. Dollars ($100.00). Regarding transactions made between you and third party websites linked from the Service, under no circumstances will Gem or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages, arising out of, in connection with your purchase of products from third party websites linked from the Service, whether based in contract, tort or otherwise.

Gem has no responsibility for your misuse.

You agree to indemnify and hold Gem, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to and/or use of the Service, your violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Gem is allowed to discontinue the service at any time.

Gem reserves the right to modify, discontinue, terminate or suspend any and all access to and use of the Service without prior notice. This Agreement shall remain in full force and effect while you use any part of the Service. You may terminate your use of the Service or your account at any time by following the instructions on the Service. The termination of the Service and/or your account will result in the deletion of all information associated with your account. Upon termination of your account, your right to access and use the Service will immediately cease. ‍‍

Gem’s home court is in New York City, United States.

This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York City, in the state of New York, United States.

Special Terms for our mobile app

The following additional terms and conditions apply to you if you are using the Gem service on an App from an App Store, as defined above.

Acknowledgement. Gem and you acknowledge that these Terms are concluded between Gem and you only, and not with any App Store. Gem, not the App Store, is solely responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are in conflict with the application store terms of service, the more restrictive App Store terms of service or Usage Terms shall apply, as applicable.

Scope of License. As defined above in these Terms, the License granted to you for the App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.

Maintenance and Support. Gem is solely responsible for providing any maintenance and support services (if any) with respect to the App, as specified in these Terms, or as required under applicable law. Gem and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty. Gem, and not the App Store, is responsible for product warranties, whether express or implied by law, as described in these Terms. If the App fails to conform to any applicable warranty, you may notify the App Store, and the App Store, where applicable, may refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Gem’s responsibility.

Product Claims. Gem and you acknowledge that the App Store is not responsible for addressing any of your or any third party’s claims relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. These Terms do not limit Gem’s liability to you beyond what is required under applicable law.

Intellectual Property Rights. Gem and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the App Store will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App, if any.

Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.

Developer Name and Address. Gem’s contact information for any questions, complaints, or claims with respect to the App is set forth below:

Gem Search, LLC
3811 Ditmars Blvd #2108
Astoria, NY 11105, USA
+1 415 802-3230
contact@gem.app

About this Agreement

Entire Agreement. You and Gem agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Validity. Gem’s failure to exercise any provision or assert any right in these Terms shall not be deemed to be a waiver of any other provision or right in these Terms. The invalidity of any provision in these Terms, as determined by a court of competent jurisdiction, shall not affect the validity of any other provision in these Terms.

No Assignment; No Agency. This Agreement is not assignable, transferable or sublicensable by you except with Gem’s prior written consent. Gem may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Gem in any respect whatsoever.

Continued Validity. If and when these these Terms are no longer applicable to you because you no longer use the Service, or because your account is terminated, or because the Service is suspended or terminated, the customary provisions of these Terms that survive such events shall continue to be binding on you, including, without limitation, limitation of liability, warranty disclaimers, and disclaimer of liability for third party websites.