Terms Of Service
Last updated 02/14/2020
Welcome to Studs! This website is owned and operated by Studs, Inc. (“Studs“/“we”/ “us”), a company incorporated under the laws of Delaware. This document sets out important information regarding the terms and conditions of accessing and using the features and functionality of the Studs website ( https://www.studspiercing.com or the “Site”) and services (“Service” collectively “Services”) and applies to all users who access the Services.
PLEASE READ THE FOLLOWING CAREFULLY. BY USING THIS SITE, INCLUDING MAKING ANY PURCHASE ONLINE THROUGH STUDS.COM, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THIS SITE OR MAKE ANY PURCHASES ON THIS SITE.
When you visit the Site or send emails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically in return. We will communicate with you by email, text message or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By providing your email address and mobile device number, you acknowledge and agree that Studs will send you emails and promotions relating to your Account, your order and purchases, or your upcoming or past piercings. You can opt out of your subscription to Studs’ email services at any time by logging in to the Site and changing your notification preferences. You can also unsubscribe from promotional emails at any time by clicking on the unsubscribe link in any of our email communications under opt-in preferences or replying “STOP” to text messages.
You acknowledge and agree that you are solely responsible for providing Studs with accurate contact information, including your mobile device number and email address, where we may send communications containing your Personal Information. Studs is not responsible for user errors and omissions.
MATERIALS POSTED ON SITE: REVIEWS AND RATINGS
It is your sole responsibility to review the content of all materials submitted by you on the Site. You acknowledge that we do not and cannot monitor all the material that is posted on the Site. We reserve the right to monitor all communications made by you through the Site to ensure compliance with this Agreement. Where we have determined in our sole discretion that a rating, review, posting, email, image, or communication (the “Inappropriate Material”) by you through the Site is in violation of this Agreement or any content that is otherwise unacceptable, we reserve the right to remove, edit, or move the Inappropriate Material. You agree not to impersonate another person in your use of the Site including without limiting the generality of the foregoing when submitting content for any product or service review or rating.
YOUR CONDUCT WHEN USING THE SITE
When using the Services available on the Site, you agree to use the Services only for the purposes described below:
- finding a Studs piercing location for yourself or another person;
- completing consent forms for ear piercing services (for those under 18 years of age);
- learning about piercing aftercare and Studs services;
- shopping for and making purchases of fashion jewelry, or other products offered for sale on the Studs Site;
- reading reviews and ratings of Studs and the products we sell as submitted by other users;
- writing and posting your own reviews and ratings of Studs locations and products you have experience with;
- or any other purpose authorized by Studs from time to time.
Any review that you submit to be included on the Site:
- shall be a true representation of your experience with Studs locations, personnel and products;
- shall not be false, misleading, or untrue;
- shall not include personally identifiable information that may be used to identify a customer other than yourself, or anyone under the age of 18.
You acknowledge that while Studs makes reasonable efforts to keep information available on the Site up to date, any ratings or reviews on the Site are submitted by other users of the Site, and may not be complete, accurate or up to date, and do not represent the views or opinions of Studs.
MEDICAL ADVICE DISCLAIMER
You understand and agree that the ear piercing care information on this Site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment of any condition. All content, including text, graphics, images and information, contained on or available through this Site is for general information purposes only. Studs makes no representation and assumes no responsibility for the accuracy of information contained on or available through this Site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Site with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS SITE.
Studs does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, services, opinions, or other information that may be contained on or available through this Site. STUDS IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE.
YOUR STUDS PASSWORD
Studs is entitled to act on instructions received under your password, when you execute a Terms and Consent to Piercing, and instructions provided when you make a purchase through the Site. You are responsible for keeping your user ID, password, and any and all other Account information confidential. Studs is not responsible for any actions taken or transaction made to or from your Account by any other party using your password.
FEES AND PURCHASE
When the Services, any portion thereof, or any product is made available for any fee, you will be required to select a method of payment and provide information regarding your credit card or other payment instrument. You represent and warrant to Studs that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Studs the amount that is specified in accordance with the terms of your purchase and this Terms of Service. You hereby authorize Studs (or our third party payment processor) to bill your payment instrument in accordance with the terms of the purchase and you further agree to pay any charges so incurred. If you dispute any charges you must notify Studs within sixty (60) days after the date that Studs charges you. We reserve the right to change our prices. You shall be responsible for all sales tax associated with the Services.
STUDS’ PROPRIETARY RIGHTS
All materials on this Site, including, without limitation, product or Service ratings and reviews, information, images, illustrations, audio clips, video clips, surveys, offers, discounts, and promotions, are protected by intellectual property rights owned and controlled either by Studs or its affiliates and subsidiaries, or by third parties who have licensed their material to Studs. Material from the Site may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Studs or except as specifically permitted on the Site. Use of material for any purpose and other than your own personal, non-commercial or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other website, social network, blog, handheld device application, web-based application, or networked computer is prohibited.
Studs makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access this site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws apply.
Studs welcomes your comments on our products, piercing services, offers and the Studs Site. However, any notes, messages, billboard postings, ideas, suggestions or other material that you submit to Studs will become the sole and exclusive property of Studs. Studs is entitled to use any material that you submit for any type of use forever in any media, whether now known or later developed, including Instagram, Facebook, or other social media platforms. When you submit material to Studs’ Site, you agree that Studs has the right to publish the material for any use as outlined above including, but not limited to, promotional and advertising purposes, without compensation to you of any kind. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas or artwork.
SOME LINKS IN THE SITE LET YOU LEAVE THE SITE AND GO TO WEBSITES OWNED AND OPERATED BY THIRD PARTIES. SUCH LINKED SITES ARE NOT UNDER THE CONTROL OF STUDS AND STUDS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. STUDS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY STUDS OF THE LINKED SITE.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Studs a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.
The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Studs to locate the material on the Site;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, which can be found at http://www.loc.gov/copyright/. Notices and counter-notices with respect to the Site should be sent to email@example.com. Please consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
PLEASE READ THIS PROVISION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS
DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVERS
This provision is intended to help come to a quick and efficient resolution of any and all disputes between us, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence, and/or any other legal or equitable theory, and including the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) and all disputes that arose before these Terms became effective and those that arise during and after termination or expiration of these Terms (“Disputes”). That is, the term “Disputes” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors).
BY ACCEPTING THESE TERMS, YOU ARE AGREEING THAT ALL DISPUTES WILL BE SUBMITTED TO BINDING ARBITRATION IN LIEU OF LITIGATION IN ANY COURT.
Specifically, all Disputes will be resolved by binding arbitration in New York County, New York, in accordance with the expedited procedures applicable to commercial arbitrations of the Judicial Arbitration and Mediation Service (“JAMS”) in effect at the time of the Dispute, provided, however, that the provisions of these Arbitration Rules shall supplement the JAMS Rules and control in the event of a conflict.
TO BE CLEAR, ACCEPTANCE OF THESE TERMS CONSTITUTES A WAIVER OF YOUR RIGHTS TO BE HEARD BY A JUDGE OR JURY.
In interpreting and applying the provisions of these Terms, the arbitration administrator(s), the Arbitrator, and any court of competent jurisdiction shall be guided by, and endeavor to support, these Terms and to further our intent and yours, as expressed by your acceptance of them, to engage in as streamlined an approach to dispute resolution as possible, tailored to the specific nature of the Dispute between us. This includes recommending that a JAMS mediator be used in lieu of arbitration, if in the opinion of the neutral party involved, mediation would more effectively resolve the dispute. In the event that arbitration proceeds to discovery, and unless a party presents a compelling reason to extend discovery parameters, we agree to limit discovery to: (i) document production regarding communications and interaction of the two parties; and (ii) a maximum of two depositions per party. An unlimited number of interrogatories may be presented, but such interrogatories must be tailored to isolated facts and documents relevant to the dispute.
CLASS ACTION WAIVER
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. Further, as a condition of using the Services (including piercing services and purchases made, whether such purchases occurred in store or online), you agree that to the maximum extent permitted by the laws of the State of New York you will not be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against us and will otherwise abide by these Terms.
This agreement is governed by and shall be construed in accordance with the laws of the state of New York and the federal laws of the United States without giving effect to any principles of conflicts of law. You agree to bring any claims against Studs exclusively in the courts of the State of New York. If any provision of these Terms of Service proves unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.
YOUR COMPLIANCE WITH LAWS
You agree that your use of the Site or Service, including piercing services and purchase of any products, whether in store or online, shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
You do not have any right to assign this Agreement or any of your rights to the Services to anyone. Studs may assign any or all of its rights and obligations under this Agreement or to the Services to any third party. At the election of Studs, if Studs’ obligations herein are assumed by a third party, Studs shall be relieved of any and all obligations and liability under this Agreement.
While Studs makes commercially reasonable efforts to ensure that all information provided on the Site does not contain computer viruses, bugs, malware, or other security flaws, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
REQUEST CUSTOMER SUPPORT OR SUBMIT QUESTIONS/SUGGESTIONS
When you request assistance with viewing your Account, logging on to the Studs Site, or accessing your Account, we will respond to you via email or text message, based upon your preferences as indicated either in your request or your Account information.
Disclaimers of Warranties and Disruptions or Interruptions in Service
THE MATERIALS ON AND SERVICES PROVIDED THROUGH THE STUDS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFICALLY NOTED HEREIN. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STUDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE STUDS SITE AND ANY WEBSITE WITH WHICH THE STUDS SITE IS LINKED. STUDS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THESE SITES OR THAT THEIR CONTENTS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATIONS OF THE STUDS NETWORK OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITATION, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY LAW, STUDS MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SPECIFIC MERCHANDISE OR SERVICE THAT WILL BE AVAILABLE FOR OR OBTAINED BY USERS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STUDS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STUDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL STUDS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID STUDS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
You also release, waive, discharge and promise not to sue or bring any claim of any type against us for any loss, damage or injury relating in any way to the Services or any part thereof. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.
You agree to indemnify and hold us and (as applicable) any subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of (i) your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party; (ii) your use of this Site or the use of this Site by any person using your user name and/or password and (iii) content you provide to Studs or the Site.
CHANGES TO THESE TERMS OF SERVICE
Studs reserves the right, at any time, to modify, alter, or update these Terms of Service by posting the modified, altered or updated terms on the Site, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Site and the Services. Your continued use of any of the Site and the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.
NOTICE FOR CALIFORNIA USERS
If you are a California resident, California Civil Code Section 1789.3 permits you to request information regarding the disclosure of your personal information by Studs to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org. If we do not respond to your request, you may also have a right to file a complaint with: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at email@example.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services or products available through the Site or via the Services.