TERMS AND CONDITIONS OF USE
You may access and use the Website for personal, non-commercial purposes only. As a condition to your continued use of the Website, you warrant to JewelryForever.com that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. JewelryForever.com reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
Ownership Rights/Use of Sites Materials
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, multimedia clips, data compilations, metadata, and software, and compilation(s) thereof (the "Website Content") is the property of JewelryForever.com, or third parties who, may from time to time, supply or license content to JewelryForever.com and is protected copyright, trademark and other intellectual property laws in the United States and throughout the world. All trademarks, service marks, trade names, and logos, whether registered or unregistered, used on or in connection with the Website (collectively, the "Marks") are the sole and exclusive property of JewelryForever.com and are protected by trademarks. Except as set forth in this Agreement, neither the Website Content nor its Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
In using the Website, you shall not: (i) modify or download the Website or Website Content (ii) make any use of the Website or Website Content except for personal, non-commercial use; (iii) create any derivative work whatsoever based upon, without limitation, the Website or Website Content; (iv) use any meta tags or any other "hidden text" utilizing the Marks or the name of JewelryForever.com without our express prior written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose burden or load on the Website server or related product fulfillment infrastructure. This license shall be terminated upon any unauthorized use by you of the website without prejudice to any other remedy under applicable law.
Any inquiries, feedback, suggestions, ideas or any other information you provide us, whether posted on the Website, e-mailed to us, or mailed to our address ("Information") will be treated as non-proprietary and non-confidential. In addition to the foregoing, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, from the Information. You also acknowledge that the Information may not be returned and we may freely use the Information, and any ideas, concepts, or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(See 17 U.S.C 512(c)(3) for additional information relating to the DMCA)
The designated Copyright Agent to receive notifications of claimed infringement may be contacted as follows:
By Postal Mail: JewelryForever.com, 303 Park Avenue South, Suite 1015, New York, NY 10010 By E-mail: email@example.com
The contact information for the Copyright Agent should be used solely for the purposes of notifying JewelryForever.com that your copyrighted materials may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
All e-mail communications from JewelryForever.com will include our company address at the bottom of any such email. Any product offer or coupon will always include links to our Privacy Statement, Terms and Conditions and will be hosted (i) on our website (jewleryforever.com), or (ii) on an approved partner website. Anytime that you are not sure if an e-mail or other electronic offer or communication relating to a JewelryForever.com product is valid, you should always contact the sender of that e-mail or communication.
Our Customer Care Department is available to help anyone who has questions about our products and promotions.
Credit Cards for Samples and Promotions
JewelryForever.com currently is not requiring your credit card information for the purposes of receiving any sample or coupon. However, JewelryForever.com does sell its products online. At the end of an online transaction to purchase Jewelry Forever products, you will be provided with a description of the products and/or services for which you are being charged (e.g., products, shipping) and the total amount of the transaction. If a website asks you for your credit card without giving you a total amount of sale and asking for your approval to completing the transaction, we would encourage you to find out more before sharing your personal information or completing the transaction.
You agree to fully adhere to the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003.
All products purchased through the Website are shipped and billed by JewelryForever.com. @@@ will appear on your credit card statement. Orders are typically shipped standard ground.
Disclaimer/Limitation on Liability
Use of and browsing in the Website is at your own risk. Neither JewelryForever.com nor any party representing JewelryForever.com in creating, presenting or otherwise affiliated with the Website is liable for any indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use the Website. To the extent permitted by law and without limiting any of the foregoing, everything on the Website is provided to you on an "as is" basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, or non-infringement. JewelryForever.com reserves the right to change any and all content including product prices contained on the Website at any time without notice.
JewelryForever.com makes every effort to provide you accurate, up-to-date information for products. Sometimes, however, one or more products on jewelryforever.com may be incorrectly priced. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from a third party, you understand and agree that JewelryForever.com shall have the right, at our sole discretion, to refuse or cancel any order placed for product listed at the incorrect price. If the correct price of a product is lower than the listed price, we will charge the lower amount and ship the product to you. If the correct price of a product is higher than the listed price, we will cancel your order and notify you of the price error and order cancellation. Subject to continuing availability, you may purchase the product at the correct price.
Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Some promotional codes and offers are limited to specific products or lines/collections and can only be used within the conditions and parameters of the promotion. Certain products may be excluded from offers and promotion. Sale pricing, promotional codes and other special offers cannot be applied toward prior purchases. Promotional codes may not apply to already discounted items. All promotions and offers are subject to change without prior notice.
JewelryForever.com is not responsible or liable for the content, privacy policies or security of third party websites that link to or from the Website. Linking to any page on the Website is prohibited absent express written permission from JewelryForever.com. No links to a third party website from the Website shall be deemed to imply that JewelryForever.com endorses the third party website or any content therein. JewelryForever.com shall not be held liable or responsible for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site.
You hereby agree to defend, indemnify and hold JewelryForever.com, its officers, directors, employees, agents, licensors and suppliers harmless from and against any losses, damages, costs, third party claims, actions, or demands, including attorneys' fees, resulting from (i) any violation of these terms and conditions, from your use or misuse of the Website and Website Content, (ii) any activity related to your Website account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Website account), or (iii) the use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that burdens the Website or product fulfillment infrastructure.
Jurisdiction; Use outside the United States
Any dispute over the content or use of the Website shall be governed by the substantive laws of the United States and the State of New York, without regard to conflicts of law and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods. If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located within the United States. Your order will be placed, accepted, processed in and shipped from the United States. Access to and use of this Website outside the United States does not imply that the materials published on this Web Site are appropriate for use or in compliance with applicable laws and regulations outside of the United States. If you access and use this Web Site from outside of the United States, you are solely responsible for compliance with applicable local laws and regulations.
No Assignment; No Waiver