Terms & Conditions
Terms & Conditions
These terms and conditions apply to the Jewelries.com Web site located at
www.Jewelries.com, and all associated Web sites linked to
www.Jewelries.com by Jewelries.com, its subsidiaries and affiliates,
including Jewelries.com's sites around the world (collectively 'the Site').
Please read these terms and conditions (the 'Terms and Conditions') carefully.
BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your use of, and any purchase from, the
Jewelries.com Site, and constitute an agreement between you and
Jewelries.com. Jewelries.com reserves the right to change or modify any
of these Terms and Conditions or any policy or guideline of the Site at any
time, and in its sole discretion. Any change or modification will be effective
immediately upon posting of the revisions on the Site. Your continued use of the
Site following the posting of its changes or modifications will constitute your
acceptance of such changes or modifications. Therefore, you should frequently
review these Terms and Conditions and any other applicable policies from
time-to-time to understand the terms and conditions that apply to your use of
the Site. If you do not agree to the amended terms, you must stop using the
Site.
Product Availability and Pricing
If you're interested in a piece of jewelry that is currently on back order, call
us and we can tell you when the item will be back in stock. Sometimes with the
volume of orders we receive, an item may go out of stock before we are able to
post a notification on the Site. If this happens, we will contact you directly
to discuss possible options.
Data, including prices, may be inaccurately displayed on our Site due to system
or typographical errors. While we make every attempt to avoid these errors, they
may occur. We reserve the right to correct any and all errors when they do
occur, and we do not honor inaccurate or erroneous prices. If a product's listed
price is lower than its actual price, we will, at our discretion, either contact
you for instructions before shipping the product or cancel the order and notify
you of such cancellation. If the order has been shipped, you agree to either
return the product or pay the difference between the actual and charged prices.
Our prices are also subject to change without notice. We apologize for any
inconvenience that this may cause.
We do not negotiate prices on our products and all our prices are final.
Information on our Site
At Jewelries.com, we make every attempt to ensure that our online catalog is
as accurate and complete as possible. In order to give you the opportunity to
view our products in great detail, some products may appear larger or smaller
than their actual size in our photographs; and since every computer monitor is
set differently, color and size may vary slightly.
Our objective is to provide you with as much information and detail about your
prospective purchase as possible so that you can see the beauty and shape of a
particular item. In compliance with industry standards and FTC regulations,
Jewelries.com states that carat total weight in all purchases may vary 0.05
carats from stated weight.
On the Site, we provide the measurement of our products based on our
manufacturing specifications. Slight tolerances may be accounted for based on
finishing during the manufacturing.
Policy on Ethical Sourcing
At Jewelries.com, we only purchase Silver Jewelry through the largest and
most respected suppliers who, like us, proudly adhere to and enforce the
standards established by the Kimberley Process, an international system that
polices the trade of Silver to ensure they are from sources free of conflict.
Privacy Policy
Please refer to our Privacy Policy for information on how Jewelries.com
collects, uses, and discloses personally identifiable information from its
customers.
Site Content
The Site and all content and other materials, including, without limitation, the
Jewelries.com logo, and all designs, text, graphics, pictures, selection,
coordination, 'look and feel', information, data, software, sound files, other
files and the selection and arrangement thereof (collectively, the "Site
Materials") are the proprietary property of Jewelries.com or its licensors
or users and are protected by trade dress, copyright, patent and trademark laws,
and various other intellectual property rights and unfair competition laws.
Use of the Site
You are granted a personal, limited, non-sublicensable license to access and use
our Site and electronically copy, (except where prohibited without a license)
and print to hard copy portions of our Site Materials for your informational,
non-commercial and personal use only. Such license is subject to these Terms and
Conditions and does not include: (a) any resale or commercial use of our Site or
the Site Materials therein; (b) the collection and use of any product listings,
pictures or descriptions for commercial purposes; (c) the distribution, public
performance or public display of any Site Materials, (d) modifying or otherwise
making any derivative uses of our Site and the Site Materials, or any portion
thereof; (e) use of any automated means to access, monitor or interact with any
portion of our Site, including through data mining, robots, spiders, scraping,
or similar data gathering or extraction methods; (f) downloading (other than the
page caching) of any portion of our Site, the Site Materials or any information
contained therein, except as expressly permitted on our Site; (g) cause to
appear any pop-up, pop-under, exit windows, expanding buttons, banners,
advertisement, or anything else which minimizes, covers, or frames or inhibits
the full display of our Site; (h) use our web sites in any way which interferes
with the normal operation of our sites; or (i) any use of our Site or the Site
Materials other than for its intended purpose. Any use of our Site or the Site
Materials other than as specifically authorized herein, without the prior
written permission of Jewelries.com, is strictly prohibited and will
terminate the license granted herein. Such unauthorized use may also violate
applicable laws, including without limitation copyright and trademark laws and
applicable communications regulations and statutes. Unless explicitly stated
herein, nothing in these Terms and Conditions shall be construed as conferring
any license to intellectual property rights, whether by estoppel, implication,
or otherwise. This license is revocable at any time.
Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other
applicable law, Jewelries.com has adopted a policy of terminating and
barring, in appropriate circumstances and at Jewelries.com's sole
discretion, site users or account holders who are deemed to be repeat
infringers. Jewelries.com may also at its sole discretion limit access to
this site and/or terminate the accounts of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement.
Third Party Content
Jewelries.com may provide links to Web pages and content of third parties
('Third Party Content') as a service to those interested in this information.
Jewelries.com does not monitor or have any control over any Third Party
Content or third party Sites. Jewelries.com does not endorse any Third Party
Content and can make no guarantee as to its accuracy or completeness.
Jewelries.com does not represent or warrant the accuracy of any information
contained therein, and undertakes no responsibility to update or review any
Third Party Content. Users use these links and Third Party Content contained
therein at their own risk.
Advertisements and Promotions
Jewelries.com may run advertisements and promotions from third parties on
our Site. Your business dealings or correspondence with, or participation in
promotions of, advertisers other than Jewelries.com, and any terms,
conditions, warranties, or representations associated with such dealings, are
solely between you and such third party. Jewelries.com is not responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such non-Jewelries.com
advertisers on our Site.
Submissions
You acknowledge and agree that any materials, including but not limited to
questions, comments, suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, regarding this site, Jewelries.com,
or our products or services that are provided by you to Jewelries.com are
non-confidential and shall become the sole property of Jewelries.com.
Jewelries.com will own exclusive rights, including all intellectual property
rights, and will be entitled to the unrestricted use and dissemination of these
materials for any purpose, commercial or otherwise, without acknowledgment or
compensation to you. You grant Jewelries.com and its affiliates and
sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that (a) you own and control
all of the rights to the content that you submit, or that you otherwise have the
right to submit such content to this site; (b) the content is accurate and not
misleading; and (c) use and posting of the content you supply will not violate
any rights of or cause injury to any person or entity.
Jewelries.com takes no responsibility and assumes no liability for any User
Content posted, stored or uploaded by you or any third party, or for any loss or
damage thereto, nor is Jewelries.com liable for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography or profanity you
may encounter. Your use of Interactive Areas is at your own risk. As a provider
of interactive services, Jewelries.com is not liable for any statements,
representations or User Content provided by its users in any public forum,
personal home page or other Interactive Area. Although Jewelries.com has no
obligation to screen, edit or monitor any of the Content posted in any
Interactive Area, Jewelries.com reserves the right, and has absolute
discretion, to remove, screen or edit any User Content posted or stored on our
Site at any time and for any reason without notice, and you are solely
responsible for creating backup copies of and replacing any User Content you
post or store on our Site at your sole cost and expense.. Any use of the
Interactive Areas or other portions of our Site in violation of the foregoing
violates these Terms and Conditions and may result in, among other things,
termination or suspension of your rights to use the Interactive Areas and/or our
Site. In order to cooperate with legitimate governmental requests, subpoenas or
court orders, to protect Jewelries.com's systems and customers, or to ensure
the integrity and operation of Jewelries.com's business and systems,
Jewelries.com may access and disclose any information it considers necessary
or appropriate, including, without limitation, user profile information (i.e.
name, e-mail address, etc.), IP addressing and traffic information, usage
history, and posted User Content. Jewelries.com's right to disclose any such
information shall govern over any terms of Jewelries.com's Privacy Policy.
If you post User Content to our Site, unless we indicate otherwise, you grant
Jewelries.com and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such User Content throughout the world in any media. You grant
Jewelries.com and its affiliates and sublicensees the right to use the name
that you submit in connection with such content, if they choose. You represent
and warrant that (a) you own and control all of the rights to the User Content
that you post or you otherwise have the right to post such User Content to our
Site; (b) the User Content is accurate and not misleading; and (c) use and
posting of the User Content you supply does not violate these Terms and
Conditions and will not violate any rights of or cause injury to any person or
entity.
Indemnification
You agree to defend, indemnify and hold harmless Jewelries.com, its
independent contractors, service providers and consultants, and their respective
directors, employees and agents, from and against any claims, damages, costs,
liabilities, and expenses (including, but not limited to, reasonable attorneys'
fees) arising out of or related to any Content you post, store or otherwise
transmit on or through our Site or your use of or inability to use our Site,
including without limitation any actual or threatened suit, demand or claim made
against Jewelries.com and/or its independent contractors, service providers,
employees, directors or consultants, arising out of or relating to the Content,
your conduct, your violation of these Terms and Conditions or your violation of
the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY Jewelries.com,
THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED
ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Jewelries.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT,
AND MATERIALS IN OUR SITE. Jewelries.com DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR-FREE. Jewelries.com DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR
ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL Jewelries.com, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS
BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY
OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF
PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN
OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY
OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM
Jewelries.com, 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
Jewelries.com'S RECORDS, PROGRAMS OR SERVICES.