Terms and conditions of use

Terms and conditions of use

The Site(s) is operated by Jewelry Martin  All rights are hereby reserved with respect to our service marks, trademarks, logos and trade dress (“Marks”). “Site(s)” means the Site(s) located at jewelrymartin.online, any subsequent URL which may replace any of these Site(s), and any and all associated mobile site(s) and/or app(s), websites, URLs and micro sites provided by us. “You/your” means you as a user of the Site(s). “User” means all users of the Site(s). We offer the Site(s), including all information and services available from the Site(s), to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.

YOUR CONTINUED USE OF THE SITE(S) CONSTITUTES YOUR AGREEMENT TO THESE SITE TERMS AND CONDITIONS.

By accessing the Site(s), you agree to be bound by the Site Terms and Conditions set forth herein. If there is anything you do not understand, please email any inquiry to jewelrymartinmiami@gmail.com. If at any time you do not agree to these Site Terms And Conditions, please do not use the Site(s).

YOU SHALL NOT USE THE SITE(S) FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITE(S) IN A WAY THAT MAY CAUSE THE SITE(S) TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE(S) IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE(S).

1. INTELLECTUAL PROPERTY OWNERSHIP AND USE

1.1 You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within the Site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

1.2 We grant you the limited right to access and make use of the Site(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Site(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site(s)’s name or our Marks; d) engage in any activity that interferes with the Site(s) or another user’s ability to use the Site(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site(s) and the goods or services offered on the Site(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Site Terms and Conditions.

1.3 You shall not use, copy, distribute, or exploit any of the Marks or Site Content in any manner without our prior written permission. You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. LINKING TO THE SITE(S) INDICATES THAT YOU ACCEPT THESE SITE TERMS AND CONDITIONS.

1.4 All Site Content and all materials and content contained within the Site(s), including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Site(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

2. INFRINGEMENT NOTICE

2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site(s), please notify us by sending an email to the following address: jewelrymartinmiami@gmail.com and including the words “COPYRIGHT NOTICE” in the subject text.

2.2 In order for us to more effectively assist you, the notification should include all of the following:

  1. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
  2. A description of the copyrighted work or other right you claim has been infringed or violated;
  3. Information reasonably sufficient to locate the material in question on the Site(s);
  4. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

2.3 If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice at jewelrymartinmiami@gmail.com. Notices and counter-notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998, as may be amended; see https://www.copyright.gov/ for details.

3. ERRORS AND INACCURACIES

3.1 We strive to provide complete, accurate, up-to-date information on the Site(s). Unfortunately, despite those efforts, human or technological errors may occur. The Site(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site(s).

3.3 Force Majeure. We will not be liable to you for any delay or failure to perform any obligation or services related to the Site(s) if the delay or failure results from any cause beyond such ours reasonable control, including acts of God, pandemics, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

4. CHANGES TO SITE(S) OR THESE SITE TERMS AND CONDITIONS

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site(s) or any portion of it.

4.2 We may alter these Site Terms and Conditions from time to time, and your use of the Site(s) (or any part of the Site(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Site Terms and Conditions have been changed. If you do not agree to any change to the Site Terms and Conditions, then you must immediately stop using the Site(s).

4.3 The Site(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site(s) or because of a failure, suspension or withdrawal of all or part of the Site(s

5. EXTERNAL SITES AND RESOURCES

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

6. ORDERS, PRICE AND RESALE

Nothing on the Site(s) constitutes a binding offer to sell services and/or products described on the Site(s) or to make such services and/or products available in your area. We reserve the right at any time after receipt of your order to accept or decline your request/order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Unless otherwise specified, any prices displayed on the Site(s) are quoted in U.S. dollars regardless of whether the order has been confirmed or your account/credit card charged. If your account/credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your account/credit card account.

7. ONLINE CONTENT

7.1 The Site(s) contains or may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content on our Site(s) (“Online Services”). While we have no obligation to offer and/or actively monitor the Online Services, we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

7.2 Except with respect to personal information, which we will collect, use and disclose in accordance with our Privacy Policy, we will have no obligations with respect to the User Content. You are responsible for the User Content you post to the Site and you must be compliant with applicable laws, rules and regulations when posting such User Content. You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to post the User Content on the Site(s).

7.3 By using the Site(s), you agree that:

  1. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
  2. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
  3. You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
  4. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

7.4 User Content may become public information, in whole or in part. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

7.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

7.6 If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised. Jewelry Martin is free to use the User Content without limitation and without compensation to the User for any purpose whatsoever and in identifiable or de-identified form.

7.7 If you choose to communicate or meet with other users of the Site(s), you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Site(s).

7.8 The Site(s) is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Site(s).

8. DISCLAIMERS

8.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION IN USER CONTENT, SITE CONTENT AND/OR ANY OTHER MATERIALS CONTAINED WITHIN THE SITE(S). THE SITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

8.2 WE MAKE NO WARRANTY THAT THE SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

9. LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW OR PUBLIC POLICY WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL INDIRECT PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

10. INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED IN LAW OR PUBLIC POLICY YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND HOLD HARMLESS AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITE(S) AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE SITE TERMS AND CONDITIONS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

11. INVESTIGATIONS OF VIOLATIONS OF THESE TERMS

We may, but are not obligated to, investigate any reported violation of these Site Terms and Conditions and we may take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

12.MONEY BACK GUARANTEE

It only applies to the first purchase recived from each customer and has a duration of 14 days from the receipt of the purchase