ACCEPTANCE OF TERMS
Proprietary Rights: Site Content and Usage Restrictions
This Site, and all materials that are part of this Site, including without limitation all images, illustrations, designs, graphics, data, text, software, code, music, photographs, audio, video, the “look and feel” and the organization of the Site, and each of its webpages, (collectively, the “Content”), are owned by or under license to Luxury Jewelry Brands America, Inc. Luxury Jewelry Brands America, Inc. owns all copyrights, trademarks, patent rights, database rights, moral rights and other intellectual property rights therein or has a valid right to use such intellectual property rights on this Site. You acknowledge and agree that, through your use of this Site, you are not acquiring any right, title or interest in the Content. You are expressly prohibited from using, publishing, displaying, distributing or creating derivative works based on any Content without the prior express written consent of Luxury Jewelry Brands America, Inc. or its licensors. Except as provided herein, none of the Content may be reproduced, distributed, republished, uploaded, downloaded, displayed, posted, transmitted or copied by you in any form or by any means without the prior express written consent of Luxury Jewelry Brands America, Inc. or its licensors. Please understand and accept that all of the Content is intended solely for personal, noncommercial use by the users of our Site and you are prohibited from using any of the Content for commercial use. Any commercial use or other unauthorized use of this Site or the Content is prohibited by both domestic and international copyright laws, as well as the laws, regulations and statutes of the State of New York and the United States.
GINETTE NY, GINETTE LAB and associated designs and trademarks are under License to Luxury Jewelry Brands America, Inc. All other trademarks, service marks and trade names reflected on the Site are the properties of the respective owners of those trademarks, service marks and trade names. Luxury Jewelry Brands America, Inc. disclaims any proprietary interest in trademarks, service marks and trade names other than its own.
Colors, Styles and Sizes
We have made every effort to display the colors, styles and sizes of our products as accurately as possible, but please understand that the actual depiction of the jewelry that appears on your monitor will depend upon your monitor and we cannot guarantee its accuracy.
Correction of Errors and Product Information and Pricing
We reserve the right to correct any inaccuracies, typographical errors, or omissions and update information at any time without prior notice (even after an order has been submitted). Please note that some of these corrections may relate to the product description, availability or pricing. We therefore reserve the right to cancel any orders that are based on such inaccuracies, errors or omissions. We will notify you of such cancellation. We apologize for any inconvenience this may cause you. If your credit card has been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account. Some products displayed on this Site may also be available in our retail store, and some products in our retail store are not available on this Site. Although merchandise offered on this Site is generally priced the same as the identical merchandise in our retail store, price differences may exist due to promotional events and special offers.
User Comments, Feedback and Submissions
You warrant, represent and agree that you shall not: (A) use the Site for any purpose that is prohibited by law or regulation or facilitate the violation of any law or regulation; (B) impersonate any person or entity or represent your affiliation with any other person or entity; (C) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or Content on this Site for commercial purposes; (D) attempt to gain unauthorized access to other computer systems through this Site; (E) use or attempt to use any “deep link,” “scraper,” “robot,”, “bot,” “spider,” “data mining,” “computer code” or any other automatic means of obtaining lists of users or other information from or through this Site or the services offered on or through this Site, including without limitation any information residing on any server or database connected to or associated with this Site; (F) use the Site or the services made available on this Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site or such services, including without limitation sending mass unsolicited messages or “flooding” servers with requests; (G) violate the security of the Site or attempt to gain unauthorized access to the Site, data, material, information, computer systems or networks connected to any server associated with the Site, (H) interfere with, or attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on this Site, or any servers or networks connected to the Site, including accessing any data, content or information prior to the time that it is intended to be available to the public; (I) attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services or the Content thereof, or make any unauthorized use thereof; (J) use any meta tags, key terms, or search terms containing our trademarks or the Site’s name; (K) use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other person’s use and enjoyment of the Site including, without limitation, uploading, posting, transmitting, distributing or otherwise publishing through this Site any materials which (i) restrict or inhibit any other user from using or enjoying the Site or the Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain advertising, chain letters, or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsements or statements of fact; or (L) link this Site to any other website or create a link from any other website to this Site, in any manner that this Site, or any webpage of this Site, is “framed,” surrounded, or obfuscated by any third party content, materials or branding.
We are not responsible for any materials posted to this Site by third parties. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials in whole or in part that we, in our sole discretion, deem to be objectionable or in violation of these Terms, our policies or applicable law. In addition, we reserve the right to investigate any reported violation of these Terms and take any action that we deem appropriate which may include, but is not limited to, reporting any activity that we suspect violates the law or regulations to appropriate law enforcement authorities.
You agree that, in the event that you have any claim or action against any other user of this Site, you will pursue that claim or action independently of, and without recourse to, Luxury Jewelry Brands America, Inc.
You further agree that any violation of these Terms, or the unauthorized use of this Site, shall be grounds for termination of your right to access, browse and use the Site. We reserve the right to terminate your access to our Site at any time, with or without notice, at our sole discretion.
Third Party Relationships
Please understand that, at times and for your convenience, this site may provide a link to, or be linked from, another website that is independent of this Site and as such we cannot be held responsible for, or control the privacy, content or representations of those sites nor can any of our employees, agents, contractors, or partners, be held accountable for any damages connected to those sites. The information on those linked websites may not necessarily reflect our beliefs and the existence of a link does not reflect or evidence that we accept or promote any content on those linked websites. Any reliance of the contents of a third party website is done at your own risk. The user is responsible to protect himself or herself while linking to or from other websites.
You agree to indemnify and hold us, our shareholders, officers, directors, employees, partners, members, managers, agents, and suppliers (including our service providers and vendors) harmless from and against all claims, damages, liabilities, expenses, costs, including attorneys’ fees related to your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or arising out of your breach or violation of any of the Terms or of this Agreement.
Governing Law and Dispute Resolution
This Agreement, and any action that relates to the Terms, your use of the Site or any claims you have against us shall be governed by the laws of the State of New York without regard to any choice of law principles. You hereby agree that any controversies, disputes, claims or actions that you may have arising in connection with this Agreement, the Terms of this Site, your relationship with us or any purchases you make shall be resolved solely and exclusively by the state and federal courts located in New York, New York, and you hereby consent to the jurisdiction and venue of such courts.
Warning for California Residents
For California residents only
Under California Civil Code Proposition 65, California users are entitled to the following warning: Certain fashion accessories may contain a chemical known to the State of California to cause cancer, birth defects or other reproductive harm. These items may include footwear, wallets, handbags, belts, gloves, faux leather, vinyl, imitation leather wearing apparel, sunglasses, fashion jewelry, hair wear, cosmetics, cosmetic bags, and toiletries.
DMCA and Intellectual Property Policy
Luxury Jewelry Brands America, Inc. complies with the Digital Millennium Copyright Act (“DMCA”). It is our position to remove material on this Site that we believe in good faith may be the intellectual property of a third party that has been illegally copied, distributed and/or published by any of our vendors, distributors, advertisers, affiliates, content providers and users. If you believe that material or content that is on this Site infringes an intellectual property right that you own or control, please send us an appropriate notice identifying information reasonably sufficient to permit us to contact you and the identification of the work or material (including a copy of any copyright certificate) you believe is being infringed, with a physical or electronic signature of the owner of the right claimed to be infringed and a statement that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law, and a statement by you, under penalty of perjury, that the information you are providing is accurate and that you are the owner of the right claimed to be infringed or violated or you are authorized to act on behalf of the owner. Any notice given pursuant to the DMCA should be sent to email@example.com who is our designated DMCA designated agent or via registered mail return receipt requested to Luxury Jewelry Brands America, Inc., DMCA Compliance Agent, 594 Broadway – suite 606 – New York, NY 10012. We reserve the right to ignore any notice that is not in compliance with the DMCA and we may, but are not required to, respond to a notice that is not in compliance with the DMCA.
Disclaimer of Warranties and Limitation of Liability
This Site and the Content, any services in connection therewith and any products purchased thereon, are provided on an “as is” and “as available” basis without warranties of any kind either expressed or implied including without limitation warranties for information, data, data processing services, uptime or uninterrupted access, and any warranties of title, non-infringement, or implied warranties of merchantability or fitness for particular purpose, and we hereby disclaim any and all such warranties. Luxury Jewelry Brands America, Inc. cannot warranty or guarantee that your use of this Site will be uninterrupted or error free, or that this Site or its server are or will be free of viruses or other harmful elements. No advice, results or information, whether oral or written, obtained by you from us or through this Site shall create any warranty not expressly made. You acknowledge that you are using this Site at your own risk and that you assume the responsibility for all costs associated with the servicing or repair of your equipment, or any damages to, or viruses that may infect, your equipment or other property, in connection with or that result from your use of this Site. We will not be responsible or liable for any damages in connection with your use of this Site or the inability to use or make purchases of any products on this Site. We make no warranty or representations regarding the use of the materials in this Site in terms of the correctness, accuracy, usefulness, or reliability.
In no event, including but not limited to acts of negligence, shall Luxury Jewelry Brands America, Inc. or any its related entities or vendors (together, the “Protected Entities”) be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim or liability of any kind or nature based on or resulting from your use or inability to use this Site, any Content provided on this Site or functions related thereto, your provision of information via the Site, or the loss of business, sales, profit or good will, even if the Protected Entities have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of warranties or liability for incidental or consequential damages so some of the above limitations may not apply to certain users.
If you are dissatisfied with the Site or any of the Content contained thereon, or with the terms and conditions of your use of the Site, your exclusive remedy is to discontinue using the Site. You shall not be entitled to any monetary compensation.
Without limiting the foregoing, Luxury Jewelry Brands America, Inc. and its affiliates, suppliers, licensors, shareholders, members, partners, directors, officers, employees and agents, make no warranties or representations regarding any products or services provided through this Site and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions (FAQs) documents, and otherwise on this Site or in correspondence with you.
Risk of Loss
All items purchased from this Site are delivered pursuant to a shipping contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier.
Purchasing Terms, Shipping and Pricing
Despite our best efforts, it may happen that a product or service is listed at an incorrect price due to a typographical error. We have the right to refuse or cancel any orders placed for product or services listed at an incorrect price. If an item’s price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you of such cancellation.
You agree that these Terms and this Agreement contains all of the parties’ understanding relating to the use of the Site and supersedes any prior agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties with respect to the invalid or unenforceable provision, with all other provisions remaining in full force and effect. The failure of either party to enforce any right or provision in these Terms or in this Agreement shall not constitute a waiver of such right or provision. This Agreement is effective unless and until terminated either by you or Luxury Jewelry Brands America, Inc. You may terminate this Agreement at any time by e-mailing firstname.lastname@example.org a notice of termination. Upon any termination by you, you must promptly destroy all materials you obtained from the Site, as well as copies of those materials. We may terminate this Agreement at any time without notice and deny you access to the site if, for example and without limitation, in our sole discretion we determine that you have failed to comply with this Agreement. These Terms and this Agreement are personal to you and you may not assign your rights or obligations to anyone. All rights not expressly granted to you hereunder are reserved by Luxury Jewelry Brands America, Inc.