Terms & Conditions
Terms & Conditions
“12 Gems Jewelry” and other marks indicated on our website as trademarks are trademarks of the company and/or our affiliates. All rights in such names are hereby reserved by the company and/or our affiliates, as applicable. The company (including our affiliates, if applicable) is the sole owner of all product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all products shown on the website or produced by the company. Whether or not any such item is clearly marked as a trademarked item, the intellectual property associated with all of the foregoing belongs exclusively to the company or the respective owners of such intellectual property, and you shall have no right to reproduce, copy, dilute or otherwise use such property or confusingly similar property except in strict compliance with national and international trademark and copyright laws. Your use or misuse of this intellectual property, except as permitted herein, is expressly prohibited.
All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the website are owned by the company or its third-party licencors or affiliates to the full extent provided under the United States Copyright Act and all International Copyright Laws. Under applicable Copyright Laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the website for any purpose.
Prohibited Content and Activity Policy
For your own safety and security, you are not permitted to post your last name, telephone number, street address or similar personal identifying information on publicly accessible areas of the website. In addition, our policy forbids the posting of any content and the conduct of any activity that, in our sole and absolute discretion, is illegal, commercial, sexually explicit, racist, violent, hateful, offensive, or promotes activity that is in any way illegal, violent or offensive. The company reserves the right to investigate, remove any content posted in violation of our policies, and take appropriate legal action against anyone who, in our sole discretion, violates our policies. Such legal action may include, among other things, reporting a violator to the legal authorities. By way of illustration (but not by way of limitation) the following are some specific examples of activity that is illegal or prohibited on the website: criminal activity, including pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, attempting to impersonate another user, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any other user to buy or sell any products or services. The company reserves the right, in our sole and absolute discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict or terminate your access to all or any part of the website at any time, for any or no reason, with or without prior notice, and without liability. In addition, the company reserves the right to take appropriate legal action in the event that you engage in any illegal or unauthorized use of the website or website, and the company specifically reserves all remedies available to us under law and in equity. The company assumes no liability or responsibility whatsoever for content posted by its users. If you suspect any violation of the company’s policies, or any misuse of the website, please contact the company immediately. Our contact information can be found in “Contact” below.
You may not post, modify, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. In accordance with the Digital Millennium Copyright Act and other applicable law, the company has a policy of terminating the privileges and right to use the website of any user who the company believes, in its sole and absolute discretion, is repeatedly infringing the intellectual property rights of others. In addition, the company’s policy is to terminate the privileges and rights to use the website of any user who has infringed the intellectual property rights of another, whether repeatedly or in a single instance, upon receipt of proper notification to the company by the copyright owner or the copyright owner’s legal agent. The company is not obligated to monitor postings to determine copyright ownership, but we may so monitor if we choose at any time and from time to time. Notices of claims of copyright infringement should be sent to us at the address set forth in “Contact” below.
You are solely responsible for your interactions, including disputes, with other users of the website, whether through the company’s blog or otherwise.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers and availability. The company may at any time and from time to time without prior notification to users correct inaccuracies, errors and omissions on the website, and may modify prices quoted and merchandise offered on the website. While we have attempted to display all merchandise as accurately as possible, we have no way of ensuring that the colors shown on your computer monitor will accurately reflect the color of a particular item.
Links to Other Websites and Services
The company is not responsible for any incorrect or inaccurate content posted on the website, whether caused by users of the website or by any of the equipment or programming associated with or utilized in the website. The company takes no responsibility for third party advertisements which are posted on this website by the company or by users of the website, nor does it take any responsibility for the goods or services provided by its advertisers. The company is not responsible for the conduct, whether online or offline, of any user of the website. The company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications among users of the website. The company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website. Under no circumstances shall the company be responsible for any loss or damage, including personal injury or death, resulting from use of the website or website from any content posted on the website, or from the conduct of any users of the website, whether online or offline. The website is provided “as-is” and as available and the company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of the website.
Limitation on Liability
In no event will the company, or owner, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you for use of or membership in the website, but in no case will the company’s liability exceed $100. You agree and acknowledge that if you have paid no fees to the company for use of the website, your rights shall be limited to injunctive relief only, and you shall not be entitled to any damages, unless applicable law specifically affords you additional rights notwithstanding your explicit waiver of all other remedies. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights.
If there is any dispute about or involving the website or the company, you agree that the dispute shall be governed by the laws of the state of North Carolina, United States of America, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Carolina, City of Raleigh. Notwithstanding and in addition to the foregoing, the company may seek injunctive relief and other equitable remedies against you in any court of competent jurisdiction.
Right To Use Our Website
The company grants you a limited, revocable and nonexclusive license to access and utilize the features of 12gemsjewelry.com. This license does not include (a) A right to download (other than page caching) or modify any part of the website in any way or (b) A right to sell or make use of the website or any of its contents for any commercial purpose, (c) A right to gather or download content for the benefit of any other retailer or third party other than the company. You are expressly prohibited from the use of data mining, robots, spiders or similar data gathering and extraction tools. In addition, the company is granting you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website, provided that the hyperlink is not used in a way that is misleading or in any way portrays the company in a way that could be damaging to the reputation of the company, its owners, or its products. You may not use any company logo or other proprietary graphic or trademark as part of the link unless the company gives you express prior written consent in each instance. You may not duplicate, copy, reproduce, sell or otherwise exploit any part of this website for any commercial purpose or any other purpose not intended by the company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the company and/or the company’s affiliates. You may not use meta tags or any other hidden text using our trademarks or the trademarks of our affiliates unless we give you our express written consent to do so in each instance. Your license to use this website shall be deemed terminated immediately if you violate any terms of this agreement.
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