Terms and Conditions

Terms and Conditions

 

Terms & Conditions

 

These terms and conditions apply to the JEWELRY CLOUDS Web site located at jewelryclouds.com, and all associated Web sites linked to jewelryclouds.com by JEWELRY CLOUDS, its subsidiaries and affiliates, including JEWELRY CLOUDS 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 JEWELRY CLOUDS’s Site, and constitutes an agreement between you and JEWELRY CLOUDS located at jewelryclouds.com. JEWELRY CLOUDS 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.

 

Site Information
At jewelryclouds.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 smaller or larger than their actual size in our photographs; and since every computer monitor is set differently, color and size may vary slightly.

 

Content of this Site
All content of this site and other materials, including, without limitation, the logo jewelryclouds.com, and all designs, pictures, text, graphics, selection, coordination, 'feel and look', information, data, software, other files and the selection and arrangement there of (collectively, the "Site Materials") are the proprietary property of jewelryclouds.com or its licensors or users and are protected by trade dress, copyright.

 

Copyright and Trademark Information
Copyright © 2015-16 JEWELRY CLOUDS, (jewelryclouds.com) All rights reserved All materials on this Web Site (the 'Site'), and the Site itself, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by JEWELRY CLOUDS (jewelryclouds.com) or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Site, All rights are reserved, worldwide. The name and mark jewelryclouds.com, the JEWELRY CLOUDS logos and all other JEWELRY CLOUDS-related marks depicted in this Site, whether registered or unregistered, are trademarks or service marks of jewelryclouds.com in the United States and of jewelryclouds.com in other countries. The materials contained in this Site are displayed for informational and promotional purposes only. This Site is solely for private, personal, and non-commercial use. You may download or copy materials in this Site solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the materials in this Site, or any related software. Any other use of materials on this Site, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the “prior express written permission of JEWELRY CLOUDS (jewelryclouds.com), is strictly prohibited.

 

Promotions and Advertisements
JEWELRY CLOUDS (jewelryclouds.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 JEWELRY CLOUDS, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. JEWELRY CLOUDS 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-JEWELRY CLOUDS 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, JEWELRY CLOUDS (jewelryclouds.com), or our products or services that are provided by you to JEWELRY CLOUDS are non-confidential and shall become the sole property of JEWELRY CLOUDS. JEWELRY CLOUDS 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 JEWELRY CLOUDS and its affiliates and sub licensees 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.

 

User Content and Product Reviews
Our Site includes a product review feature, and includes or may include in the future discussion forums, user generated content, or other areas or services in which you or third parties create, post, or store any content, messages, materials or other items on our Site ('Interactive Areas'). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following: 1.User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law. 2.Any message, data, information, text, music, sound, photos, video, graphics, code or other material ('User Content') that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; 3. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; 4.User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content; 5.Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; 6. Unsolicited promotions, political campaigning, advertising or solicitations; 7.User Content that, in the sole judgment of JEWELRY CLOUDS (jewelryclouds.com), is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site, or which may expose JEWELRY CLOUDS or its users to any harm or liability of any type. 8. Viruses, corrupted data or other harmful, disruptive or destructive files;

 

Policy of Indemnification
You agree to defend, indemnify and hold harmless JEWELRY CLOUDS (jewelryclouds.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 JEWELRY CLOUDS 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. JEWELRY CLOUDS 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 JEWELRY CLOUDS 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, JEWELRY CLOUDS 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 JEWELRY CLOUDS has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, JEWELRY CLOUDS 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 JEWELRY CLOUDS’s systems and customers, or to ensure the integrity and operation of JEWELRY CLOUDS's business and systems, JEWELRY CLOUDS 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. JEWELRY CLOUDS's right to disclose any such information shall govern over any terms of JEWELRY CLOUDS's Privacy Policy. If you post User Content to our Site, unless we indicate otherwise, you grant JEWELRY CLOUDS and its affiliates a nonexclusive, royalty-free, perpetual, and irrevocable and fully sub licensable 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 JEWELRY CLOUDS and its affiliates and sub licensees 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.

 

Liability of Limitation
IN NO EVENT SHALL JEWELRY CLOUDS (jewelryclouds.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 JEWELRY CLOUDS, 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 JEWELRY CLOUDS'S RECORDS, PROGRAMS OR SERVICES.

 

Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY JEWELRY CLOUDS (jewelryclouds.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. JEWELRY CLOUDS 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. JEWELRY CLOUDS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. JEWELRY CLOUDS DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Terms and Conditions Termination
Notwithstanding any of these Terms and Conditions, JEWELRY CLOUDS (jewelryclouds.com) reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future your access to and use of the Site.

 

Notice and Modification
You agree that JEWELRY CLOUDS (jewelryclouds.com) may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

 

Terms of Sale - Products and Service
Terms and Conditions for ordering any of our services from Jewelry Clouds International (www.jewelryclouds.com): Because our CAD Design, 3D Model Printing, Silicone & Rubber Mold Making and Casting services are exclusive and highly customized for each client, all service orders are final and non-refundable. Please contact us if you unsure, we are happy to answer your questions.