BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH HEREIN, YOU MAY NOT, AND SHOULD NOT, USE ANY PORTION OF THE SITE. PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Jewelbits RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
1. Use of the Site
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use of the Site requires the prior written consent of Jewelbits. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Jewelbits. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Site.
All Jewelbits Customers and Subscribers Members agree not to use the Site for any of the following purposes: Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity; Posting any information which is untrue, inaccurate or not your own; Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; Attempting to interfere in any way with the Site’s or Jewelbits’s network security; or attempting to use the Site’s service to gain unauthorized access to any other computer system.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
2. Registration and Passwords
3. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies.
5. The Subscription Contracts/Agreements Between You And Jewelbits
By purchasing a Monthly (“month to month”) subscription, you acknowledge that your subscription has a monthly recurring payment feature and you accept responsibility for all recurring charges prior to Cancellation. This means that your subscription will be automatically extended for successive monthly periods at the then-current subscription rate.
CANCELLATION POLICY: Monthly subscribers can cancel their subscription at any time, and will only be billed for the current month’s order. There are no cancellation fees or penalties. To cancel your subscription, simply log into your Jewelbits account and select the designated option to submit your cancellation. Your cancellation request must be received before 12 AM Eastern Standard Time SEVEN (“7”) DAYS PRIOR to the next re-billing date, otherwise you will continue to be billed for the next planned delivery. If you do cancel, you will not receive any additional deliveries from Jewelbits after the current subscription period.
If an error occurs, whereby you do receive a delivery after your cancellation submission which has not been paid for, regardless of where the error initiated, you agree to (1) notify Jewelbits of the error, at which time Jewelbits will advise you how to return the contents of the delivery to Jewelbits; or (2) keep the delivery contents abd pay the then current cost of the monthly box.
Jewelbits may submit periodic charges (e.g. monthly) to your credit card company without further authorization from you, until you provide prior notice in accordance with the Cancellation policy that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Jewelbits reasonably could act.
“Multiple month” subscriptions (3, 6 months and any term yet to be made available) are not eligible for cancellation during the initial subscription term. Additionally, your subscription will not be renewed for the “multiple month” subscription at the completion of the initial term. INSTEAD, AFTER THE MULTIPLE MONTH SUBSCRIPTION ENDS, YOU WILL AUTOMATICALLY BE ENROLLED IN OUR MONTHLY (“MONTH TO MONTH”) SUBSCRIPTION UNLESS INDICATED OTHERWISE, OR CANCELLED BY YOU IN ACCORDANCE WITH THE CANCELLATION POLICY STATED HEREIN. You can opt out of the subsequent Monthly (“month to month”) recurring subscription during your initial checkout process, or by logging into your account at any time during your Multiple month subscription term. If you cancel your subscription prior to the conclusion of the initial Multiple Month subscription term, you will not be eligible for a refund of any kind, pro rata or otherwise.
Unless you notify us otherwise, subscription fees and all other fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the applicable service. If you do not notify us of changes to your billing details, Jewelbits will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval. If any subscription fees or other charges billed to your credit card are not processed for any reason, Jewelbits shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. In addition to being responsible for the unpaid subscription fees, you agree to pay all costs (including legal and/or other collection fees) incurred by Jewelbits in collecting any unpaid subscription fees or other charges from you.
6. Product Information; Limitation on Quantities
Excluding any content which may be submitted by subscribers from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Subscribers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available, unless otherwise indicated.
7. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Jewelbits or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Jewelbits and the Jewelbits logo are registered trademarks. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2012 Jewelbits, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Jewelbits.
8. Submitted Content
By submitting or posting any materials or content on the Site, you grant Jewelbits a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Jewelbits the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Jewelbits will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. Jewelbits also reserves the right to edit or remove any material submitted to this website, or stored on it’s servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. Jewelbits makes no representations or warranties in relation to this website or the information and materials provided on this website. Jewelbits does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to matter you should consult an appropriate professional.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Jewelbits DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Jewelbits makes no warranties of any kind regarding any non-Jewelbits sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Jewelbits makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Jewelbits sites. Jewelbits does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
11. Limitation of Liability
IN NO EVENT SHALL Jewelbits, ITS PARENT COMPANY, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Jewelbits HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Jewelbits, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Jewelbits IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
12. International Use
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
14. Copyright Infringement; Notice and Take Down Procedures
Jewelbits specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Jewelbits will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)): Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
16. Waiver; Remedies
The failure of Jewelbits to partially or fully exercise any rights or the waiver of Jewelbits of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Jewelbits or be deemed a waiver by Jewelbits of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Jewelbits under these Terms and any other applicable agreement between you and Jewelbits shall be cumulative, and the exercise of any such right or remedy shall not limit Jewelbits’s right to exercise any other right or remedy.
17. Governing Law
The laws of the State of New York shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE CIVIL AND/OR SUPREME COURT LOCATED IN NASSAU COUNTY, NEW YORK, FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.