These Terms and Conditions of use are applicable to the Jewel Bear Website available at www.jewelbear.com and all associated Jewel Bear websites, its subsidiaries and affiliates.
These Terms of Service apply to all users of the Website. By visiting this Website, you engage in our service and agree to be bound by the following Terms and Conditions. Please read these Terms of Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any Jewel Bear services.
These Terms and Conditions of use govern your use of the Jewel Bear Website (hereafter referred to as the ‘Website’) and constitute an agreement between you and Jewel Bear.
Please note, Jewel Bear reserves the right to change any of these Terms and Conditions of use or any policy of the Website at any time. Your continued use of the Website following the Terms and Conditions changes will constitute your acceptance of such changes or modifications. It is your responsibility to check these Terms and Conditions of use and any other applicable policies regularly before ordering Jewel Bear products. Only the most recent version of these terms and conditions will be considered valid. If you do not agree with the terms and conditions set out below, you should not continue to use or access these websites.
PRODUCT PRICING AND INFORMATION
We regret that no order will be accepted if we identify an error in the product description or their prices on our website. Jewel Bear reserves the right to change pricing at any time without prior notice, and to correct any and all errors when they occur. We do not honor inaccurate or erroneous prices. If you have any queries, please get in touch via our Contact page.
IMAGES AND CONTENT
Please note that some products may appear larger or smaller than their actual size in our photographs. Product color and size may also vary due to individual computer monitor settings.
The entire content of this Website, including, without limitation, the Jewel Bear logo, and all jewelry designs, logo, text, graphics, pictures, images, selection, coordination, ‘look and feel’, information, data, software, copy, content, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of Jewel Bear or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
All trademarks of Jewel Bear and its licensors may not be copied, imitated or used, in whole or in part, without the prior consent and written permission from Jewel Bear. The use of meta tags or any other “hidden text” utilizing “Jewel Bear” or any other name, trademark or product or service name of Jewel Bear is prohibited without our prior written permission. All other trademarks, registered trademarks, product names and Jewel Bear names or logos mentioned in our Website are the property of their respective owners.
USE OF WEBSITE
You are granted a personal, limited, non-sub-licensable license to access and use our Website and electronically copy, (except where prohibited without a license) and to print hard copy sections of our Website Materials for your personal and non-commercial use only.
This license is subject to these Terms and Conditions of use and does not include:
(a) any resale or commercial use of our Website or the Website Materials therein;
(b) the collection and use of any Jewel Bear product listings, pictures or descriptions for commercial purposes;
(c) the distribution, public performance or public display of any Website Materials;
(d) modifying or otherwise making any derivative uses of our Website and the Website Materials, or any section thereof;
(e) use of any automated means to access, monitor or engage with any portion of our Website, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods;
(f) downloading (other than the page caching) of any section of our Website, the Website Materials or any information contained therein, except as expressly permitted on our Website;
(g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Website;
(h) use our Website in any manner which interferes with the regular operation of our Website and business; or
(i) any use of our Website or the Website Materials other than for its intended purpose. Any use of our Website or the Website Materials other than as specifically authorized herein, without the prior written permission of Jewel Bear, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions of use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
Jewel Bear may provide links to other resources or websites and content of Third Parties (‘Third Party Content’) as an attempt to provide increased value to our customers. Users use these links and Third-Party Content contained therein at their own risk. Jewel Bear cannot be held responsible for material displayed on Third Party Content or any other written material. Jewel Bear does not endorse any Third-Party Content and can make no guarantee as to its accuracy or completeness. Jewel Bear undertakes no responsibility to update or review any Third-Party Content.
Should Jewel Bear run any promotions or special offers in conjunction with Third Parties on the Website, your business dealings or correspondence with, or participation in promotions of, advertisers other than Jewel Bear, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Third Party. Jewel Bear cannot be held 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-Jewel Bear advertisers on our Website.
By posting User Content to our Website, you grant Jewel Bear and its affiliates a nonexclusive, royalty-free, perpetual, 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 Jewel Bear and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree 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 Website;
(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.
You agree to defend, indemnify and hold harmless Jewel Bear, 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 Website or your use of or inability to use our Website, including without limitation any actual or threatened suit, demand or claim made against Jewel Bear 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 of use or your violation of the rights of any Third Party.
DISCLAIMER OF WARRANTY
This Website, the content contained herein, and the products and services offered are provided on an “as is” basis without warranties of any kind, either expressed or implied (unless otherwise stated). Jewel Bear disclaims all other warranties, express or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content and materials on our Website. Jewel Bear does not represent or warrant that products, materials or the services are accurate, complete, reliable, current or error-free. Jewel Bear does not represent or warrant that our Website and/or servers are free from viruses or other harmful components.
LIMITATION OF LIABILITY
Jewel Bear, its directors, members, employees or agents cannot be held responsible for any direct, indirect, special or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits, loss of data whether in an action of contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected to the use of our Website, the products and services including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Jewel Bear, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether resulting from an act of God or not, communications failure, theft, destruction or unauthorized access to Jewel Bear’s records, programs and/or services.