Terms & Conditions
PLEASE READ THE FOLLOWING TERMS
OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and WeHeartJewelry, a company
duly organized and validly existing,
located at 7263 Moss Ridge Road, Parker,Texas 75002. This Agreement annuls and voids all previous agreements.
OVERVIEW
The Site (https://WeHeartJewelry.com) is operated by WeHeartJewelry. Throughout the Site, the terms "we", "us" and "our" refer to
WeHeartJewelry. WeHeartJewelry offers this Site, including all information, tools and services
available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.
By visiting
our Site and/or purchasing something
from us, you engage in our "Service" and agree to be bound by the following
terms and conditions, including those additional
terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event
of an inconsistency between this Agreement and any additional terms or policies
referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance
is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following
the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province
of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a malicious
and/or destructive nature.
A breach or violation
of any of the Terms will result in an immediate
termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate
your access to all or any part of our Site;
2.
Change, suspend or discontinue all or any part of our products or Site;
3.
Refuse, move, or remove any content that is available
on all or any part of our Site;
4.
Deactivate or delete your accounts;
5.
Establish general practices
and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include
communications such as service announcements and administrative or legal notices
from us. Please note that you cannot opt out of receiving these notices.
You understand that your content
(not including credit
card information), may be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes
to conform and adapt to technical
requirements of connecting
networks or devices.
Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express
written permission by us.
You may not modify, publish, transmit,
reverse engineer, participate in the transfer
or sale, create derivative works,
or in any way exploit
any of the content, in whole or in part, found on the Site. Content is not for resale.
Use of the Site does not entitle
users to make any unauthorized use of any protected
content, and in particular you will not delete or alter any proprietary rights
or attribution notices
in any content. You will use protected content solely for your personal
use, and will make no other use of the content without the express written
permission of WEHEARTJEWELRY and the copyright owner.
You agree that you do not acquire any ownership rights
in any protected content. We do not grant
you any licenses,
express or implied,
to the intellectual property of WeHeartJewelry or our licensors except as expressly
authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Site. The terms "member," "membership," and "account" all refer to this registration as a member on WeHeartJewelry 's Site. If you are merely surfing or browsing
through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide
a unique username
and email. We will also ask you to create a password. Because
any activities that occur under your username
or password are your responsibility it is important
for you to keep your username and/or password secure. You may not assign
or otherwise transfer
your account to any other
person or entity. You acknowledge that WeHeartJewelry
is not responsible for third party access
to your account that results
from theft or misappropriation of your account.
Notify us immediately if you believe
that someone has used your username,
email, or password
without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual,
correct, current and complete information with regards to yourself as may be requested
by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone
knowingly provides any information of a false, untrue, inaccurate or incomplete nature, WeHeartJewelry
will have sufficient grounds and rights to suspend
or terminate the member in violation of this aspect of the Agreement,
and as such refuse any and all current or future use of WeHeartJewelry Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand
and agree that all information, text, software, data, photographs, music,
video, messages, tags or any other content, whether it is publicly
or privately posted and/or transmitted, is the expressed
sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content
posted, uploaded, emailed,
transmitted or otherwise made available by way of the Services,
and as such, we do not guarantee
the accuracy, integrity or quality
of such content. It is expressly understood that by use of our Services, you may be exposed to content
including, but not limited to, any errors
or omissions in any content
posted, and/or any loss or damage of any kind incurred as a result
of the use of any content posted, emailed, transmitted or otherwise made available by WeHeartJewelry.
Furthermore, you herein agree not to make use of WeHeartJewelry's Services
for the purpose of:
a) uploading, posting,
emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive
of another's privacy
or which is hateful, and/or racially,
ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity,
including, but not limited to, any officials, forum leaders, guides
or hosts or falsely stating
or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions,
headings or titles or otherwise
offering any content that you personally have no right to pursuant to any law nor having
any contractual or fiduciary relationship with;
e) uploading, posting,
emailing, transmitting or otherwise offering
any such content
that may infringe
upon any patent,
copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting,
emailing, transmitting or otherwise offering
any content that you do not personally have any right to offer
pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting,
emailing, transmitting, or otherwise offering
any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting,
emailing, transmitting, or otherwise offering
any source that may contain a software virus or other computer code, any files and/or programs
which have been designed
to interfere, destroy
and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting
in any manner that would negatively
affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any WeHeartJewelry Services, servers and/or networks that may be connected
or related to our website,
including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion
headers;
k) intentionally or unintentionally violating
any local, state, federal, national
or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange,
that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising
the character, location, and or source to any organization delegated
by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating
to any other member or user in connection with the prohibited conduct and/or activities
which have been set forth in the aforementioned
paragraphs.
WeHeartJewelry herein
reserves the right to pre-screen, refuse and/or delete
any content currently available
through our Services.
In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors,
users and/or members.
WeHeartJewelry herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary
for:
a)
compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein
contained content is in violation
of the rights of any third party;
d) responding to requests for customer service;
or
e) protecting the rights, property
or the personal safety of
WeHeartJewelry, its visitors, users and members,
including the general public.
WeHeartJewelry herein
reserves the right to include
the use of security components that may permit digital
information or material
to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by WeHeartJewelry or any other content
providers supplying content services to WeHeartJewelry. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage
rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied
by our Services, despite whether
done so in whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global
nature of the internet, through
the use of our network
you hereby agree to comply with all local rules relating
to online conduct
and that which is considered acceptable content. Uploading, posting
and/or transferring of software, technology and other technical
data may be subject to the export
and import laws of the United States
and possibly other
countries. Through the use of our network,
you thus agree
to comply with all applicable export and import laws, statutes and regulations, including,
but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a)
are not on the list of prohibited individuals which may be identified on any government
export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer
any software, technology or any other technical data through the use of our network Services
to any export-prohibited country;
c) agree not to use our website network Services
for any military, nuclear,
missile, chemical or biological weaponry
end uses that would be a violation
of the U.S. export laws; and
d) agree not to post,
transfer nor upload
any software, technology or any other technical data which would be in violation
of the U.S. or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
WeHeartJewelry shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content
available for inclusion
on our website Services. Therefore, you hereby grant and allow for WeHeartJewelry the below listed worldwide, royalty- free and non-exclusive licenses, as applicable:
a) The content
submitted or made available for inclusion on the publicly
accessible areas of WeHeartJewelry's Sites, the license
provided to permit
to use, distribute, reproduce, modify, adapt,
publicly perform and/or
publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available
for viewing. This license shall be available
so long as you are a member
of WeHeartJewelry's sites,
and shall terminate
at such time when you elect to discontinue your membership.
b) Photos, audio,
video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of WeHeartJewelry's sites, the license
provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or
publicly display said Content on our network Services
are for the sole purpose
of providing and promoting the specific area in which this content was placed and/or made available
for viewing. This license shall be available so long as you are a member of WeHeartJewelry's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content
submitted or made available for inclusion on the publicly accessible areas of WeHeartJewelry's sites,
the continuous, binding
and completely sub- licensable license which
is meant to permit to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and/or publicly display said content,
whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed
"publicly accessible" areas of WeHeartJewelry's Sites are those such areas of our network properties which are meant to be available to the general public, and which would include
message boards and groups that are openly available to both users and
members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
WeHeartJewelry may provide an area for our users and members
to contribute feedback
to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b ) shall
not
be
liable
or
under
any
obligation
to
ensure
or
maintain
confidentiality, expressed
or implied, related to any Contributions;
c ) shall
be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
d)
the contributor's Contributions shall automatically become the sole property of; and
e) is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members
agree to insure
and hold WeHeartJewelry, our subsidiaries, affiliates, agents, employees, officers,
partners and/or licensors
blameless and not liable for any claim
or demand, which may include,
but is not limited to, reasonable attorney
fees made by any third party which may arise from any content
a member or user of our Site may submit,
post, modify, transmit or otherwise make available through
our Services, the use of Services or your connection with these Services, your violations
of the Terms of Service and/or
your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member
or user herein
agrees not to replicate, duplicate, copy, trade,
sell, resell nor exploit for any commercial reason any part, use of, or access to WeHeartJewelry's sites.
SECTION 8 - MODIFICATIONS
WeHeartJewelry
reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party
for any such alteration, modification, suspension and/or discontinuance of our Services,
or any part thereof.
SECTION 9 - TERMINATION
As a member
of WeHeartJewelry, you may cancel
or terminate your account, associated email
address and/or access to our Services
by submitting a cancellation or termination request to belizondo@WeHeartJewelry.com
As a member,
you agree that WeHeartJewelry may, without
any prior written
notice, immediately suspend, terminate, discontinue and/or limit your account,
any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation
of access shall include, but is not limited to:
a) any breach or violation
of our Terms or any other incorporated agreement, regulation and/or guideline;
b) by way of requests
from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material
modification to our Services, or any part thereof;
d) unexpected technical
or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement
by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your WeHeartJewelry account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards
to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with WeHeartJewelry shall include any and/or all of the following:
a)
the removal of any access to all or part of the Services offered within WeHeartJewelry;
b) the deletion
of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof;
and
c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either WeHeartJewelry or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse
nor are we responsible or liable for any content, products,
advertising or any other materials, on or available
from such third-party sites or resources. Furthermore, you acknowledge and agree that WeHeartJewelry shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance
on any such content, goods or Services made available
on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree
that WeHeartJewelry's
Services
and
any
essential software that may be used in connection with our Services
("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained
in any advertisements or information presented
by
and
through
our
Services
or
by
advertisers
is protected by
copyrights, trademarks, patents
or other
proprietary rights and laws. Therefore, except for that which is expressly permitted
by applicable law or as authorized by WeHeartJewelry or such
applicable licensor,
you agree not
to alter, modify,
lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform
and/or created any plagiaristic works which are based on WeHeartJewelry Services (e.g. Content or Software), in whole or part.
WeHeartJewelry hereby grants you a personal,
non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize
work from, reverse engineer, reverse
assemble or otherwise
make an attempt to locate or discern any source code,
sell, assign, sublicense, grant a security
interest in and/or
otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such,
not to use any modified
versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through
any means other than through the interface which is provided
by WeHeartJewelry for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY
ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF WEHEARTJEWELRY SERVICES
AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE
SHALL BE PROVIDED
ON AN "AS
IS" AND/OR "AS
AVAILABLE" BASIS. WEHEARTJEWELRY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY
DISCLAIM
ANY
AND
ALL
WARRANTIES OF ANY
KIND
WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT
NOT
LIMITED
TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) WEHEARTJEWELRY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND
LICENSORS MAKE NO
SUCH WARRANTIES THAT
(i) WEHEARTJEWELRY SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) WEHEARTJEWELRY SERVICES
OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE
WEHEARTJEWELRY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES
OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED
IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL
DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF WEHEARTJEWELRY SERVICES
OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR
INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED
BY YOU FROM WEHEARTJEWELRY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS
MAY EXPERIENCE SOME DEGREE
OF EPILEPTIC
SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS
THAT MAY BE CONTAINED
ON A COMPUTER SCREEN OR WHILE USING OUR
SERVICES.
CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR
ANYONE IN YOUR FAMILY HAVE
AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
OUR
SERVICES:
DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
WEHEARTJEWELRY AND OUR
SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO
YOU
FOR
ANY
PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH
MAY BE RELATED
TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED
OF SUCH POSSIBILITY THAT SAID DAMAGES
MAY OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING
SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release WeHeartJewelry (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners
and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected
to such dispute.
SECTION 15 - NOTICE
WeHeartJewelry may furnish you with notices,
including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging,
postings on our website
Services, or other
reasonable means currently
known or any which may be herein after developed.
Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes
your agreement that you are deemed to have received
any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY
RIGHTS
You herein acknowledge, understand and agree that all of the WeHeartJewelry trademarks, copyright, trade
name, service marks,
and other WeHeartJewelry logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of WeHeartJewelry. You herein agree not to display
and/or use in any manner the WeHeartJewelry logo or marks without
obtaining WeHeartJewelry's prior written consent.
WeHeartJewelry will always respect
the intellectual property
of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, WeHeartJewelry may disable and/or
terminate the accounts
of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe
your intellectual property
rights have been otherwise
violated, you should provide to us the following information:
a) The electronic or the physical
signature of the individual that is authorized
on behalf of the owner of the copyright
or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property
that you believe has been infringed
upon;
c) A description of the location
of the site which you allege has been infringing
upon your work;
d) Your physical address, telephone
number, and email address;
e) A statement,
in which you state that the alleged
and disputed use of your work is not authorized by the copyright
owner, its agents or the law;
f) And finally,
a statement, made under penalty
of perjury, that the aforementioned information in your notice is truthful and accurate,
and that you are the copyright or intellectual property owner, representative or agent authorized
to act on the copyright
or intellectual property owner's behalf.
T h e WeHeartJewelry agent for notice
of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address: WeHeartJewelry
Attn: Copyright
Agent 7263 Moss Ridge Road Parker, Texas 75002
Telephone: (469) 2352622
Email: belizondo@WeHeartJewelry.com
SECTION 17 - ENTIRE AGREEMENT
This Agreement
constitutes the entire agreement between you and WeHeartJewelry and shall govern the use of our Services, superseding any prior version
of this Agreement
between you and us with respect
to WeHeartJewelry Services.
You may also be subject to additional terms and conditions that may apply when you use or purchase certain other WeHeartJewelry Services,
affiliate Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement
of both you and
WeHeartJewelry with regard
to the Agreement that the relationship between the parties
shall be governed
by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising
out of or relating to the
Agreement, or the relationship between you and WeHeartJewelry,
shall be filed within the courts having
jurisdiction within the County of
Collin, Texas or the U.S. District Court located in said state. You and WeHeartJewelry agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise
of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should WeHeartJewelry fail to exercise
or enforce any right or provision of the Agreement, such failure shall not constitute
a waiver of such right or provision. If any provision
of this Agreement
is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the Agreement
remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NON- TRANSFERABILITY
You acknowledge, understand and agree that your account
is non-transferable and any rights
to your ID and/or contents
within your account
shall terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand
and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services
or the Agreement must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement
to WeHeartJewelry as follows: Mailing Address:
WeHeartJewelry
Telephone: (469) 235 2622
Email: belizondo@WeHeartJewelry.com
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate
with governmental requests,
subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business
and systems, we may access and disclose any information we consider necessary
or appropriate, including
and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF
SITE
The Site is controlled, operated and administered by from our offices
within the USA. If you access the Site from a location outside
the USA, you are responsible for compliance with all local laws. You agree that you will not use WEHEARTJEWELRY's content accessed through the Site in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
SECTION 25 - 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,
product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change
or update information or cancel orders
if any information
on the Site or on any related
Site is inaccurate at any time without
prior notice (including after you have submitted your order).
We undertake
no obligation to update, amend or clarify
information on the Site or on any related Site, including without limitation, pricing
information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related
Site has been modified or updated.
SECTION 26 - PRIVACY POLICY
Every member's
registration data and various other personal information are strictly protected by the WeHeartJewelry Online Privacy Policy (see the full Privacy Policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by WeHeartJewelry.