Terms & Conditions
TERMS OF SERVICE
Thank you for visiting the concavegems.biz website. By using this Site, you accept and agree to be legally bound by and comply with the terms and conditions set forth below (collectively this Policy) and all applicable laws.
If you do not agree to any provision of this Policy, please do not access this Site. We may change, update or revise any provision of this Policy at any time without notice. Please check this Policy regularly for changes. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
PROPRIETARY RIGHTS
All content, information, data, text, illustrations, photographs, images, products, artwork, designs, video, audio, logos and trademarks provided on this Site (collectively the Content) are owned by Gems by Design, Inc., and/or its affiliates and subsidiaries (collectively Gems by Design, Inc.) and are protected by worldwide copyrights, trademarks, patents, trade secrets, or other proprietary rights. The Content on this Site, and the Site as a whole, are intended solely for personal non-commercial use by users of this Site. You may print or download certain Content for your personal, non-commercial use ONLY, provided that you keep intact all copyright, trademark and other proprietary rights notices contained in or accompanying such Content. You may not copy, reproduce, sell, distribute, transmit, publicly display, publish, modify, edit or otherwise exploit any Content for any purposes, by any means, except as expressly authorized by Gems by Design, Inc. Use of any Content for any purpose not expressly permitted in this Policy is prohibited.
GEMS BY DESIGN, INC. TRADEMARKS
All names, marks, brands, logos, designs, trade dress and other designations that are used in connection with this Site, including, without limitation, are owned by Gems by Design, Inc. You may not remove or alter the Gems by Design, Inc. Trademarks. You may not use the Gems by Design, Inc. Trademarks without the prior, written authorization of Gems by Design, Inc., except to identify the products or services of the company and only if your reference is truthful and not misleading. The products, logos, designs, advertisements and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by Gems by Design, Inc. or other third parties. No license is granted with respect to these intellectual property rights.
THIRD PARTY SITES
This Site may provide links to third party sites for your convenience only. Gems by Design, Inc. does not warrant or guarantee the availability, completeness, accuracy, or reliability of any privacy policy, information or material contained in such third party sites and Gems by Design, Inc. shall not be liable for any damages or injury arising from your use of or content in such third party sites. Your access and use of such third party sites is solely at your own risk. Links to third party sites does not constitute an endorsement by Gems by Design, Inc. of such sites or any information or products/services contained in such sites. Gems by Design, Inc. recommends that you check the specific privacy policy of any site before providing any personal information.
POSTINGS OR SUBMISSIONS BY USERS
Any material submitted by you to Gems by Design, Inc. by electronic mail, including creative ideas, suggestions, designs, artwork, comments, feedback, photographs and other communications (collectively Material) will be deemed non-confidential. By posting or submitting Material, you grant to Gems by Design, Inc. and its subsidiaries, affiliates and licensees the right to copy, reproduce, display, publish, distribute, promote and otherwise use such Material worldwide in any media, by any means and for any purpose, including but not limited to developing, manufacturing and marketing of goods or services. The disclosure or offer of any Material by you shall constitute an assignment to Gems by Design, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual properties therein. Gems by Design, Inc. is under no obligation to pay you any compensation for any Material or to respond to any Material. All Material shall be and remain the property of Gems by Design, Inc.
You agree that you are solely responsible for any Material posted or submitted by you. You represent and warrant that you own or otherwise control all of the rights to Material submitted by you and that no use of such Material by Gems by Design, Inc. will infringe or violate any rights of any third party. You agree to defend, indemnify and hold Gems by Design, Inc. and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the Affiliates) harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys fees and legal costs) arising from or in connection with any Material posted or submitted by you. Gems by Design, Inc. reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by you.
By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, you hereby agree that Gems by Design, Inc. may use information about you for marketing, product development and promotional purposes. You agree that Gems by Design, Inc. may use information about you and your use of this Site in any manner that does not reveal your identity and/or consistent with the terms of Gems by Design’s Privacy Policy. Further, you agree that Gems by Design, Inc. may send you electronic mail for the purpose of advising you of updates to this Site, providing you with information on Gems by Design, Inc. products or for such other purpose as Gems by Design, Inc. deems appropriate.
Gems by Design, Inc. Products
The Gems by Design, Inc. products displayed on this Site may be available at select Gems by Design, Inc. Authorized Retail Stores and specialty stores in the United States of America and select foreign markets. However, Gems by Design, Inc. cannot guarantee that the products appearing on this Site will be available at every authorized Gems by Design, Inc. retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by Gems by Design, Inc. at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered herein.
Disclaimer of Warranties
THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GEMS BY DESIGN, INC. DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND GEMS BY DESIGN, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. YOUR USE OF THIS SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL GEMS BY DESIGN, INC. OR ANY OF ITS AFFILIATES BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT CONCAVEGEMS.BIZ OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
Indemnification of CONCAVEGEMS.biz
You agree to defend, indemnify and hold Gems By Design, Inc. and its Affiliates harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising from or in connection with your use or misuse of this Site and the Content or your violation of any provision of this Policy.
International Use
Gems by Design, Inc. makes no representation or warranty that this Site and its Content are appropriate or available for use in locations outside the United States. Accessing this Site or the Content from territories in which this Site or the Content is illegal is prohibited. You agree that if you choose to access this Site or Content from any locations outside the United States, you do so with your own initiative and are solely responsible for compliance with local laws.
Miscellaneous
If there is a dispute about this Policy or your use of this Site, the laws of the State of Ohio, United States of America, shall apply, without regard to any conflict of law provisions, and it shall be resolved exclusively by the state and federal courts sitting in Portage County, in the State of Ohio, United States of America.
For questions about this Policy, please contact us.