Terms of Use
DAZZLED JEWLZ
TERMS OF USE
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Dazzled Jewlz Website (the “Site”). By using the Site, you (the “User”) agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have elected to purchase merchandise from the Site). The term "User" refers to a Visitor or a Member. You are only authorized to use the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Site immediately. If you wish to become a Member, communicate with other Members and make use of the Site, you must read this Agreement and indicate your acceptance during the Registration process.
The contents of the Site, such as text, graphics, images, information obtained from Dazzled Jewlz's licensors, and other material contained on the Site ("Dazzled Jewlz Content") are for informational purposes only. Dazzled Jewlz Content is intended to be a substitute to actual merchandise, which Users are able to browse upon before purchasing.
CHILDREN'S PRIVACY
We are committed to protecting the privacy of children. You should be aware that this Site is intended and designed to attract people of all ages. There is no explicit information made available on the site, which could be harmful to children.
USE OF CONTENT
Dazzled Jewlz authorizes you to view or download a single copy of the material on the Dazzled Jewlz Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2009, Dazzled Jewlz. All rights reserved" and other copyright and proprietary rights notices that are contained in the Dazzled Jewlz Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Dazzled Jewlz Content is protected by copyright under both United States and foreign laws. Title to the Dazzled Jewlz Content remains with Dazzled Jewlz or its licensors. Any use of the Dazzled Jewlz Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Dazzled Jewlz Content and features are subject to change or termination without notice in the editorial discretion of Dazzled Jewlz. All rights not expressly granted herein are reserved to Dazzled Jewlz and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Dazzled Jewlz Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Dazzled Jewlz Content.
Dazzled Jewlz may modify this Agreement from time to time and such modification shall be effective upon posting by Dazzled Jewlz on the Site. You agree to be bound to any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
1. Eligibility. Use of and Membership in the Site is void where prohibited. By using the Site, you represent and warrant that (a) your use of the Dazzled Jewlz Site does not violate any applicable law or regulation. In order to receive certain services from Dazzled Jewlz, you may need to provide us with certain personal information including, but not limited to, your name, address, or credit card. The personal information you submit to Dazzled Jewlz is governed by the Dazzled Jewlz Privacy Policy. To the extent there is an inconsistency between this Agreement and the Dazzled Jewlz Privacy Policy, these Terms and Conditions shall govern.
2. Term. This Agreement shall remain in full force and effect while you use the Site or are a Member. Dazzled Jewlz may terminate your Membership at any time, without warning, if you violate or threaten to violate any terms of this Agreement. Even after Membership is terminated, this Agreement will remain in effect.
3. Non-commercial Use by Members. The Site is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Dazzled Jewlz. Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.
4. Proprietary Rights in Content on the Dazzled Jewlz Site. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Dazzled Jewlz Content appearing on or through the Site.
ELECTRONIC COMMUNICATIONS
When you visit Dazzled Jewlz or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
YOUR ACCOUNT
Merchandise fees are refundable within 30 days notice. You may not cancel your order at any time. You are responsible for providing a valid PayPal email address account at the time you register for a purchase. You represent and warrant that you are an authorized user of such email address account, and you agree to pay all charges resulting from your order at the prices then in effect, including any unauthorized charges incurred prior to your notifying us of such charges. All charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Dazzled Jewlz reserves the right to modify or terminate order plans, change prices, or institute new charges for any services at any time with at least thirty (30) days' notice.
LIABILITY OF DAZZLED JEWLZ AND ITS LICENSORS
The use of the Dazzled Jewlz Site and the Content is at your own risk.
The merchandise provided by the Dazzled Jewlz may involve certain risks to participants. Click here to read our Liability Release Agreement. You hereby agree to all terms, conditions and notices contained in that agreement.
If you think you may have a medical emergency, call your doctor or 911 immediately. Dazzled Jewlz does not take any responsibility for any allergic reactions to any merchandise listed on the Site. Reliance on any information provided by Dazzled Jewlz, Dazzled Jewlz employees, others appearing on the Site at the invitation of Dazzled Jewlz, or other visitors to the Site is solely at your own risk.
When using the Dazzled Jewlz Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Dazzled Jewlz and its suppliers. Accordingly, Dazzled Jewlz assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Dazzled Jewlz Site.
The Dazzled Jewlz Site, its services, and the content are provided on an "as is" basis. DAZZLED JEWLZ, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Dazzled Jewlz, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the Dazzled Jewlz Content, software, text, graphics, links, or communications provided on or through the use of the Site or Dazzled Jewlz.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall Dazzled Jewlz, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Dazzled Jewlz Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Dazzled Jewlz, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. Dazzled Jewlz, its licensors, its suppliers, or any third parties mentioned on the Dazzled Jewlz Site shall be liable only to the extent of actual damages incurred by you, not to exceed US$500. Dazzled Jewlz, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Dazzled Jewlz Content, or Dazzled Jewlz services. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES
Dazzled Jewlz may provide links to third-party web sites. Dazzled Jewlz also may select certain sites as priority responses to search terms you enter and Dazzled Jewlz may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Dazzled Jewlz does not recommend and does not endorse the content on any third-party websites. Dazzled Jewlz is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Dazzled Jewlz does not endorse any product advertised on the Site.
INDEMNITY
You agree to defend, indemnify, and hold Dazzled Jewlz, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
GENERAL
Dazzled Jewlz is based in Peabody, Massachusetts, in the United States of America. Dazzled Jewlz makes no claims that Dazzled Jewlz and the Dazzled Jewlz Content are appropriate or may be downloaded outside of the United States. Access to the Dazzled Jewlz Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION
If there is any dispute about or involving the Dazzled Jewlz Site, you agree that the dispute shall be governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Massachusetts, City of Boston. Either Dazzled Jewlz or you may demand that any dispute between Dazzled Jewlz and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Boston, Massachusetts, USA, provided that the foregoing shall not prevent DazzledJewlzSetdefault.com from seeking injunctive relief in a court of competent jurisdiction.
These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support. Please contact us at: info@dazzledjewlz.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.