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The information and services (hereinafter referred to as "Services") available and published on www.jessicajory.com, (hereinafter referred to as the "Site") operated and owned by Jessica Jory Jewelry. (hereinafter referred to as "Jessica Jory Jewelry") shall be in compliance with the terms and conditions set forth herein (the "Terms of Use").
Use of this site constitutes acceptance of and agreement to be bound by the Terms of Use.
1. Revisions and Scope of the Terms of Use
(1.) The Terms of Use apply to Jessica Jory Jewelry and users of this Site and its Services.
(2.) Each User of this Site acknowledges Jessica Jory Jewelry's right to revise or update in its entirety or partially the Terms of Use without any prior notice.
(3.) Once Jessica Jory Jewelry revises or updates in its entirety or partially the Terms of Use, the revised or updated provisions will be applied in connection with this Site and shall constitute the terms and conditions of providing Services through this Site.
2. Users
The term "Users of this Site" means any and all individuals or entities that use(s) this Site and its Services. Any use of this Site and its Services will constitute an acceptance of and agreement to comply with the Terms of Use. Users hereby represent that (i) they have read, understand, and agree to be bound by this agreement and any future amendments and additions to this agreement as published from time to time at this link or through the services,(ii) they are 16 or older, (iii) they have the authority to enter into the agreement personally; and (iv) they will comply with all applicable laws, including those of the country, state, and city in which they are present while using the Services.
3. Use of Services
Any User of this Site and its Services shall be in compliance with the Terms of Use when using this Site and its Services, specifically, users will adhere to the acceptable use policy included in Section 5 of this agreement.
4. Use of Personal Information
The personal information collected or known by Jessica Jory Jewelry belonging to Users of this Site will be treated in accordance with the Privacy Policy.
5. Prohibited Use
Users of this Site are prohibited from performing the following actions:
(1.) To provide his/her or third party's false information during the use of this Site;
(2.) To act in such a way as may impede or interfere with the Services to be provided by this Site;
(3.) To act in such a way as may infringe upon intellectual property rights such as trademark rights, copyrights, design rights, patents, and/or portrait rights, privacy rights, publicity rights, or other rights or interests of Jessica Jory Jewelry, any User of this Site, and/or any third party;
(4.) To act in such a way that is or may potentially be damaging, detrimental, or of annoyance to Jessica Jory Jewelry, Users of this Site, and any third party;
(5.) To act in such a way as may be a violation of public policy, the Terms of Use, or laws or governmental regulations of any applicable jurisdiction;
(6.) To act in such a way as may be harmful to the reputation of Jessica Jory Jewelry or an impediment to the Services of this Site;
(7.) To eradicate or alter information belonging to Jessica Jory Jewelry, Users of this Site, and/or any third party;
(8.) To transmit, provide, or recommend viewing programs containing computer viruses or other detrimental programs or software; or
(9.) Any other actions that Jessica Jory Jewelry reasonably regard as unacceptable.
6. Copyright
(1.) Any and all materials, including, but not limited to, images, text, logos, drawings, voice data, video data, and programs (hereinafter referred to as "Contents") posted on this Site are protected by copyrights, trademark rights, and/or other intellectual property rights belonging to Jessica Jory Jewelry, or a third party by whom Jessica Jory Jewelry has been granted licenses to use.
(2.) It is forbidden to duplicate, alter, divert, distribute, present, develop, or link the Site or its Contents without prior permission from Jessica Jory Jewelry.
(3.) If it is discovered that the Contents belonging to Jessica Jory Jewelry have been duplicated or diverted without a prior written consent by Jessica Jory Jewelry, or that any action in breach of United States or other country's copyright law has been committed, Jessica Jory Jewelry may take legal action seeking legal protection.
(4.) If any conflict or problem with others arises from an action in breach of the Terms of Use, the User of this Site shall resolve the issue at his/her costs and responsibility, without causing any damages, expenses, or detrimental effects to Jessica Jory Jewelry.
7. Indemnification
Users of this Site agree to indemnify and hold harmless Jessica Jory Jewelry and its affiliates from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorney’s fees and expenses, that may be incurred by an indemnified party arising out of, relating to, or resulting from (i) their misuse of the Service, (ii) their violation of this agreement, or (iii) their violation of any applicable laws, rules or regulations through or related to the use of the Services. Users of this Site agree that the provisions in this section will survive any termination of their account, this agreement, or their access to the Services.
8. Limitation of Liability
(1.) Jessica Jory Jewelry neither represents nor warrants completeness, accuracy, applicability, usefulness, or rationality of the Services to be provided through this Site.
(2.) Jessica Jory Jewelry shall not be responsible to Users of this Site and/or any third party for any damages caused by the use of this Site or any modification, termination, interruption, or suspension of this Site.
(3.) Jessica Jory Jewelry shall not be responsible to Users of this Site who directly or indirectly incur losses or damages, regardless of the cause or circumstances, from an action taken by Jessica Jory Jewelry in compliance with the Terms of Use, or in connection with the use of this Site.
(4) Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In these states, our liability will be limited to the greatest extent permitted by law.
9. Miscellaneous
(1.) For contractual purposes, Users consent to receive communications from Jessica Jory Jewelry in electronic form; and agree that all terms and conditions, notices, disclosures, and other communications provided by Jessica Jory Jewelry in electronic form satisfy the legal requirement that such communication would satisfy if they were in writing. Any correspondence between Jessica Jory Jewelry and each User regarding the use of the Services in principle will be made only via e-mail.
(2.) This agreement is governed by the laws of Massachusetts. Any and all disputes relating to or resulting of the Terms of Use and/or the Services will be litigated in and subject to the exclusive jurisdiction of Massachusetts.
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