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Terms & conditions

Last updated: June 16th, 2016

Please read these Terms and Conditions (the "Terms") carefully before using the website (the "Site") operated by Modjewel LLC (herein referred to as the “Company,” "us", "we", or "our"). The Company offers this website, including all information, tools and unique handbag products (the “Products”) available to you, the user. Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Site you acknowledge that you have read, understood and agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access, use or browse the Site.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we do this, we will post the changes on this page and the date of the latest revision will be posted on the top of the page of these Terms. We will also notify you of any material changes and what constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

In addition, you will also be subject to our Privacy Policy located at www.mymodjewel.com/privacy-policy (the “Privacy Policy”), our shipping and return policies found at www.mymodjewel.com/help-and-faq (the “Help and FAQ”) as well as any rules that govern contests, sweepstakes or other promotions made available through the Site.

Purchase of Products

If you wish to purchase any Products made available through the Site, you agree to provide your payment information as well your billing address, and your shipping information to the Site. You agree that you (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete. Our checkout page is powered by our third-party checkout Site, Snipcart. The information provided to Snipcart is subject to Snipcart’s Terms of Site and Privacy Policy located at https://snipcart.com/terms-of-Site.

Prices shown do not include shipping and value added tax, unless otherwise specified. All Products sold through the Site are for your own personal use only and all commercial distribution is strictly prohibited. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: Products availability, noncompliance with the Terms or any other reason determined at our sole discretion.

In addition, we have made every effort to display as accurately as possible the colors and images of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

Additional information on the purchase of Products has made been available on the Help & FAQ page located at www.mymodjewel.com/help-and-faq.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others and we ask our users to do the same. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@mymodjewel.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

• your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by

the copyright owner, its agent, or the law; • a statement by you, made under penalty of perjury, that the above information in your notice

is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. 

Intellectual Property

The Site and its original content, including but not limited to text, graphics, images, features, design, layout, features and functionality are and will remain the exclusive property of the Company. The Site is protected by intellectual property rights, including all copyrights, trademark rights, rights of publicity, trade dress rights, patent rights and other laws of both the United States and foreign countries.

The Site displays trademarks, service marks, and logos of the Company (the “Company Trademarks”) that are registered and unregistered trademarks or service marks of the Company. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

In addition, the Site displays Products functionalities that are currently patent-pending and may not be replicated in any way.

Third Party Sites

The Site may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Site.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Indemnification

You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password, or b) a breach of these Terms.

Disclaimer of Warranties

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Company, directors, employees, partners, agents, suppliers, or affiliates (collectively, the “Company Parties”) do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Limitation of Liability

In no event shall the Company Party be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Some states do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Site, and supersede and replace any prior agreements we might have had between us regarding the Site. 

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