Gem Lounge may obtain personal information about you from various sources, including when you visit the Site, visit our social media, subscribe to a newsletter, fill out a form, purchase goods, enter into sweepstakes, or in connection with other features we make available on the Site. You understand and agree that Gem Lounge may collect your personal information, such as your name, address, email address, age, gender, IP address, username and password, and payment information.
You hereby understand and agree that in order to process certain orders, make website improvements, improve marketing, or perform any other services related to Gem Lounge, Gem Lounge may share your personal information from time to time with our affiliates, services providers, and other third parties with your consent.
In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.
You can at any time tell us not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us.
Gem Lounge Jewelry does use 3rd party vendor re-marketing tracking cookies, specifically the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). As always we respect your privacy and are not collecting or storing any identifiable information through the use of Google’s or any other 3rd party remarketing system.
The products and services available on the Site, and any samples that we may provide to you, are for personal use only. You may not sell or resell any of the products, services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
2. INTELLECTUAL PROPERTY
You acknowledge that the Site may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Gem Lounge, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on any content found on the Site, in whole or in part. Any use of the Site or any content other than as specifically authorized herein, without the prior written permission of Gem Lounge, is strictly prohibited.
3. SOCIAL MEDIA SUBMISSIONS.
You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #GemLounge or other Gem Lounge Jewelry brand hashtags or identifying marks, you grant to Gem Lounge Jewelry, its third-party service providers who provide content management services, and its retail partners (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Gem Lounge Jewelry-tagged User Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by Gem Lounge, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that: (i) you own all rights in and to your User Submissions; (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor; and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Gem Lounge, the Licensed Parties, and any person acting on Gem Lounge Jewelry’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.
5. ACCURACY OF INFORMATION.
We attempt to be as accurate as possible when describing our products on the Site, however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
6. OTHER WEBSITES.
Users may find advertising or other content on the Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website's own terms and policies. Gem Lounge 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 content, events, goods or services available on or through any such hyperlinked site or resource.
8. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GEM LOUNGE AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GEM LOUNGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE. IN NO EVENT SHALL LULU FROST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
This Terms and Conditions supersedes any prior Terms and Conditions between you and Gem Lounge with respect to the Site or the terms contained herein. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Terms and Conditions shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Gem Lounge agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cumberland County, Maine.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS TERMS AND CONDITIONS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS TERMS AND CONDITIONS.
The failure of Gem Lounge to exercise or enforce any right or provision of this Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of this Terms and Conditions 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 this Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
10. CONSENT & CHANGES.
Your use of this Site shall be deemed express approval of all terms of this Terms and Conditions. If you do not consent to this Terms and Conditions or any of the above terms, please immediately exit and discontinue use of the Site. Gem Lounge has the discretion to update this Terms and Conditions at any time. In the event this Terms and Conditions is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.
YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THIS TERMS AND CONDITIONS AND ANY CHANGES THERETO.
If you have any questions about this Terms and Conditions, the practices of Gem Lounge, or your dealings with this Site, please contact us at firstname.lastname@example.org.
Any rights not expressly granted herein are reserved. © 2018 Gem Lounge Jewelry LLC.
*Terms and Conditions was last updated January 9, 2018.