Welcome to EyeOnJewels
These terms and conditions outline the rules and regulations for the use of EyeOnJewels's Website.
EyeOnJewels is located at:
65 enterprise , aliso viejo, California - 92656, United States
1. Accepting These Terms
The Terms are a legally binding contract between you and EYeOnJewels.
Please note that Section 11. Disputes with EyeOnJewels, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use EyeOnJewels.com and the other services provided by EyeOnJewels (collectively referred to as “Services”). By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Terms for all our customers
EyeOnJewels, through our services connect people around the world, both online and offline to sell, and buy Jewelry and watch products. We have different Terms for our different customers as you can see below:
Terms for Sellers. If you list any items for sale through our Services, these policies apply to you. You can read them here.
Terms for Buyers. If you use our Services to browse or shop, these policies apply to you. You can read them here.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
3. Your Privacy
Both EyeOnJewels and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not EyeOnJewels, will be responsible for that unauthorized disclosure.
If, however, EyeOnJewels and sellers are found to be joint data controllers of buyers’ personal information, and if EyeOnJewels is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify EyeOnJewels for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to EyeOnJewels.
4. Your Account with EyeOnJewels
You’ll need to create an account with EyeOnJewels to use some of our Services. Here are a few rules about accounts with EyeOnJewels:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use EyeOnJewels or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
D. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and EyeOnJewels.
5. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. By posting Your Content through our Services, you grant EyeOnJewels a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help EyeOnJewels function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
C. Rights You Grant EyeOnJewels. By posting Your Content, you grant EyeOnJewels a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote EyeOnJewels, your EyeOnJewels shop, or the Services in general, in any formats and through any channels, including across any EyeOnJewels Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep EyeOnJewels going. Consider these examples: if you upload a photo of a listing on your EyeOnJewels shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app
D. Reporting Unauthorized Content. EyeOnJewels has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on EyeOnJewels’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against EyeOnJewels, another EyeOnJewels user, or a third party.
B. You are responsible for paying all fees that you owe to EyeOnJewels. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services to customers inside and outside of the United States of America.
C. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
D. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name "EyeOnJewels" and the other EyeOnJewels marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of EyeOnJewels in the US and other countries.
G. Online agreements: From time to time, EyeOnJewels will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination By You. We'd hate to see you go, but you may terminate your account with EyeOnJewels at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Also note you’ll still have to pay any outstanding bills.
Termination By EyeOnJewels. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. EyeOnJewels may refuse service to anyone, at any time, for any reason.
If you or EyeOnJewels terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. EyeOnJewels reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that EyeOnJewels does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so EyeOnJewels cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release EyeOnJewels from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. EyeOnJewels is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
Gift Cards and Promotions. You acknowledge that EyeOnJewels does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
Warranties. EyeOnJewels is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither EyeOnJewels, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall EyeOnJewels’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars (USD) or the amount you paid EyeOnJewels in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if EyeOnJewels gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend EyeOnJewels (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of EyeOnJewels’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
If a resolution with the Third Party is attempted and not possible please contact us. We would love to learn of your experience in any way for please don’t hesitate to contact us for any other questions or recommendations.
Release of EyeOnJewels. You release EyeOnJewels from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with EyeOnJewels
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Arbitration. You and EyeOnJewels agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and EyeOnJewels are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
C. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, EyeOnJewels will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
D. Forum. Any legal action against EyeOnJewels related to our Services must be filed and take place in Orange County, CA. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Orange County, CA, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and EyeOnJewels agree to submit to the personal jurisdiction of a state court located in Orange County, CA
E. Modifications. If we make any changes to this “Disputes with EyeOnJewels” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against EyeOnJewels prior to the date the changes became effective. EyeOnJewels will notify you of substantive changes to the “Disputes with EyeOnJewels” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send EyeOnJewels a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and EyeOnJewels in accordance with the provisions of this “Disputes with EyeOnJewels” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and EyeOnJewels regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at legal@EyeOnJewels.com.
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