Silver Jewelry Rocks Website
Terms and Conditions
These terms and conditions apply to the
Silver Jewelry Rocks site located at
www.silverjewelryrocks.com,
and all associated Web sites linked to www.silverjewelryrocks.com
by Gemtree Creative Designs, its subsidiaries and affiliates, including
Gemtree Creative Design's sites around the world (collectively 'the
Site'). Please read these terms and conditions (the 'Terms and Conditions')
carefully. BY USING THE SITE, YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions govern your
use of, and any purchase from, Silver Jewelry Rocks Site, and
constitute an agreement between you and Gemtree Creative Designs.
Gemtree Creative Designs reserves the right to change or modify
any of these Terms and Conditions or any policy or guideline of
the Site at any time, and in its sole discretion. Any change or
modification will be effective immediately upon posting of the revisions
on the Site. Your continued use of the Site following the posting
of its changes or modifications will constitute your acceptance
of such changes or modifications. Therefore, you should frequently
review these Terms and Conditions and any other applicable policies
from time-to-time to understand the terms and conditions that apply
to your use of the Site. If you do not agree to the amended terms,
you must stop using the Site.
To keep our prices low, we do not allow
comparison purchasing. Comparison purchasing is the act of buying
several items with the intent of keeping the one you like best and
returning the remainder. This causes undue restocking and inventory
overhead and can be very costly. To confirm the quality of a jewelry
item, please contact us at
customerservice@gemtreecreativedesigns.com
or 520-308-4761, and we would be happy to help you make your choice.
Product Availability and Pricing
Sometimes with the volume of orders we
receive, an item may go out of stock before we are able to post
a notification on the Site. If this happens, we will contact you
directly to discuss possible options.
We do not offer post-order price matching
when an item's price drops after you buy it. Because they are based
on the latest market gem and precious metal values, our prices change
regularly. The price you paid when you placed your order was the
lowest price we were able to offer at the time. We consistently
offer competitive prices on everything we carry because we know
low prices are very important to our customers.
Items in your shopping cart and wish list
will always reflect the most recent price displayed on the item's
product detail page. This price may differ from the price shown
for the item when you first placed it in your cart. Placing an item
in your cart or wish list doesn't reserve the price shown at that
time. It is also possible that an item's price may decrease between
the time you place it in your cart and the time you purchase it.
Data, including prices, may be inaccurately
displayed on our Site due to system or typographical errors. While
we make every attempt to avoid these errors, they may occur. We
reserve the right to correct any and all errors when they do occur,
and we do not honor inaccurate or erroneous prices. If a product's
listed price is lower than its actual price, we will, at our discretion,
either contact you for instructions before shipping the product
or cancel the order and notify you of such cancellation. If the
order has been shipped, you agree to either return the product or
pay the difference between the actual and charged prices. Our prices
are also subject to change without notice. We apologize for any
inconvenience that this may cause. If you have any questions, please
do not hesitate to contact us at 1-520-308-4761.
We do not negotiate prices on our products
and all our prices are final.
Information on our Site
At Gemtree Creative Designs, we make every
attempt to ensure that our online catalog is as accurate and complete
as possible. In order to give you the opportunity to view our products
in great detail, some products may appear larger or smaller than
their actual size in our photographs; and since every computer monitor
is set differently, color and size may vary slightly.
Our objective is to provide you with as
much information and detail about your prospective purchase as possible
so that you can see the beauty and shape of a particular item. In
compliance with industry standards and FTC regulations, Gemtree
Creative Designs states that carat total weight in all purchases
may vary 0.05 carats from stated weight.
On the Site, we provide the measurement
of our products based on our manufacturing specifications. Slight
tolerances may be accounted for based on finishing during the manufacturing.
Width tolerance on machine made wedding bands of 0.20mm is allowed.
Cast manufactured rings can vary slightly more.
For gemstone and pearl measurements, a
tolerance of 0.25mm is allowed.
For diamond jewelry set with multiple diamonds,
we provide the minimum total carat weight for the piece. Color and
clarity grades are expressed as either a minimum or an average depending
on the number of diamonds. If stated as a minimum, all diamonds
within the piece are at or above the stated quality. If expressed
as an average, collectively the quality is equal to or exceeds the
grade stated.
Site Content
The Site and all content and other materials,
including, without limitation, the Gemtree Creative Designs logo,
and all designs, text, graphics, pictures, selection, coordination, 'look
and feel', information, data, software, sound files, other files
and the selection and arrangement thereof (collectively, the "Site
Materials") are the proprietary property of Gemtree Creative
Designs or its licensors or users and are protected by trade dress,
copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws.
Use of the Site
You are granted a personal, limited, non-sub
licensable license to access and use our Site and electronically
copy, (except where prohibited without a license) and print to hard
copy portions of our Site Materials for your informational, non-commercial
and personal use only. Such license is subject to these Terms and
Conditions and does not include: (a) any resale or commercial use
of our Site or the Site Materials therein; (b) the collection and
use of any product listings, pictures or descriptions for commercial
purposes; (c) the distribution, public performance or public display
of any Site Materials, (d) modifying or otherwise making any derivative
uses of our Site and the Site Materials, or any portion thereof;
(e) use of any automated means to access, monitor or interact with
any portion of our Site, including through data mining, robots,
spiders, scraping, or similar data gathering or extraction methods;
(f) downloading (other than the page caching) of any portion of
our Site, the Site Materials or any information contained therein,
except as expressly permitted on our Site; (g) cause to appear any
pop-up, pop-under, exit windows, expanding buttons, banners, advertisement,
or anything else which minimizes, covers, or frames or inhibits
the full display of our Site; (h) use our web sites in any way which
interferes with the normal operation of our sites; or (i) any use
of our Site or the Site Materials other than for its intended purpose.
Any use of our Site or the Site Materials other than as specifically
authorized herein, without the prior written permission of Gemtree
Creative Designs, is strictly prohibited and will terminate the
license granted herein. Such unauthorized use may also violate applicable
laws, including without limitation copyright and trademark laws
and applicable communications regulations and statutes. Unless explicitly
stated herein, nothing in these Terms and Conditions shall be construed
as conferring any license to intellectual property rights, whether
by estoppel, implication, or otherwise. This license is revocable
at any time.
Infringer Policy
In accordance with the Digital Millennium
Copyright Act (DMCA) and other applicable law, Gemtree Creative
Designs has adopted a policy of terminating and barring, in appropriate
circumstances and at Gemtree Creative Designs' sole discretion,
site users or account holders who are deemed to be repeat infringers.
Gemtree Creative Designs may also at its sole discretion limit access
to this site and/or terminate the accounts of any users who infringe
any intellectual property rights of others, whether or not there
is any repeat infringement.
Third Party Content
Gemtree Creative Designs may provide links
to Web pages and content of third parties ('Third Party Content')
as a service to those interested in this information. Gemtree Creative
Designs does not monitor or have any control over any Third Party
Content or third party Sites. Gemtree Creative Designs does not
endorse any Third Party Content and can make no guarantee as to
its accuracy or completeness. Gemtree Creative Designs does not
represent or warrant the accuracy of any information contained therein,
and undertakes no responsibility to update or review any Third Party
Content. Users use these links and Third Party Content contained
therein at their own risk.
Advertisements and Promotions
Gemtree Creative Designs may run advertisements
and promotions from third parties on our Site. Your business dealings
or correspondence with, or participation in promotions of, advertisers
other than Gemtree Creative Designs, and any terms, conditions,
warranties, or representations associated with such dealings, are
solely between you and such third party. Gemtree Creative Designs
is not responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such non-Gemtree Creative Designs advertisers on
our Site.
Silver Jewelry Rocks promotions are
not combinable with other promotions or discounts including vouchers
and coupons. Please note that Gemtree Creative Designs reserves
the right to rescind, revoke or terminate our promotions at any
time, with or without cause.
Submissions
You acknowledge and agree that any materials,
including but not limited to questions, comments, suggestions, ideas,
plans, notes, drawings, original or creative materials or other
information, regarding this site, Silver Jewelry Rocks, or our
products or services that are provided by you to Gemtree Creative
Designs are non-confidential and shall become the sole property
of Gemtree Creative Designs. Gemtree Creative Designs will own exclusive
rights, including all intellectual property rights, and will be
entitled to the unrestricted use and dissemination of these materials
for any purpose, commercial or otherwise, without acknowledgment
or compensation to you. You grant Gemtree Creative Designs and its
affiliates and sublicensees the right to use the name that you submit
in connection with such content, if they choose. You represent and
warrant that (a) you own and control all of the rights to the content
that you submit, or that you otherwise have the right to submit
such content to this site; (b) the content is accurate and not misleading;
and (c) use and posting of the content you supply will not violate
any rights of or cause injury to any person or entity.
Product Reviews and User Content
Our Site includes a product review feature,
and includes or may include in the future discussion forums, user
generated content, or other areas or services in which you or third
parties create, post, or store any content, messages, materials
or other items on our Site ('Interactive Areas'). You are solely
responsible for your use of such Interactive Areas and use them
at your own risk. By using any Interactive Areas, you agree not
to post, upload to, transmit, distribute, store, create or otherwise
publish through our Site any of the following:
- Any message, data, information, text,
music, sound, photos, video, graphics, code or other material
('User Content') that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory,
fraudulent or otherwise objectionable;
- User Content that would constitute,
encourage or provide instructions for a criminal offense, violate
the rights of any party, or that would otherwise create liability
or violate any local, state, national or international law,
including, without limitation, the regulations of the U.S. Securities
and Exchange Commission or any rules of a securities exchange
such as the New York Stock Exchange, the American Stock Exchange
or the NASDAQ;
- User Content that may infringe any
patent, trademark, trade secret, copyright or other intellectual
or proprietary right of any party. By posting any User Content,
you represent and warrant that you have the lawful right to
distribute and reproduce such User Content;
- User Content that impersonates any
person or entity or otherwise misrepresents your affiliation
with a person or entity;
- Unsolicited promotions, political
campaigning, advertising or solicitations;
- Private information of any third party,
including, without limitation, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful,
disruptive or destructive files; and
- User Content that, in the sole judgment
of Gemtree Creative Designs, is objectionable or which restricts
or inhibits any other person from using or enjoying the Interactive
Areas or our Site, or which may expose Gemtree Creative Designs
or its users to any harm or liability of any type.
Gemtree Creative Designs takes no responsibility
and assumes no liability for any User Content posted, stored or
uploaded by you or any third party, or for any loss or damage thereto,
nor is Gemtree Creative Designs liable for any mistakes, defamation,
slander, libel, omissions, falsehoods, obscenity, pornography or
profanity you may encounter. Your use of Interactive Areas is at
your own risk. As a provider of interactive services, Gemtree Creative
Designs is not liable for any statements, representations or User
Content provided by its users in any public forum, personal home
page or other Interactive Area. Although Gemtree Creative Designs
has no obligation to screen, edit or monitor any of the Content
posted in any Interactive Area, Gemtree Creative Designs reserves
the right, and has absolute discretion, to remove, screen or edit
any User Content posted or stored on our Site at any time and for
any reason without notice, and you are solely responsible for creating
backup copies of and replacing any User Content you post or store
on our Site at your sole cost and expense.. Any use of the Interactive
Areas or other portions of our Site in violation of the foregoing
violates these Terms and Conditions and may result in, among other
things, termination or suspension of your rights to use the Interactive
Areas and/or our Site. In order to cooperate with legitimate governmental
requests, subpoenas or court orders, to protect Gemtree Creative
Designs' systems and customers, or to ensure the integrity and operation
of Gemtree Creative Designs' business and systems, Gemtree Creative
Designs may access and disclose any information it considers necessary
or appropriate, including, without limitation, user profile information
(i.e. name, e-mail address, etc.), IP addressing and traffic information,
usage history, and posted User Content. Gemtree Creative Designs'
right to disclose any such information shall govern over any terms
of Silver Jewelry Rocks' Privacy Policy.
If you post User Content to our Site, unless
we indicate otherwise, you grant Gemtree Creative Designs and its
affiliates a nonexclusive, royalty-free, perpetual, irrevocable
and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such User Content throughout the world in any media.
You grant Gemtree Creative Designs and its affiliates and sublicensees
the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that (a) you
own and control all of the rights to the User Content that you post
or you otherwise have the right to post such User Content to our
Site; (b) the User Content is accurate and not misleading; and (c)
use and posting of the User Content you supply does not violate
these Terms and Conditions and will not violate any rights of or
cause injury to any person or entity.
Indemnification
You agree to defend, indemnify and hold
harmless Gemtree Creative Designs, its independent contractors,
service providers and consultants, and their respective directors,
employees and agents, from and against any claims, damages, costs,
liabilities, and expenses (including, but not limited to, reasonable
attorneys' fees) arising out of or related to any Content you
post, store or otherwise transmit on or through our Site or your
use of or inability to use our Site, including without limitation
any actual or threatened suit, demand or claim made against Gemtree
Creative Designs and/or its independent contractors, service providers,
employees, directors or consultants, arising out of or relating
to the Content, your conduct, your violation of these Terms and
Conditions or your violation of the rights of any third party.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE
CONTRARY IN A WRITING BY Gemtree Creative Designs, THIS SITE, THE
CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED
ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES")
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. Gemtree Creative Designs DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT,
AND MATERIALS IN OUR SITE. Gemtree Creative Designs DOES NOT REPRESENT
OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Gemtree Creative Designs
DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL Gemtree Creative Designs,
ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS,
OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES,
OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING
WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE
BY USER ON ANY INFORMATION OBTAINED FROM Gemtree Creative Designs,
OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION
OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO Gemtree Creative Designs' RECORDS, PROGRAMS
OR SERVICES.
Applicable Law and Venue
These Terms and Conditions and your use
of this site will be governed by and construed in accordance with
the laws of the State of Arizona, applicable to agreements made
and to be entirely performed within the State of Arizona, without
resort to its conflict of law provisions. You agree that any action
at law or in equity arising out of or relating to these Terms and
Conditions shall be filed only in the state and federal courts located
in Pima County, Arizona and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts
over any suit, action or proceeding arising out of your use of this
site, any purchase from this site, or these Terms and Conditions.
Modification and Notice
You agree that Gemtree Creative Designs
may modify these Terms and Conditions and any other policies on
our Site at any time and that posting the modified Terms and Conditions
or policies on our Site will constitute sufficient notice of such
modification.
Termination
Notwithstanding any of these Terms and
Conditions, Gemtree Creative Designs reserves the right, without
notice and in its sole discretion, to terminate your license to
use this site, and to block or prevent future your access to and
use of the Site.
Severability
If any provision of these Terms and Conditions
shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and
Conditions and shall not affect the validity and enforceability
of any remaining provisions.
Questions & Contact Information
If you have any questions, please do not
hesitate to contact us at
customerservice@gemtreecreativedesigns.com
or 520-308-4761.