Effective and Last Updated: January 28, 2019

PLEASE REVIEW BEFORE USING THIS WEBSITE

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE

General Description

Welcome to The Jewelure Inc.-owned Internet properties — Shmukler Design (http://www.ShmuklerDesign.com) and Custom Jewelry Blog (https://www.CustomJewelryBlog.com) — collectively ”TJI” for the purpose of these Terms and Conditions. The mission of these TJI-owned Internet-based properties is to provide information and resources of value to individuals interested in Shmukler Design and the facilitation of information about custom jewelry, and related information and services (the “Services”). To provide the Services, we have set specific Terms & Conditions (the “Terms”). By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to abide by the following Terms and Conditions.

TJI may change the Terms from time to time, at TJI’s sole discretion. Your continued use of this Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms.

These Sites is an information starting point. TJI does not provide or replace individualized general or specialized advice you can and should receive from a professional.

These Sites may include information that is out of date, jurisdiction specific, or applicable only based on a specific set of facts. Use of the Services does not create an official relationship of any kind between the user and TJI. If you are in need of general- or specific-jewelry-related advice, seek out a qualified professional and do not rely on www.shmuklerdesign.com or www.customjewelryblog.com.

DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES

THESE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TJI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITES OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THESE SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TJI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

TJI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THESE SITES. YOU EXPRESSLY AGREE THAT YOU USE THESE SITES SOLELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL THE JEWELURE INC, OR ANY OF ITS RESPECTIVE EMPLOYEES, MANAGERS, DIRECTORS, OR CONSULTANTS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THESE SITES (INCLUDING BUT NOT LIMITED TO THEIR OPERATION, THEIR CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITES, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THESE SITES) EVEN IF THE JEWELURE INC AND ITS EMPLOYEES, OFFICERS, DIRECTORS OR CONSULTANTS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF THE JEWELURE INC AND ITS EMPLOYEES, MANAGERS, officers, DIRECTORS OR CONSULTANTS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Account

Registration

To utilize the Services or certain portions thereof, you may be required to complete a registration process and establish an account with TJI (“TJI Account”). You represent and warrant that all information provided by you to TJI is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security

As a registered user of TJI Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and TJI Account(s). You understand and agree that you are fully responsible for all actions and postings made from your TJI Account(s). You also agree that the accounts you create are not transferable. Finally, you agree to notify TJI immediately if you become aware of any unauthorized use of your TJI Account(s).

Termination

TJI reserves the right to terminate your TJI Account or restrict access to your TJI Account, to delete any content posted through your TJI Account, or to delete any content posted by you as a registered or as an unregistered user, with or without notice, for any or for no reason, and without any liability to you.

Community Participation

Browsing

You understand that material made available by TJI is a product of both a business and community effort and may not necessarily represent the view of TJI. TJI assumes no responsibility for the accuracy, suitability, or completeness of any content provided, including but not limited to Site entries, Site comments, content linked to, links, or any other content that may be found on TJI.

Linking

You understand TJI has not and cannot review all material made available through websites linked or linking to any part of these sites. You also understand that no such linking implies in any way that TJI endorses or is affiliated with any third-party website. You agree that TJI bears no responsibility or liability for any content accessed or harm caused from any third-party website.

TJI License

By posting or contributing content – including testimonials, service and product reviews, and comments made on the Shmukler Design blog (https://www.CustomJewelryBlog.com) – and using these Services, you are granting TJI a non-exclusive, royalty-free, perpetual, and worldwide license to use your contributed content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work in perpetuity.

Content

Contributed content – including testimonials, reviews and comments – must be relevant to the subject and scope of TJI. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

TJI does not pre-screen any contributed content, including comments, but TJI has the right (though not the obligation) to remove, without notice, any content posted, including comments, which TJI considers for any reason to violate these Terms or to be outside the subject scope of the Services.

TJI may terminate any account, with or without notice, for posting such content.

TJI may temporarily or permanently block offending commenters’ IP (Internet Provider) addresses if a commenter has posted comments that are threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, abusive, off-topic, used excessive foul language, or include ad hominem attacks. This means the abusive commenter is banned from commenting on TJI in the future, even if the later comments are not abusive.

User Representations and Warranties

By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, abusive, off-topic, uses excessive foul language, or includes ad hominem attacks, or obscene or pornographic material, or other material that would violate applicable local, state, or federal law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

Indemnities

You acknowledge and agree to indemnify and hold TJI and their affiliates, officers, employees, directors, partners, contractors, advisors and agents, harmless, including for costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.

Privacy

Please read our Privacy Policy, which is incorporated herein by reference.

Commenting Guidelines

TJI seeks to bring a diverse range of perspectives and voices into this website. While we do not want to limit the spirit of civil disagreement, we will decline to publish certain content, including factually incorrect comments and user-generated content (“Unacceptable Content”), and will remove it at our discretion if we find it on this website.

Unacceptable content includes but is not limited to the following:

  • Irrelevant statements or SPAM.

  • Defamatory or knowingly false statements.

  • Information of a private or personal nature that does not have relevant value.

  • Statements that are intended as a personal attack or are abusive, harassing, or threatening.

  • Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use.

  • Statements that are threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic, abusive, off-topic, use excessive foul language, or include ad hominem attacks.

TJI will determine what is “Unacceptable Content” on a case-by-case basis.

TJI reserves the right to change these standards at any time.

TJI also reserves the right to edit user-contributed statements and remove links to unacceptable off-site content at any time.

Other Terms

Modifications

TJI reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.

Termination of Service

TJI disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. TJI reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

Extent of Terms

These Terms apply to use of and contribution to the TJI Site and any account provided therefore. TJI may operate additional projects or services, which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms

Failure of TJI to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement

These Terms are governed by the laws of State of California, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it.

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Effective and Last Updated: January 28, 2019.