Last updated: January 6, 2019
Please read these Terms and Conditions
(“Terms”, “Terms and Conditions”) carefully before using the https://learningjewelry.com
website (the “Service”) operated by DCS3, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is
conditioned upon your acceptance of and compliance with these Terms. These
Terms apply to all visitors, users and others who wish to access or use the
Service.
By accessing or using the Service you agree to
be bound by these Terms. If you disagree with any part of the terms then you do
not have permission to access the Service.
COMMUNICATIONS
By creating an Account on our service, you
agree to subscribe to newsletters, marketing or promotional materials and other
information we may send. However, you may opt out of receiving any, or all, of
these communications from us by following the unsubscribe link or instructions
provided in any email we send.
PURCHASES
If you wish to purchase any product or service
made available through the Service (“Purchase”), you may be asked to supply
certain information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and warrant that: (i) you have
the legal right to use any credit card(s) or other payment method(s) in
connection with any Purchase; and that (ii) the information you supply to us is
true, correct and complete.
The service may employ the use of third party services for the
purpose of facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to these
third parties subject to our Privacy
Policy.
We reserve the right to refuse or cancel your
order at any time for reasons including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order or other reasons.
We reserve the right to refuse or cancel your
order if fraud or an unauthorized or illegal transaction is suspected.
AVAILABILITY,
ERRORS AND INACCURACIES
We are constantly updating product and service
offerings on the Service. We may experience delays in updating information on
the Service and in our advertising on other web sites. The information found on
the Service may contain errors or inaccuracies and may not be complete or
current. Products or services may be mispriced, described inaccurately, or
unavailable on the Service and we cannot guarantee the accuracy or completeness
of any information found on the Service.
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 Service may be governed
by rules that are separate from these Terms & 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.
CONTENT
Our Service allows you to post, link, store,
share and otherwise make available certain information, text, graphics, videos,
or other material (“Content”). You are responsible for the Content that you
post on or through the Service, including its legality, reliability, and
appropriateness.
By posting Content on or through the Service,
You represent and warrant that: (i) the Content is yours (you own it) and/or
you have the right to use it and the right to grant us the rights and license
as provided in these Terms, and (ii) that the posting of your Content on or
through the Service does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person or entity. We
reserve the right to terminate the account of anyone found to be infringing on
a copyright.
You retain any and all of your rights to any
Content you submit, post or display on or through the Service and you are
responsible for protecting those rights. We take no responsibility and assume
no liability for Content you or any third party posts on or through the
Service. However, by posting Content using the Service you grant us the right
and license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You agree that this license
includes the right for us to make your Content available to other users of the
Service, who may also use your Content subject to these Terms.
DCS3, LLC has the right but not the obligation
to monitor and edit all Content provided by users.
In addition, Content found on or through this
Service are the property of DCS3, LLC or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said
Content, whether in whole or in part, for commercial purposes or for personal
gain, without express advance written permission from us.
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 Service.
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 Service 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. It is our policy to respond to any claim that Content posted on the
Service 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 shane@dcs3solutions.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 Service on your
copyright.
DMCA
NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
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 Service 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.
You can contact our Copyright Agent via email
at shane@dcs3solutions.com.
INTELLECTUAL
PROPERTY
The Service and its original content
(excluding Content provided by users), features and functionality are and will
remain the exclusive property of DCS3, LLC and its licensors. The Service is
protected by copyright, trademark, and other laws of both the United States and
foreign countries. Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of DCS3, LLC.
LINKS TO
OTHER WEB SITES
Our Service may contain links to third party web
sites or services that are not owned or controlled by DCS3, LLC.
DCS3, LLC 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 DCS3, LLC 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 Service 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 Service.
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 DCS3, LLC 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 Service, by you or any person using your
account and password; b) a breach of these Terms, or c) Content posted on the
Service.
LIMITATION
OF LIABILITY
In no event shall DCS3, LLC, nor its
directors, employees, partners, agents, suppliers, or affiliates, 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 Service; (ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; 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.
DISCLAIMER
Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service 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.
DCS3, LLC its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your requirements.
EXCLUSIONS
Some jurisdictions 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.
GOVERNING
LAW
These Terms shall be governed and construed in
accordance with the laws of Virginia, 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 our Service, and supersede
and replace any prior agreements we might have had between us regarding the
Service.
CHANGES
We reserve the right, at our sole discretion,
to modify or replace these Terms at any time. If a revision is material we will
provide at least 30 days notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service
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 Service.
CONTACT
US
If you have any questions about these Terms, please contact
us.
