Terms and Conditions
Welcome to the www.DesignYourSparkle.com website (the “Site”), a website owned and operated by DESIGN YOUR SPARKLE™ (“DESIGN YOUR SPARKLE™” or “We”). DesignYourSparkle.com is a unique jewelry shopping website with a design-your-own (DIY) bracelet-builder which allows you to design your own bracelet online.
To use this website and the online bracelet-builder tool you must adhere to the following Terms and Conditions:
The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively, the “Terms”) govern your use of, and any purchase of products or services from the Site.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DESIGN YOUR SPARKLE™. BY USING THIS SITE, INCLUDING, WITHOUT LIMITATION, BY PURCHASING PRODUCTS OR SERVICES THROUGH THIS SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MUST STOP USING THE SITE.
Please be aware that DESIGN YOUR SPARKLE™ may revise these Terms from time to time, in its sole discretion, by updating this posting, effective as of the date of posting. Your continued use of this Site after such posting, including, without limitation, the purchase of products or services through the Site, constitutes your agreement to the changes, and no further notice to you is required. You are responsible for checking these Terms often for updates.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of DESIGN YOUR SPARKLE™ , or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of DESIGN YOUR SPARKLE™ or such third party that may own the displayed Trademarks.
Accuracy, Completeness and Timeliness of Information on This Site
DESIGN YOUR SPARKLE™ is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more-timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
Use of Content on the Site; Proprietary Rights
You are granted a personal, limited, non-sublicensable 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 DESIGN YOUR SPARKLE™, 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.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. DESIGN YOUR SPARKLE™ reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which DESIGN YOUR SPARKLE™ may be entitled at law or in equity.
Rules and Limits on and Modifications to the Site
DESIGN YOUR SPARKLE™ reserves the right, for any reason, in our sole discretion and without notice to you, to terminate, change, correct errors in, suspend or discontinue any aspect of the Site, including, but not limited to, the Content, features and/or availability, and DESIGN YOUR SPARKLE™ will not be liable to you or any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.
Product Image and Information
Please see our Disclaimer.
Accuracy of Content and Pricing Information
Please see our Disclaimer.
Prices are quoted in U.S. dollars, are effective for U.S. purchases only and are subject to change at any time. Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different reasons, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. Discounts are limited-time offers and are not valid with other offers. DESIGN YOUR SPARKLE™ reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. Quoted prices on product information pages do not include shipping and handling or applicable sales, use or similar taxes. These items will be calculated once you submit your request to purchase the products. You agree to pay the applicable product purchase price(s) plus additional calculated amounts, including all taxes applicable to any purchase, excluding taxes based on DESIGN YOUR SPARKLE™’s net income. Title and risk of loss to all products you order pass to you upon our tender of the shipment to the shipping carrier. For further information on shipping, please see our Shipping Policy. DESIGN YOUR SPARKLE™ reserves the right to limit the quantity of items purchased through the website. Purchase requests for shipment outside the United States will not be filled.
If you prefer not to order online, please call DESIGN YOUR SPARKLE™ at TELEPHONE NUMBER HERE to place an order, or visit one of our stores near you.
You may be required to register in order to obtain or share information, to purchase products or services, or to use services or features of the Site. When registering, you agree to provide accurate and complete information as prompted by the applicable registration form and maintain and properly update the information. When registering, you will designate a user name and password connection with your use of the Site. You will be responsible for maintaining the confidentiality of your user name and password, and will be solely responsible for all activities that occur under your user name and password. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Your Submissions; User Generated Content
You agree that any and all materials, including, but not limited to, questions, comments, images and other digital content, suggestions, ideas, drawings, notes or other information, regarding the Site, DESIGN YOUR SPARKLE™ or otherwise, and any content that you transmit or post on the Site (collectively, “User Generated Content” or “UGC”) (other than personal information submitted in non-public areas or as part of your order request) may be used by DESIGN YOUR SPARKLE™ and licensed to others by DESIGN YOUR SPARKLE™ , for any purpose, commercial or otherwise, without acknowledgement or compensation to you, and User Generated Content will not be treated as confidential information. Accordingly, by submitting and/or posting such User Generated Content to the Site, you will and hereby grant to DESIGN YOUR SPARKLE™ a worldwide, royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use the User Generated Content for any lawful purpose, and reproduce, modify, create derivative works of, adapt, edit, translate, publish, distribute, perform, broadcast, transmit, display, exploit and otherwise use such User Generated Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. By transmitting or posting User Generated Content on the Site, you represent that you are the sole owner of such content and/or that you as a licensee, have been granted by the owner all unencumbered, transferable permissions and rights necessary, including, without limitation, releases, consents, and rights to publicity to post such content. Further, if your User Generated Content contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image.
DESIGN YOUR SPARKLE™ does not represent or guarantee the truthfulness, accuracy, or reliability of any User Generated Content on the Site or endorse any opinions expressed by users. Further, posting User Generated Content to DESIGN YOUR SPARKLE™’ Site does not represent an endorsement of products or services that may be depicted in such User Generated Content or any component thereof. You acknowledge that any use of or reliance on User Generated Content is at your own risk. DESIGN YOUR SPARKLE™ takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. DESIGN YOUR SPARKLE™ has no obligation to use, screen, edit or monitor any User Content, but DESIGN YOUR SPARKLE™ reserves the right, in its absolute discretion, to use, remove, screen or edit any User Generated Content at any time and for any reason without notice.
Upon receiving a request from the User Generated Content owner or licensee, and proof of rights to the User Content, DESIGN YOUR SPARKLE™ will remove from its Site any User Generated Content that was posted by the rights holder; however, DESIGN YOUR SPARKLE™ will not be responsible for User Generated Content that may have been copied from the DESIGN YOUR SPARKLE™ Site or that may have been shared via other digital channels with other sites, including, without limitation social media websites, or other public or private websites.
Additional terms and conditions may apply to certain submissions of User Generated Content. These additional terms will be posted on the page where you make the submission and will control over any conflicting provisions in these Terms.
As a user of this Site, you are solely and entirely responsible for your own User Generated Content and are responsible for the consequences of your posting of such User Generated Content. In connection with your access to or use of this Site, you will not under any circumstances:
1. Upload, post, distribute, publish or otherwise transmit materials that are copyrighted or covered by other proprietary or intellectual property rights, unless you own such rights or have the permission of the owner(s) to post it;
2. Upload, post, distribute, publish or otherwise transmit material that violates any law or infringes on the privacy or publicity rights of others, or that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing to another user or any other person or entity, or otherwise objectionable;
3. Upload, post, distribute, publish or otherwise transmit any sexually-explicit or other adult materials;
4. Upload, post, distribute, publish or otherwise transmit any advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any form of solicitation;
5. Impersonate another person or entity, misrepresent your affiliation with any person or entity, or forge headers or other identifiers to disguise the origin of content transmitted through the Site;
6. Attempt to access or use, without authorization, any secure or non-public areas of the website or any service, materials, accounts, systems or networks, through hacking, password mining or any other means;
7. Upload, post, distribute, publish or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or permit unauthorized access to, any data, software or hardware;
8. Use the website in a manner that could damage, disable, overburden or impair DESIGN YOUR SPARKLE™ or its service provider’s server, or the networks connected to the servers, or interfere with any other party’s use and enjoyment of the Site;
9. Harvest, collect or store information about the users of the Site or the content posted by others on the Site or otherwise engage in any systematic extraction of data or data fields, including but not limited to e-mail addresses; or Frame or link to the Site.
You agree to comply with all treaties, laws, rules and regulations applicable to your use of the Site.
DESIGN YOUR SPARKLE™, in its sole discretion, may terminate your access to and/or use of this Site if it believes that you have violated or acted inconsistently with these Terms, violated the rights of DESIGN YOUR SPARKLE™ or any third party, or for any reason with or without notice to you.
Limitation of Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT DESIGN YOUR SPARKLE™ WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DESIGN YOUR SPARKLE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF ANY KIND, RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET OR DEVICE FAILURE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS. IN ANY EVENT, DESIGN YOUR SPARKLE™’s ENTIRE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE LESSER OF: (A) $100.00 (ONE HUNDRED DOLLARS) OR (B) THE TOTAL AMOUNT OF PURCHASES YOU MADE THROUGH THIS SITE FOR THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE UPON WHICH YOUR CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DESIGN YOUR SPARKLE™ , ITS AFFILIATES’, BUSINESS PARTNERS’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW OF SAID JURISDICTION.
Accuracy, Completeness, and Timeliness of Information on This Site
Your dealings with other entities promoted on or through the Site are solely between you and such other entity. You agree that DESIGN YOUR SPARKLE™ will not be 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 promotion of such other entities on the Site.
You agree to indemnify, and hold harmless DESIGN YOUR SPARKLE™ and its affiliates, business partners, and its and their officers, directors, employees, independent contractors, and agents, from and against any third-party claims, actions, demands, costs, liabilities and expenses, including, without limitation legal and accounting fees, arising from or relating to your use of this Site, your breach of these Terms, or your posting or transmission of User Content, including without limitation, any third party claim that the User Generated Content you uploaded or posted infringes any copyright, trademark, trade name or patent right of a third party, defames or invades any right of publicity or privacy or otherwise infringes any other proprietary right.
ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT DESIGN YOUR SPARKLE™ AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY, DAMAGES, AND COSTS FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, RIGHT OF PUBLICITY, INJURY TO TANGIBLE PROPERTY OR REPUTATION, WRONGFUL DEATH AND PERSONAL INJURY. DESIGN YOUR SPARKLE™ RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.
DESIGN YOUR SPARKLE™ respects the intellectual property rights of others. Accordingly, DESIGN YOUR SPARKLE™ has a policy of terminating, in appropriate circumstances, the account of any user who repeatedly posts infringing material on this Site. Pursuant to the Digital Millennium Copyright Act (the “Act”), DESIGN YOUR SPARKLE™ has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the Act. If you believe your copyright is being infringed by a user of this Site, please forward the following to DESIGN YOUR SPARKLE™ ‘ designated copyright agent below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DESIGN YOUR SPARKLE™ ‘ to locate the material.
4. Information reasonably sufficient to permit DESIGN YOUR SPARKLE™ ‘ to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DESIGN YOUR SPARKLE™
ATTN: Marketing Dept. – DMCA Notice
P. O. Box 9162
Marina Del Rey, CA 90295
Consent to Processing
By providing any personal information to the Site, all users (including without limitation users in the European Union) fully understand and unambiguously consent to the collection, processing, transfer, and storage of such information in the United States and any other country where DESIGN YOUR SPARKLE™ or its service providers maintain offices.
Our Contact Information:
DESIGN YOUR SPARKLE™
P. O. Box 9162
Marina Del Rey, CA 90295
Effective Date: December 4, 2015