TERMS AND CONDITIONS

Nina Elle Jewels

 

Ownership of Site- Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Nina Elle Jewels web site located at www.ninaellejewels.com and all associated sites linked to www.ninaellejewels.com by Nina Elle Jewels. The Site is the sole property of Nina Elle Jewels and its license.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Nina Elle Jewels reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Nina Elle Jewels grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, provided by and contained on the site is owned, controlled or licensed by or to Nina Elle Jewels and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Nina Elle Jewels's prior written consent.

You’re Use of the Site
You may not probe, scan or test the vulnerability of the Site or any network connected to the site, nor breach the security or authentication measures on the site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the site, or any other customer of Nina Elle Jewels including any Nina Elle Jewels account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site. You may not use the site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of with Nina Elle Jewels or others.

Purchases
Other Terms and Conditions Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site and Nina Elle Jewels, including promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the site or the specific service. Nina Elle Jewels may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, Nina Elle Jewels makes no commitment to update the materials on the site with respect to such products and services. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

Custom Orders/Designs
Nina Elle Jewels welcomes all custom orders at no additional customization fee. Unless otherwise specificed in writing prior to pruchase all custom designs are owned, controlled or licensed by or to Nina Elle Jewels and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Nina Elle Jewels reserves the right to photograph, advertise and display all and any work completed before during and after each purchase.

Accounts, Passwords and Security
Certain features or services offered on or through the site may require you to open an account (including setting up a Nina Elle Jewels account and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you’re failing to keep this information secure and confidential. You agree to notify Nina Elle Jewels immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Nina Elle Jewels or any other user of or visitor to the site due to someone else using your Nina Elle Jewels password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Nina Elle Jewels password or account at any time without the express permission and consent of the holder of that Nina Elle Jewels account, password or account. Nina Elle Jewels cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
Nina Elle Jewels Privacy Policy applies to use of this site, and its terms are made a part of these Terms of Use by this reference. To view Nina Elle Jewels Privacy Policy, click here. Additionally, by using the site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Nina Elle Jewels site This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Nina Elle Jewels control, and Nina Elle Jewels is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers
Nina Elle Jewels DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Nina Elle Jewels CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Nina Elle Jewels DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nina Elle Jewels DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Nina Elle Jewels SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST Nina Elle Jewels FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Nina Elle Jewels reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason; (2) to modify or change the site, or any portion of the site, and any applicable policies or terms; and (3) to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Nina Elle Jewels be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Nina Elle Jewels has been advised of the possibility of such damages. Indemnity You agree to indemnify and hold Nina Elle Jewels its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Nina Elle Jewels by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Nina Elle Jewels may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Nina Elle Jewels rights or property, or the rights or property of visitors to or users of the Site, including Nina Elle Jewels customers. Nina Elle Jewels reserves the right at all times to disclose any information that Nina Elle Jewels deems necessary to comply with any applicable law, regulation, legal process or governmental request. Nina Elle Jewels also may disclose your information when Nina Elle Jewels determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Nina Elle Jewels preserve any transmittal or communication by you with Nina Elle Jewels through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Nina Elle Jewels determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Nina Elle Jewels, its employees, users of or visitors to the Site, and the public. You agree that Nina Elle Jewels may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nina Elle Jewels for which monetary damages would be inadequate, and you consent to Nina Elle Jewels obtaining any injunction or equitable relief that Nina Elle Jewels necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nina Elle Jewels may have at law or in equity. You agree that Nina Elle Jewels may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Nina Elle Jewels does take any legal action against you as a result of your violation of these Terms of Use, Nina Elle Jewels will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Nina Elle Jewels. You agree that Nina Elle Jewels will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in San Diego, California, and waive any objection to such jurisdiction or venue.

Void Where Prohibited

Nina Elle Jewels administers and operates the www.ninaellejewels.com Site from its location in San Diego, California USA; other Nina Elle Jewels sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Nina Elle Jewels reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Nina Elle Jewels with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and  Nina Elle Jewels with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Nina Elle Jewels will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Nina Elle Jewels failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Nina Elle Jewels of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Nina Elle Jewels and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.