Chunky Jewelry Organizer Co.

Terms of Use

 

Welcome to the www.chunkyjewelryorganizer.com Website (the “Site” or “Website”).  Chunky Jewelry Organizer Co. is an Illinois corporation (“Organizer” or the “Company”), provides products to you (the “User” or, collectively, “Users”). The product provided through the Site are subject to the notices, terms, and conditions set forth in this document (the "Agreement”), and our Privacy Policy (the “Privacy Policy”), both of which may be modified from time to time in accordance with their respective terms.  Please read this Agreement and the Privacy Policy carefully before using the Site. This Agreement sets forth legally binding terms and conditions for your use of the Site. The Company reserves the right to change the Site and the Agreement at any time. Your use of this Site is expressly conditioned on your compliance with and acceptance of the following terms and conditions. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND THE RELATED PRIVACY POLICY. THEREFORE, PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THE SITE.  

 

• Ownership; content; license

The Site, and each of its components, is the copyrighted property of the Company. None of the content or data found on the Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of the Company. In addition, the logos, slogans, trade names and product marks displayed on this Website (collectively, the “Marks”). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks without the written permission of the Company or such other party that may own the Mark. All text, graphics, button icons, images, audio clips, and software displayed on the Site (collectively, "Content"), belongs exclusively to the Company. The collection, arrangement, and assembly of all Content on the Site (the "Compilation") belongs exclusively to the Company. All software used on this Site (the "Software") is the property of the Company or its Software suppliers. The Content, the Compilation, and the Software are all protected by U.S. and international copyright laws. The Company grants to each User of the Site a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is prohibited without prior written authorization from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use in any way.

 

2. Submission

“User Submissions” means all narratives, comments, feedback, suggestions, written materials of any kind, photos, songs, performances, pictures, e-mail and similar information or materials that you submit to the Company.

 

The sender of any information to the Company is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

 

3. Use of Site

As a condition of use, you promise not to use the Site for any purpose that is prohibited by the Agreement or any applicable law. Subject to the terms and conditions of the Agreement, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by the Company in writing and in advance. Any breach of the Agreement shall result in the immediate revocation of the license granted herein without notice to you.

 

Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by the Company in writing. You may not make any commercial use of any of the information provided on the Site or make use of the Site for the benefit of another business unless explicitly permitted by the Company in advance. The Company reserves the right to refuse service, terminate accounts, withdraw estimates, and/or cancel orders at its discretion, including, without limitation, if the Company believes that customer conduct violates applicable law or is harmful to the Company’s interests.

 

Additionally, you shall not: (a) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (b) interfere or attempt to interfere with the proper working of the Site or any activities conduced on the Site; (c) bypass any measures the Company may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site); (d) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site; (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (f) take any other action with affects the integrity of the Site or collects any data or information from the Site.

 

You shall not directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site; (b) modify, translate, or otherwise create derivative works of any part of the Site; or (c) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

 

4. Privacy policy

Please review the Company’s Privacy Policy, the terms of which are incorporated herein, which also governs your visit to the Site, to understand the Company’s practices.

 

5. Termination and effect of termination

In addition to any other legal or equitable remedies, the Company may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under the Agreement. Upon any termination of the Agreement, you shall immediately cease all access to and use of the Site. Any termination of the Agreement shall not affect the respective rights and obligations (including, without limitation, payment obligations, if any) of the parties arising before the date of termination.

 

6. International Access

The Site may be accessed from countries other than the United States. The Site may contain products or references to services and products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the Site outside the United States you are responsible for complying with your local laws and regulations.

 

7. Disclaimer and limitation of liability

Company shall not be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access, use, or inability to use our Site or any sites linked to our Site, or any errors or omissions in the content of any or all such sites whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The content provided on our Site is provided as is without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

 

Company does not warrant the accuracy and completeness of the content on our Site. Company may make changes to the Material and services on our Site at any time without notice. You acknowledge and agree that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, we do not guarantee, and shall have no liability for, any unavailability of the Site (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located or co-located. Because we do not control the security of the Internet or other networks you use to access the Site, we are not responsible for any data lost during transmission. The Material, products and services on our Site may be out of date and we make no commitment to update the Material, products and services on our Site. Information published on our Site may refer to products, programs or services that are not available in your company.

 

8. Indemnification

You shall defend, indemnify, and hold harmless the Company, its affiliates, and each of their employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to any of the following (the “Claims”): (a) your use of, inability to use, or activities in connection with this Site; (b) any violation of this Agreement or any other terms, conditions or policies by you or through any account you may have with this Site, including the representations and warranties set forth in this Agreement; (c) any transaction you may enter into through this Site; (d) any allegation that any Submission or other materials that you make available through this Site infringes or otherwise violates the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any other Site visitor, User, or customer, or any other third-party; and you will reimburse the Company on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claim(s). This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Website or remove user submissions from the Website.

 

9. Remedies

You agree that the Company’s remedy at law for any actual or threatened breach of the Agreement would be inadequate and that the Company shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that the Company may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

 

No right or remedy of the Company shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys' fees and expenses. No instance of waiver by the Company of the Company’s rights or remedies under these terms and conditions shall imply any obligation to grant any future waiver.

 

10. Integration and severability

This Agreement, the Privacy Policy, and other referenced material are the entire agreement between you and the Company with respect to the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Company with respect to the Site and govern the future relationship. If any provision of this Agreement, the Privacy Policy, or other referenced material is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the document in question will otherwise remain in full force and effect and enforceable.

 

11. Governing law

The laws of the state of Illinois will govern the Agreement, without giving effect to any principles of conflicts of laws.

 

12. Venue

This Agreement has been made entirely within the state of Illinois. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, venue will be in the federal or state courts in Chicago, Illinois.

 

13. Notice

All notices, requests, and other communications to the Company, including posting a notice on the Site, shall be in writing, shall be given to such party at its address set forth below or, where applicable, at the address of its registered agent. Each such notice, request, or other communication shall be deemed to have been duly given (a) as of the date of delivery, if delivered personally, (b) upon the next business day when delivered during normal business hours to a recognized overnight courier service, or (c) on the date of delivery or refusal shown on the receipt therefore if sent by United Stated certified or registered mail, return receipt requested and postage prepaid.

 

How to contact the company

If you have any questions or comments, please do not hesitate to contact the Company at info@chunkyjewelryorganizer.com.