OWNERSHIP OF SITE & AGREEMENT TO TERMS AND CONDITIONS OF USE
By accessing the Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed by the laws of California, USA. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the USA and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
Gem Hooray offers information on our products and the ability to place your order for such products. Order acceptance and the completion of a contract between you and Gem Hooray (“Contract”) will take place only when you make full or part payment at checkout, unless you cancel the order prior to completion, or we do not accept it or later cancel the order in accordance with our terms below. For orders placed at our retail store, a contract of sale occurs at the point of full or part payment.
If you place an order from USA, the Contract is between you and Gem Hooray. If you place an order from anywhere else in the world the Contract is between you and Gem Hooray. You agree to pay the amounts displayed to you at the time of purchase, as well as any applicable taxes and fees.
CHANGES TO WEBSITE, SOFTWARE AND SERVICES
Gem Hooray reserves the right to do any of the following, at any time, without notice or liability:
a. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, (temporarily or permanently) for any reason;
b. to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
c. 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.
d. change, remove, or discontinue any jewelry or other product design ("Design"), product, service, or promotion (including pricing) as advertised on the Site at any time without notice and you confirm that Gem Hooray shall not be liable for any such change or removal.
Change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Gem Hooray shall not be liable for any such change or removal.
Please note that your continued use of the Site following any changes shall be deemed to be your acceptance of such change. Gem Hooray shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
INTELLECTUAL PROPERTY RIGHTS & CONTENT OF THE SITE
The content on the Site, other than User Submissions (as defined below), including the text, trademarks, slogans, graphics, and photos created by and for Gem Hooray and interactive features, as well as the “look and feel” of the Gem Hooray Site (collectively “Content”), the related copyrights, trademarks, logos and other intellectual property rights contained therein (“Marks”), and all intellectual property rights, including copyright and design rights, in the product Designs, are owned by or licensed to Gem Hooray subject to copyright and other intellectual property rights.
Content on the Site is provided to you on an “AS IS” basis for your information and personal use only without any representations or warranties being made by Gem Hooray regarding the Content.
You agree to not engage in the use, copying, reproduction, transmission, broadcast, display, distribution, sale, licensing or otherwise exploitation of any of the Site's Content or User Submission (as defined below) other than expressly permitted herein. Gem Hooray reserves all rights not expressly granted in and to the Site and the Content contained therein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Site or the Content therein. You are prohibited from accessing the Site or using the Services for the purpose of creating any competing product or service.
You acknowledge and agree that any materials, including, but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site or Services that you provide via email or other means ( “Feedback”) are non-confidential and shall become the sole property of Gem Hooray.
You hereby assign to Gem Hooray the exclusive rights, including all intellectual property rights, in all Feedback and Gem Hooray shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
YOUR USE OF THE SITE
You agree not to implement or use automated systems including “robots”, “spiders”, or similar programs or devices that access the Site in any way to send more request messages to the Site servers in a given period of time than a human using a conventional web browser can in that same period of time. Nonetheless, Gem Hooray grants permission to the operators of public search engines to use spiders to copy material from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Gem Hooray reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to use, distribute or collect anyone else's personally identifiable information including email addresses, account names, or other User Submissions (as defined below) from the Site. In addition, you agree not to use communication systems available on the Site for any commercial solicitation purposes.
You also agree that you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
The Site contains material including ideas, suggestions, opinions, observations, text, data, photographs, audio, sound, chat, messages, comments and files posted by other users or submitted to us by users (collectively “User Submissions”). Due to the interactive nature of User Submissions Gem Hooray does not assume responsibility for them. User Submissions are not endorsed by Gem Hooray and we make no guarantee or representation with respect to the accuracy, reliability or quality of the User Submissions on the Site. You agree to bear all risks related to your use of User Submissions, including any reliance on the accuracy, completeness and usefulness of such User Submissions. All User Submissions on the Site are the sole responsibility of the person who originally posted it, thus your sole recourse for any damage you may suffer as a result of User Submissions shall be to the person who originally posted the User Submission. Gem Hooray expressly disclaims any and all liability in conne ction with User Submissions. You represent and warrant that the posting and use of your User Submissions, including to the extent such User Submissions include any name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
You alone are responsible for your own User Submissions and the consequences of posting or publishing them on the Site. You retain all of your ownership rights in your User Submissions. By uploading any User Submissions, you hereby grant Gem Hooray and other third parties the non -exclusive, perpetual and sub-licensable right to use and re-share such User Submissions, including photos or videos shared on any social platform which may be associated with Gem Hooray's brand hashtags, including, without limitation to, #Gem Hooray, (collectively , the “Gem Hooray Hashtags”), or tagged with the @Gem Hooray account. You acknowledge and agree that the User Submissions may be used in any physical or digital Gem Hooray owned space, including, without limitation to, retail locations, emails, social platforms, digital or physical advertisements and GEMHOORAY.COM. You also hereby grant Gem Hooray permission to use and authorize others to use your name or social media handle in association with the Us er Submissions for identification, publicity related to the Site or Services and similar promotional purposes.
If you choose to post User Submissions on the Site you agree to adhere to generally accepted rules of etiquette and standards of behavior, and you agree that your use of the Site will respect the legal rights of users of/connected with the Site. You understand that the Site does not guarantee any confidentiality with respect to User Submissions.
Gem Hooray expressly disclaims any and all liability in connection with User Submissions. Gem Hooray reserves the right to terminate a user’s access to the Site, and remove Content and User Submissions in its sole discretion and without prior notice.
The following rules of conduct apply to your use of the Site and to any and all materials you post on the Site, including User Submissions wherever they may be on the Site.
You may not, in connection with the Site:
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
Infringe or violate any patent, copyright, trademark or other intellectual property right;
Breach a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Harass, abuse, threaten, cause harm, be vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
Post material/User Submissions that may constitute a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
Violate or encourage others to violate any applicable law, statute, ordinance or regulation;
Promote software or services that deliver unsolicited e-mail; or contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; or
Use the Site of Services to spam any third-party.
You may not, except with Gem Hooray’s express advance authorization or in a specially designated area, use the Site to:
- Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
Engage in commercial activities within the Site with third parties;
Harm minors in any way;
Solicit personal information from anyone under 18;
- Provide false or deceptive information;
Use the Site’s content to engage in commercial activities;
Delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
In your use of and interactions with the Site, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design . Gem Hooray reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Site in a way that constitutes copyright infringement, send us a written communication that includes substantially the following (please consult your legal counsel or the Copyright Act to confirm the below requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
600 N Diamond Bar Blvd STE 200. Diamond Bar, CA 91765. U.S.A.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Termination of your Gem Hooray account may include all or some of the following: (a) removal of your access to all pages within the Site; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in Gem Hooray's sole discretion and that Gem Hooray shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
LIMITATION OF LIABILITY
IN NO EVENT SHALL GEM HOORAY, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, SHAREHOLDER, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THE SITE, BE LIECT TO ANY DIR, , INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES , OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULTANY OF YOUR USE OF USE OF CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GEM HOORAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by
Gem Hooray from its facilities in California, USA. Gem Hooray makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
In consideration for your use of the Site, you represent that you are at least eighteen years of age or possess legal parental or guardian consent and are not a person barred from receiving services under the laws of the U.S.A. or other applicable jurisdiction.
The Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
SEVERABILITY AND SURVIVAL OF TERMS
It is the express wish of the parties that this agreement and all related documents be drawn up in English.
Gem Hooray is committed to making our Site and Content accessible and user friendly to everyone.
If you are having difficulty viewing or navigating the Content on this Site, or have a suggestion on how to make the Site more accessible to people with disabilities, please contact us at 660 N Diamond Bar Blvd. STE 200, Diamond Bar, CA 91765, USA Or via text at +1 (909)-815-0366.