Terms of Service
Effective Date: October 26, 2023
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Body Language Jewelry ("Company," "we," "us," or "our"), governing your access to and use of the website bodylanguagejewelry.com (the "Website"). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use the Website.
1. Definitions 1.1. "Website" refers to bodylanguagejewelry.com and all associated web pages, content, and services. 1.2. "User," "you," and "your" refer to any individual or entity accessing or using the Website. 1.3. "Body Language Jewelry," "we," "us," and "our" refer to the owner and operator of the Website.
2. Acceptance of Terms Your access to and use of the Website is expressly 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 Website.
3. Modifications to Terms Body Language Jewelry reserves the right, at its sole discretion, to modify or replace these Terms at any time. Should a revision be material, we will endeavor to 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. Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms.
4. Use of the Website (Acceptable Use) 4.1. The User agrees to utilize the Website solely for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party. 4.2. Prohibited activities include, but are not limited to: a. Uploading or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. b. Engaging in any conduct that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website. c. Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website. d. Using any automated system, including "robots," "spiders," or "offline readers," to access the Website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional web browser. e. Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
5. Intellectual Property Rights 5.1. All content present on the Website, including but not limited to designs, text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Body Language Jewelry or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 5.2. The compilation of all content on this site is the exclusive property of Body Language Jewelry and protected by U.S. and international copyright laws. 5.3. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes only. Any unauthorized use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site, is strictly prohibited. 5.4. By submitting any content (e.g., reviews, photographs) to the Website, you grant Body Language Jewelry a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
6. Product Information and Availability 6.1. Body Language Jewelry endeavors to provide accurate descriptions, pricing, and images of its products. However, we do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. 6.2. All product descriptions, pricing, and availability are subject to change without notice, at our sole discretion. 6.3. We reserve the right to refuse or cancel orders 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.
7. Third-Party Links The Website may contain links to third-party websites or services that are not owned or controlled by Body Language Jewelry. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
8. Disclaimer of Warranties THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BODY LANGUAGE JEWELRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BODY LANGUAGE JEWELRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
9. Limitation of Liability IN NO EVENT SHALL BODY LANGUAGE JEWELRY, 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 WEBSITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (III) ANY CONTENT OBTAINED FROM THE WEBSITE; 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.
10. Indemnification You agree to defend, indemnify, and hold harmless Body Language Jewelry 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