We reserve the right to make changes to these Terms at any time by posting updated versions of these Terms. Each time you use the AYVA Jewelry Sites, you should access and review our then-current Terms that apply to your use of the AYVA Jewelry Sites and any transactions you make while on our AYVA Jewelry Sites. If you do not agree with these Terms or if you are dissatisfied with the AYVA Jewelry Sites’ content, you agree that your sole and exclusive remedy is to discontinue using the AYVA Jewelry Sites.
Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the AYVA Jewelry Site and Site Content on your computer or other device, provided that you comply fully with these Terms. The AYVA Jewelry Site and Site Content are for your personal, educational and non-commercial use only. No part of the AYVA Jewelry Sites or Site Content (or any of our products advertised or sold on the Sites) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
TRADEMARKS INTELLECTUAL PROPERTY
All trademarks, service marks, and trade names, including “AYVA”, on the AYVA Jewelry Sites (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, AYVA Jewelry or other owners that have granted AYVA Jewelry the right and license to use such Marks. AYVA Jewelry owns all right, title and interest in the AYVA Jewelry Sites. All text, content, themes, objects, concepts, artwork, musical compositions, methods of operation, moral rights, graphics, interfaces, real-time chat transcripts, and the look and feel, selection and arrangement, design and organization of the AYVA Jewelry Sites, and the compilation of the content, computer code, data and materials (collectively, the “Content”) on the AYVA Jewelry Sites are copyrighted works owned by AYVA Jewelry. AYVA Jewelry reserves all rights, including without limitation of all intellectual property or other proprietary rights, in connection with its Marks, the Content and the AYVA Jewelry Sites.
DOWNLOAD LIMITATION AND OTHER RESTRICTIONS
You may only download Content displayed on the AYVA Jewelry Sites for non-commercial, personal use, provided you also retain all copyright, trademark and other proprietary notices contained in the Content, do not modify, alter, transfer or sell the Content and do not copy or post the Content on any network computer or broadcast the material in any media, including social media websites or other media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content of the AYVA Jewelry Sites, including the text, images, audio and/or video for public or commercial purposes, without written permission from an authorized representative of AYVA Jewelry. It is strictly prohibited to download the images of the products for sale within any of the AYVA Jewelry Sites.
You may not: (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; (b) send chain letters or pyramid schemes via any AYVA Jewelry Site; (c) decompile, disassemble or reverse-engineer any AYVA Jewelry Site or any portion thereof or (d) attempt to gain unauthorized access to any AYVA Jewelry Site, any portion thereof or any other computer servers or systems through any AYVA Jewelry Site. You agree that you will not use any AYVA Jewelry Site in any manner that could damage, disable, overburden, or impair the AYVA Jewelry Site or interfere with any other individual’s use and enjoyment of the AYVA Jewelry Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AYVA Jewelry Sites.
We have attempted to accurately depict the colors of the products offered on the AYVA Jewelry Sites. Nonetheless, the color you see is dependent upon your computer monitor. We cannot, and do not, guarantee that the color you see will be accurate. Products may appear larger or smaller than their actual size. Some images have been enlarged to show detail.
AYVA Jewelry may offer on one or more of the AYVA Jewelry Sites the opportunity for users to post or submit content created by users in various forms, including without limitation video, communications, images, sounds, endorsements, data, music, graphics, and other material or information that you upload or transmit through a AYVA Jewelry Site, including any chat text (collectively, “User Content”). Users are solely responsible for their use of such interactive areas of any AYVA Jewelry Site and use them at their own risk. You may only post or submit User Content on areas of the AYVA Jewelry Site where AYVA Jewelry has given you permission to do so, and by posting User Content or by submitting the same to us with the knowledge that your submission may be uploaded by us, you (a) grant to AYVA Jewelry and its designees a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sublicense able right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Content throughout the world in any and all media, now known or hereafter devised; (b) grant AYVA Jewelry and its affiliates and sub-licensees the right to use the name that you submit in connection with such User Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise submit or distribute, or you otherwise have the lawful right to post or otherwise submit or distribute such User Content to or through the Site; (ii) the User Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. You grant us the right to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.
User Content submitted to AYVA Jewelry is deemed non-confidential and we are under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use the User Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for User Content or to attribute authorship of User Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, use, modification, deletion and exploitation of the User Content by AYVA Jewelry or its agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you release AYVA Jewelry from any claims that you could otherwise assert against AYVA Jewelry by virtue of any moral rights.
SUBMISSION OF USER CONTENT TO US, USE OF INTERACTIVE AREAS
By submitting or uploading User Content or otherwise using any interactive area on any of the AYVA Jewelry Sites, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the AYVA Jewelry Sites any of the following:
- Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that promotes illegal drug use, tobacco or firearms use;
- Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited advertising or links to other commercial sites;
- Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the interactive area(s) in which such content is posted;
- Content that communicates messages inconsistent with the positive good will of AYVA Jewelry; or
- Content that, in the sole judgment of AYVA Jewelry, is objectionable, or which may expose the AYVA Jewelry Sites or its users to any harm.
AYVA Jewelry takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is AYVA Jewelry liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. AYVA Jewelry is not liable for any statements, representations or User Content provided by its users on the Sites. Although AYVA Jewelry has no obligation to screen, edit or monitor any of the User Content posted to or distributed through any interactive area of the AYVA Jewelry Sites, AYVA Jewelry reserves the right, and has sole discretion, to remove without notice any User Content posted or stored on the AYVA Jewelry Sites.
Any use of the AYVA Jewelry Sites in violation of these Terms may result in termination or suspension of your permission to access or use the AYVA Jewelry Sites.
AYVA Jewelry does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, product or service enhancements, processes, materials, marketing plans or new product or services names. Do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Unsolicited Submissions”) in any form to AYVA Jewelry, via the AYVA Jewelry Sites or otherwise. If, despite our request, you still send, post, or otherwise submit to AYVA Jewelry any Unsolicited Submissions, then regardless of what your communication might say, the following terms shall apply to your Unsolicited Submissions: You Agree that: (1) your submissions and their contents will automatically become the property of AYVA Jewelry, without any compensation to you; (2) AYVA Jewelry may use or redistribute your submissions and their contents for any purpose and in any way; (3) there is no obligation for AYVA Jewelry to review your submissions; and (4) there is no obligation to keep any submission confidential.
ONLINE ACCOUNT REGISTRATION
To make online shopping faster and easier, you may register with the AYVA Jewelry Sites. If you register, we may issue you, or enable you to establish, a username and password. Using your user name and password, you may access your account online at any time to add, delete or change information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify AYVA Jewelry when you desire to cancel your account for any AYVA Jewelry Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
PRICING AND SALES TAX POLICY
All prices listed on this site are in U.S. dollars. Online prices and selection generally match those in stores. Prices and availability of products and services may change due to market conditions and without notice. We endeavor to avoid errors in pricing and product information. Nonetheless, errors occur and will be corrected when discovered. AYVA Jewelry reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Generally, all sales are nonreturnable and nonrefundable. Use of the AYVA Jewelry Sites is also governed by AYVA Jewelry Lowest Price Guarantee Policy, which is incorporated herein by reference.
AYVA Jewelry collects and remits sales tax as required under California law, for transactions on the AYVA Jewelry Sites.
You may pay for your orders with Visa®, MasterCard®, American Express®, and PayPal. Your payment method will be charged in full when during check out. If you ordered a special delivery item or make any modifications to the product, your payment method will be charged when you check out. In case of returns and refund the payment will be credited back to the same payment method that was used to pay for the product.
Unlike credit or debit cards, promotional codes whether on digital coupons or provided by AYVA Jewelry in some other manner, are debited at the time an order is placed. Promotional codes will automatically be redeemed up to the total purchase amount. Promotional codes must be used prior to their expiration date and within a single transaction. Neither promotional codes nor digital coupons will be replaced if they are lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon or code value, the excess value of the coupon or code will not be refunded. For more information, review details of each respective digital coupon or promotional code offer.
After you place an order using our shopping cart, we, or a third-party processor acting as our agent, will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserves the right at any time after receipt of your order to accept or decline your order for any reason. All sales made through the AYVA Jewelry Sites are subject to AYVA Jewelry return policy.
COPYRIGHT COMPLAINT POLICY
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below and contact us via the “contact us” link on this AYVA Jewelry Site, and insert, “Copyright Infringement” in the body of your message.
Please provide the following information in the following order:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Sites, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the AYVA Jewelry Sites of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
USE BY CHILDREN
The AYVA Jewelry Sites are general audience sites. The AYVA Jewelry Sites are not targeted for use by children under the age of 18. Users under the age of 18 should always ask their parents or guardians for permission before using the AYVA Jewelry Sites.
THE AYVA JEWELRY SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AYVA JEWELRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AYVA JEWELRY SITES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AYVA JEWELRY SITES DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN ANY AYVA JEWELRY SITE OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AYVA JEWELRY OR THROUGH ANY AYVA JEWELRY SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, AYVA JEWELRY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH A AYVA JEWELRY SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE AYVA JEWELRY SITE. YOU SHOULD NOT RELY ON AYVA JEWELRY SITES TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE AYVA JEWELRY SITES FAIL OR ARE UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AYVA JEWELRY OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM ANY SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY USER CONTENT SUBMITTED TO THE AYVA JEWELRY SITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.
These Terms and the relationship between you and AYVA Jewelry shall be governed in all respects by the laws of the state of California, U.S.A., without regard to conflicts of law provisions. You agree that the exclusive jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to any AYVA Jewelry Site or these Terms shall be in the state or federal courts located in Contra Costa County, California, U.S.A., and you agree to submit to the personal and exclusive jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to any AYVA Jewelry Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. AYVA Jewelry’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Each AYVA Jewelry Site is controlled and operated in the United States of America. The Sites may not be available to individuals or companies outside of the United States. AYVA Jewelry makes no representation that materials on any AYVA Jewelry Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access a Site from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws.
Feel free to contact us if you have more questions.
P.O. BOX 2431
SAN RAMON CA 94583