TERMS AND CONDITIONS
PRODUCT AVAILABILITY AND PRICING
If the Products you were interested in is no longer available, call us and we can tell you when the item will be back in stock, or we can help you find a similar one. There are times when a product may be sold before we are able to remove it from the site. If this happens and you order an item that is no longer available, you will be contacted so that we can help you find something similar.
Data, including prices, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience that this may cause. If you have any questions, please do not hesitate to contact us at firstname.lastname@example.org or 917.915.3080.
OWNERSHIP AND COPYRIGHT
This Site is owned and operated by Gemhouseusa.com. Unless otherwise noted, all design and content included on this web site, including text, graphics, logos, icons, images, artwork, audio and video clips and software (“Content”) is the property of Gem House USA(or is used under license to Gem House USA) and is protected by United States and international copyright laws. GEM HOUSE USA reserves all right, title and interest in and to such Content.
GEM HOUSE USA, GEMHOUSEUSA.COM, and other marks indicated on GEM HOUSE USA web site(s) are trademarks and/or service marks of GEM HOUSE USA or its affiliates. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress GEM HOUSE USA trademarks, service marks and trade dress may not be used in connection with any product or service that is not GEM HOUSE USA, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits GEM HOUSE USA. All other trademarks related to the products sold on this web site are the sole property of their respective owners.
USE OF WEB SITE
GEM HOUSE USA web site(s) and content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of any GEM HOUSE USA web site or its content other than for personal and non-commercial purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of any GEM HOUSE USA web site. However, you may download, electronically copy and print any of the content of a GEM HOUSE USA web site for your personal, non-commercial use only. This is a revocable license, not a transfer of title, and is subject to the restrictions that you may not (a) modify the content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use any GEM HOUSE USA, web site in any manner that may be harmful to the operation of the web site or its content.
MODIFICATIONS TO SITE
GEM HOUSE USA reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that GEM HOUSE USA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
By submitting your information to GEM HOUSE USA, you are defaulted to an opt-in status (except for regions outside of U.S.) which will apply for all email communications with GEM HOUSE USA, including administration, marketing, event planning, email discussion lists, and other uses as described on the gemhouseusa.com.
You can view and change your opt-in status at any time from your account on gemhouseusa.com, but always have the opportunity to opt-out via a link in the footer of all non-transactional email messages sent by gemhouseusa.com. Alternatively, you can email us at email@example.com. Some communications (e.g., important account notifications and billing information) are considered transactional and are necessary for all GEM HOUSE USA customers.
COMMENTS AND SUGGESTIONS
We appreciate hearing from our customers and welcome your comments and suggestions regarding GEM HOUSE USA web site(s) and the products offered for sale by GEM HOUSE USA, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that GEM HOUSE USA policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. GEM HOUSE USA values your feedback on our products and our service but requests that you be specific in your comments and not submits creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send to GEM HOUSE USA will become the property of GEM HOUSE USA and shall not be subject to any obligation of confidentiality on the part of GEM HOUSE USA. GEM HOUSE USA shall not be liable for any use or disclosure of any such feedback, comments or suggestions. GEM HOUSE USA shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
GEM HOUSE USA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify GEM HOUSE USA of your infringement claim in accordance with the procedure set forth below.
GEM HOUSE USA will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.
To be effective, the notification must be in writing and contain the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
· a description of the copyrighted work or other intellectual property that you claim has been infringed;
· a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
· your address, telephone number, and email address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
· your physical or electronic signature;
· identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
· your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within [New York County, New York] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, GEM HOUSE USA will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at [Client’s] sole discretion.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, GEM HOUSE USA has adopted a policy of terminating, in appropriate circumstances and at GEM HOUSE USA’s sole discretion, members who are deemed to be repeat infringers. GEM HOUSE USA may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
GEM HOUSE USA makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, the colors we use, as well as the display and color capabilities of your computer monitor, will affect the colors that you actually see on your screen. GEM HOUSE USA cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. In addition, GEM HOUSE USA does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While GEM HOUSE USA makes every effort to ensure that our products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, GEM HOUSE USA reserves the right to refuse sale that item. If the pricing error is discovered after payment has been finalized, GEM HOUSE USA reserves the right to cancel the sale and refund the transaction in full. If a product offered by GEM HOUSE USA is not as described, your sole remedy is to return it in unused condition.
GEM HOUSE USA web site(s) contain links to web sites that are not maintained by GEM HOUSE USA. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link in this web site does not imply GEM HOUSE USA’s endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIALS AND INFORMATION PROVIDED BY GEM HOUSE USA ON ANY OF ITS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEM HOUSE USA, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS WEB SITE(S) OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON ITS WEB SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF ALL GEM HOUSE USA WEB SITES(S) IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GEM HOUSE USA DISLCAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEM HOUSE USA DOES NOT WARRANT THAT IT’S WEBSITE(S), ITS SERVERS, OR EMAIL SENT FROM GEM HOUSE USA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEM HOUSE USA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
This disclaimer of liability applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also specifically acknowledge that GEM HOUSE USA is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties.
The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you any have additional rights. However, in no event shall GEM HOUSE USA aggregate liability to you for all claims, damages, losses, and causes of action exceed the amount paid to GEM HOUSE USA by you for accessing GEM HOUSE USA 's web site(s).
CUSTOMER SATISFACTION IS OUR PRIORITY