Term of services
Welcome to www.yourbijouxbox.com (the “Website”). This Website is maintained and operated by Your Bijoux Box (“Your Bijoux Box”, “We,” “Us,” or “Company”).
BY ACCESSING OR USING ANY PART OF THE WEBSITE (AS DEFINED BELOW), AS AN INDIVIDUAL OR AS A SINGLE USER ON BEHALF OF THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU” OR “YOUR” AS APPLICABLE) ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF SERVICE (“AGREEMENT”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. PRICE INFORMATION FOUND ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR BIJOUX BOX RESERVES THE RIGHT TO CHANGE THESE TERMS & CONDITIONS OF USE AT ANY TIME WITHOUT NOTICE.
ACCESS TO THE SERVICES. The YOUR BIJOUX BOX fashion, beauty and shopping network, websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other goods and/or services offered, owned or operated by YOUR BIJOUX BOX in connection therewith, are offered to you solely for your own use, and not for the use or benefit of any third party (collectively, the “Services”). The term “Services” shall include, without limitation, use of the YOUR BIJOUX BOX network websites and any goods or services YOUR BIJOUX BOX performs for you and the content, software, tools, and features offered by YOUR BIJOUX BOX on the YOUR BIJOUX BOX network YOUR BIJOUX BOX may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). YOUR BIJOUX BOX may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. YOUR BIJOUX BOX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING A NOTICE ON THE YOUR BIJOUX BOX WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS MODIFIED.
YOUR BIJOUX BOX does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to YOUR BIJOUX BOX or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at admin@YourBijouxBox.com.
You represent and warrant to YOUR BIJOUX BOX that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
The Services are offered by YOUR BIJOUX BOX from its facilities in the United States of America. YOUR BIJOUX BOX makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
FEES AND PAYMENT.
YOUR BIJOUX BOX reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. YOUR BIJOUX BOX reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement.
You may be able to purchase a subscription for Your Bijoux Box. Such purchases are governed by the Subscription Terms of Sale, which are detailed below.
SUBSCRIPTION TERMS OF SALE.
You may purchase a subscription to receive monthly shipments of curated items and/or any other offerings YOUR BIJOUX BOX may provide from time to time (each, a “Box”). The various subscription types available (each, a “Subscription”), and the pricing for each, are described here: https://YourBijouxBox.com/product/group-1. Subscriptions are available in a variety of lengths (each, a “Subscription Term”). For all Subscriptions, YOUR BIJOUX BOX expects to ship Boxes on or around the 7th of each calendar month, or the following business day if the projected shipment date is a holiday, and up to the 15th of each month. If you have chosen a monthly recurring Subscription type (“1 month Subscription”), for Your first month YOUR BIJOUX BOX will charge you the relevant monthly Subscription fee at time of sign-up. For each subsequent month, you will be charged at the beginning of that month. If you have chosen a Subscription of longer than one month (“Long-term Subscription”), the fee for the entire Subscription Term will be charged to you upon the sign-up of your Long-term Subscription. Subscription Term length cannot be changed until Subscription Term is up for renewal in accordance with Section 4 below.
YOUR BIJOUX BOX will charge the relevant fees for your chosen Subscription(s) to the credit card that you provide to us. If the credit card information you have provided is incorrect or incomplete, or YOUR BIJOUX BOX is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem; failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your Subscription or a particular delivery. Subscriptions may only be cancelled as expressly set forth in Section 4 below. If you believe you have purchased a Subscription in error, please contact us immediately at contact @YourBijouxBox.com. If you dispute any payment made hereunder, you must notify Your Bijoux Box in writing within thirty (30) days of such payment at contact@YourBijouxBox.com. Failure to so notify Your Bijoux Box shall result in the waiver by you of any claim relating to such disputed payment.
YOUR BIJOUX BOX reserves the right to change the prices and available Subscriptions at any time, upon notice to you, provided that any Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. For avoidance of doubt, the Subscription Term of a 1 Month Subscription is one (1) month. Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
At the end of a Subscription Term, each Subscription will automatically renew for additional Subscription Terms, unless you provide YOUR BIJOUX BOX with five (5) days notice of cancellation prior to the end of the then-current Subscription Term (“Notice Period”). For clarity, if you purchased a three (3) month Subscription, and you do not notify YOUR BIJOUX BOX within five (5) days of the end of the initial three (3) month Subscription Term, your Long-term Subscription will automatically convert to another three month Subscription at the conclusion of the initial three (3) month term, and you will be charged at the then-current three month Subscription rate just prior to YOUR BIJOUX BOX shipping the first Box of the renewal Term. Sales tax is calculated for renewal Term at time of charge.
Notwithstanding anything else to the contrary, if you have purchased a Subscription as a gift and have designated it as such as allowed by our payment process (a “Gift Subscription”), such Gift Subscription will automatically terminate at the end of its initial Subscription Term.
YOUR BIJOUX BOX may limit quantities of or cancel Subscriptions purchased, and we reserve the right to refuse any order. In the event YOUR BIJOUX BOX needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made.
Boxes are shipped by a third party carrier. As a result, title and risk of loss for a Box will pass to you upon our delivery to the carrier.
The contents of each Box are selected by YOUR BIJOUX BOX. Unfortunately, we don’t allow returns or substitutions of anything in your Box. If you receive a Box with damaged or incomplete contents, please contact us at contact@YourBijouxBox.com. within three (3) weeks following shipment of your Box. If you receive a Box with damaged contents you will need to include photographic evidence documenting the damaged product in order to receive a replacement product.
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While YOUR BIJOUX BOX makes every effort to ensure that the information on the YourBijouxBox website and/or contained in your Box is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Your Bijoux Box website and/or contained in your Box. YOUR BIJOUX BOX makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, YOUR BIJOUX BOX disclaims any responsibility in connection with your use of the contents contained in each Box, any and all such use shall be at your own risk.
YOUR BIJOUX BOX may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotion codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotion codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotion codes cannot be replaced. Limit one promotion code per customer. Promotion codes are void where prohibited. Any promotional program may be terminated or modified by YOUR BIJOUX BOX at any time in its sole discretion.
YOUR BIJOUX BOX may, from time to time in its sole discretion, elect to conduct a drawing to randomly select potential prize winners who shall be eligible to receive a special prize to be included in a Box prior to shipment (a “Your Bijoux Box Giveaway”). NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASING A YOUR BIJOUX BOX SUBSCRIPTION DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF YOUR BIJOUX BOX SUBSCRIBERS. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. AFFIDAVIT OF ELIGIBILITY AND RELEASE OF LIABILITY FORMS MAY BE REQUIRED. Only Your Bijoux Box Subscription holders who are at least eighteen (18) years of age and who are permanent, legal residents that reside in one of the fifty (50) states of the United States of America or the District of Columbia are eligible to receive a prize. Any Your Bijoux Box Subscription holders who are employees of YOUR BIJOUX BOX are ineligible to receive a prize. Notwithstanding the foregoing, you do not have to be a Your Bijoux Box Subscription holder to be eligible to receive a prize. On a plain 3” x 5” index card, legibly handprint or type your first name, last name, date of birth, complete address, city, state, zip code, home phone number (including area code), and email address (if any) and mail your completed 3” x 5” card to: “YOUR BIJOUX BOX. Your Bijoux Box Prize Giveaway”, 4660 Beechnut Street, Suite 221, Houston, TX, 77096(the “Alternative Method of Entry”). You need only send in one card to be eligible for any Your Bijoux Box Giveaway. Regardless of method of entry, there is a limit of one (1) entry per person. Prior to shipment of the Boxes for a given month, YOUR BIJOUX BOX will conduct a drawing to select the potential prize winners who shall be randomly selected from all Your Bijoux Box Subscription holders and entries from the Alternative Method of Entry. All winners of a prize shall be responsible and liable for all federal, state and local taxes on the value of their prize. The decisions of YOUR BIJOUX BOX are final and binding in all matters relating to any Your Bijoux Box Giveaway. YOUR BIJOUX BOX reserves the right, in its sole discretion and without notice, to suspend or cancel any Your Bijoux Box Giveaway.
During the sign-up process for a Your Bijoux Box Subscription you might receive the unfortunate news that Boxes for the next month, or the next few months are already sold out. As a result, we’ve created the Your Bijoux Box Wait List. By electing to participate in the Your Bijoux Box Wait List you will be eligible for the chance to receive a Box for an earlier month. For example, if you sign-up for a Subscription in January and learn that the next available month’s Box is not until March, you may put your name on a Wait List to receive the earlier of a January, February or March Box should one become available. If you do move from the Your Bijoux Box Wait List and become an active customer, your purchased Subscription will commence at that time.
By electing to participate in the Your Bijoux Box Wait List Program you understand and accept that putting your name on a Your Bijoux Box Wait List does not guarantee that you will receive a Box for an earlier month. A Your Bijoux Box Wait List may remain active for any length of time and may be closed by YOUR BIJOUX BOX at any time with or without advance notification to participants. YOUR BIJOUX BOX makes no representation whatsoever that a Box for any given month may become available. Your Bijoux Box Wait List orders will be fulfilled automatically to the extent inventory should become available. YOUR BIJOUX BOX will alert you by email of the fulfillment of a Box for an earlier month and your account information will be updated to reflect the earlier month’s Box as your first shipment. By placing your name on a Your Bijoux Box Wait List, participants agree that YOUR BIJOUX BOX may fulfill the order and charge the credit card on file at the time of Subscription sign-up, regardless of which month’s Box the participant ultimately receives for his or her first month. However, at no time will the month of the first Box that you receive be later than the one posted on the Subscription order page at the time of sign-up.
WEBSITE AND SERVICES CONTENT. The Services, and their contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by YOUR BIJOUX BOX in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations and video (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Services for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from YOUR BIJOUX BOX, or from the copyright holder identified in such Content’s copyright notice. If you link to the Services, YOUR BIJOUX BOX may revoke your right to so link at any time, at YOUR BIJOUX BOX’s sole discretion. YOUR BIJOUX BOX reserves the right to require prior written consent before linking to the Services.
Under no circumstances will YOUR BIJOUX BOX be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that YOUR BIJOUX BOX does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. YOUR BIJOUX BOX shall have no obligation to monitor any User Submissions, however, YOUR BIJOUX BOX and its agents reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Services, including disabling access to User Submissions that you have downloaded through the Services.
You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by YOUR BIJOUX BOX in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
While YOUR BIJOUX BOX shall have no obligation and assumes no responsibility for monitoring the Services for inappropriate Content or conduct of its users, YOUR BIJOUX BOX reserves the right to monitor, block or remove Content for any or no reason without notice to you, including Content that in the sole judgment and discretion of YOUR BIJOUX BOX, violates the terms of this Agreement, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. If at any time YOUR BIJOUX BOX chooses, in its sole discretion, to monitor the Services, YOUR BIJOUX BOX nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content. You are solely responsible for the Content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
USER GENERATED CONTENT TERMS AND REQUIREMENTS By posting content to show us your style using #MySparkleStyle and #yourbijouxboxstyle on Twitter or Instagram, you are representing that you agree to the following terms with Your Bijoux Box and to comply with the requirements.
USER GENERATED CONTENT REQUIREMENT Any photo or text posted/uploaded by you with #MySparkleStyle and #yourbijouxboxstyle must not include: (i)commercial content or content that references products, trademarks, logos, stores or websites of companies other than Your Bijoux Box; (ii) another person’s name, photograph, image, likeness or appearance, unless you have that person’s express permission; (iii) material for which you were compensated or provided any consideration by a third party; (iv) personal contact information for yourself or others; (v) corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; (vi) content that is unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, false, misleading or otherwise objectionable to Your Bijoux Box, as determined by Your Bijoux Box in its sole and exclusive discretion; (vii) content that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; (viii) content encouraging conduct that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms/weapons; (ix) content that could give rise to civil liability or otherwise violate any law; or (x) content encouraging conduct that is unsafe or dangerous or with any political agenda or message.
All photos and/or text submitted are subject to an approval process and therefore are not posted to YourBijouxBox.com or Your Bijoux Box’s Pinterest page immediately. Your Bijoux Box reserves the right to refuse to post or to remove any photo and/or text that does not comply with these requirements or for which you do not agree to these terms, in the sole discretion of Your Bijoux Box. Any such refusals are made at Your Bijoux Box’s sole discretion and Your Bijoux Box shall have no obligation to inform you if your submission was refused.
USER GENERATED CONTENT TERMS: By submitting content with #MySparkleStyle and/or #YourBijouxBox and/or #yourbijouxboxstyle and uploading a photo and/or text you (i) grant to Your Bijoux Box and others working for it or on its behalf, and their respective licensees, affiliates, successors, and assigns, for good and valuable consideration, the sufficiency of which is acknowledged by you, a perpetual, royalty-free, worldwide, unrestricted, transferable, exclusive, irrevocable and unlimited license, right and permission to the photo and/or text (the “Submission”) you submit, and to use, distribute, publish, exhibit, digitize, broadcast, display, disclose, remove, reproduce, prepare derivative works from, and otherwise exploit the Submission, your likeness, and any material in Submission or derived from it, in any manner or media whatsoever (whether now known or hereafter devised) anywhere in the world in perpetuity, including, if Your Bijoux Box elects in its sole discretion, posting the Submission on YourBijouxBox.com, Your Bijoux Box’s Pinterest page or any other Your Bijoux Box website or social media page. All uses granted are for the purpose of advertising or trade and promoting and publicizing Your Bijoux Box and its products and services without any payment to or further authorization by you. The granting of the foregoing rights does not create any obligation on the part of Your Bijoux Box to post the Submission on YourBijouxBox.com or otherwise use the Submission. Under the license granted, Your Bijoux Box is free to use any ideas or concepts contained in the Submission without further attribution, compensation or notice to you. For clarity, Your Bijoux Box does not claim ownership of your Submission, but receives the above grants of rights from you for use of the Submission. (ii) agree that if the Submission is posted, you will have no right of approval before or right to deletion after the Submission is posted on YourBijouxBox.com and that you and your heirs and assigns will have no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of your name, video, picture, likeness, and voice. (iii) release Your Bijoux Box from any and all claims relating to the use of the Submission, including but not limited to any claim for copyright infringement, trademark infringement, misappropriation of trade secrets, or invasion of privacy, right of publicity or defamation. You agree not to take any legal action against Your Bijoux Box, or any entity acting on its behalf, in connection with the use of your name, image, or likeness, (iv) understand that if Your Bijoux Box elects to post your Submission on YourBijouxBox.com or Your Bijoux Box’s Pinterest page or any other Your Bijoux Box website or social media page, you will not receive any prize or remuneration of any kind and your submission will be accessed and viewed by others, including by the general public. You are solely responsible for your Submission and the consequences of your Submission being posted on the YourBijouxBox.com or Your Bijoux Box’s Pinterest page or any other Your Bijoux Box website or social media page and (v) agree to indemnify, defend and hold harmless Your Bijoux Box, its affiliates, officers, employees, agents, successors and assigns, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from or related to: (a) your violation or breach of these Terms and Requirements; or (b) your violation of any third-party right, including without limitation any copyright, trademark, property, privacy or publicity right. This indemnification, defense and hold harmless obligation will, notwithstanding anything to the contrary, survive your use of YourBijouxBox.com.
YOUR BIJOUX BOX reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that YOUR BIJOUX BOX deems in its sole discretion to be an illegal or unauthorized use of the Services. YOUR BIJOUX BOX will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
NOTIFICATION PROCEDURES. Your Bijoux Box may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Your Bijoux Box in our sole discretion. Your Bijoux Box reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Your Bijoux Box is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any YOUR BIJOUX BOX user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.
YOUR WARRANTY. You warrant, represent and agree that you will not contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; (vi) involves commercial activities and/or sales without YOUR BIJOUX BOX’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, or (vii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of YOUR BIJOUX BOX. YOUR BIJOUX BOX reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if YOUR BIJOUX BOX is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not YOUR BIJOUX BOX, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to YOUR BIJOUX BOX and to grant YOUR BIJOUX BOX the rights to use such information in connection with the Services and as otherwise provided herein.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
If a comment is made using your identity or screen name it will be deemed to have been posted by you.
Do not make misleading or false statements.
Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by YOUR BIJOUX BOX in connection with a feature of the Services.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not post information that is confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.
Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
WARRANTY DISCLAIMERS. YOUR BIJOUX BOX has no special relationship with or fiduciary duty to you. You acknowledge that YOUR BIJOUX BOX has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release YOUR BIJOUX BOX from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. YOUR BIJOUX BOX makes no representations concerning any content contained in or accessed through the Services, and YOUR BIJOUX BOX will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. YOUR BIJOUX BOX makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Services or any Content will be uninterrupted or error-free.
THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOUR BIJOUX BOX OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, YOUR BIJOUX BOX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
YOUR BIJOUX BOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YOUR BIJOUX BOX SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND YOUR BIJOUX BOX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PROFFESSIONAL ADVIDE. Any product or other information (for example, product materials, instruction for a particular product use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
REGISTRATION AND SECURITY. As a condition to using some aspects of the Services, you may be required to register with YOUR BIJOUX BOX and select a password and user name (“YOUR BIJOUX BOX User ID”). If you are accessing the Services through a third party site or service (such as “Facebook Connect”), YOUR BIJOUX BOX may require that your YOUR BIJOUX BOX User ID be the same as your user name for such third party site or service. You shall provide YOUR BIJOUX BOX with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a YOUR BIJOUX BOX User ID a name of another person with the intent to impersonate that person; or (ii) use as a YOUR BIJOUX BOX User ID a name subject to any rights of a person other than you without appropriate authorization. Sugar reserves the right to refuse registration of, or cancel a YOUR BIJOUX BOX User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to YOUR BIJOUX BOX, and you are consenting to have the information in those accounts transmitted into your YOUR BIJOUX BOX account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
INDEMNITY. You will indemnify and hold YOUR BIJOUX BOX, its members, subsidiaries, affiliates, officers and employees, harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR BIJOUX BOX OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE YOUR BIJOUX BOX WEBSITES OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND YOUR BIJOUX BOX’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
Your interactions with organizations and/or individuals found on or through the Service (including without limitation Merchants (as that term is defined in the Terms of Sale)), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that YOUR BIJOUX BOX shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that YOUR BIJOUX BOX is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release YOUR BIJOUX BOX, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him Your Bijoux Box materially affected his settlement with the debtor.”
TERMINATION. This Agreement shall remain in full force and effect while you use the Services (or any part of the Services). You may terminate your use of the Services or your membership at any time by following the instructions on the Services. YOUR BIJOUX BOX may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. YOUR BIJOUX BOX may also terminate or suspend any and all Services or your access thereto immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to access and use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
ARBITRATION AND MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. YOUR BIJOUX BOX shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond YOUR BIJOUX BOX’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with YOUR BIJOUX BOX’s prior written consent. YOUR BIJOUX BOX may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Harris County, Texas, using the English language. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of Texas. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind YOUR BIJOUX BOX in any respect whatsoever.
COPYRIGHT DISPUTE POLICY. We respect artist and content owner rights and we expect our users to do the same. It is our policy to respond to claims of infringement in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, please complete the following DMCA Notice and deliver it to our Designated DMCA Agent at the contact information provided below.
You must provide the following information in writing in your DMCA Notice:
• Identify the copyrighted work that you claim has been infringed
• Identify the material that is claimed to be infringing and where it is located on the Service
• Provide reasonably sufficient information to permit us to contact you, such as your address, telephone number, and, e-mail address
• Provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
• Provide a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner and
• Provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner
Deliver the DMCA Notice, with the above information completed, to our Designated DMCA Agent at:
Attn: DMCA Notice
Address: YOUR BIJOUX BOX 4660 Beechnut Street, Suite 221, Houston, Texas 77096
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please be aware that this procedure is only for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
QUESTIONS. If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to contact@YourBijouxBox.com, or by mail to YOUR BIJOUX BOX, 5410 Bellaire Blvd. Suite 210, Bellaire TX 77401
FTC DISCLOSURE REQUIREMENTS. YOUR BIJOUX BOX aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
Effective: May 15, 2013