In the Site, CrushCrush Couture provides users with access to sales of products online (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Access
CrushCrush Couture grants you a limited license to access and make personal, noncommercial use of the Site and the Service. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, transfer or creative derivative works from this Site or any content thereof.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own personal, noncommercial use, or to place an order with CrushCrush Couture or to purchase products or services from the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or CrushCrush Couture suspects that such information is untrue, inaccurate, not current or incomplete, CrushCrush Couture has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof. If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify CrushCrush Couture immediately of any unauthorized use of your account or any other breach of security. CrushCrush Couture reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
As a condition of the license granted to you herein, and in addition to any other conditions and restrictions set forth in this Agreement, you may not engage in any of the following activities: downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in CrushCrush Couture’s sole discretion) an unreasonable or disproportionately large load on CrushCrush Couture’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by CrushCrush Couture to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by CrushCrush Couture.
With respect to any materials you submit or make available for inclusion on the Site, you hereby grant CrushCrush Couture a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works based on, and sublicense such materials or any part of such materials. You hereby represent, warrant and agree that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this section, free of any third-party claims of any kind.
CrushCrush Couture does not warrant that product descriptions or other content of this Site is or are accurate, complete, reliable, current, or error-free.
CrushCrush Couture attempts to keep the pricing lists on the Site accurate. However, it is possible that some items listed on the Site may be mispriced. With respect to items sold on the Site, CrushCrush Couture cannot confirm the price of an item until you order.
Risk of Loss
All items purchased from CrushCrush Couture are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon CrushCrush Couture’s delivery to the carrier.
Disclaimer of Warranties and Limitation of Liability
ALL CONTENT, PRODUCTS AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRUSHCRUSH COUTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CRUSHCRUSH COUTURE DOES NOT WARRANT THAT (A) THE SITE; (B) INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; OR (C) ELECTRONIC COMMUNICATIONS SENT FROM CRUSHCRUSH COUTURE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRUSHCRUSH COUTURE AND ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CRUSHCRUSH COUTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
All small parts are a choking hazard for anyone under the age of 5 and the recommended age for jewelry wear is 12. Do not allow children to play with beads or let them place any jewelry, charms, findings, etc. in their mouths, because they may accidentally ingest or choke on them. Never suck or chew on your jewelry or wear it to bed, in the shower or in the pool.
Attention California residents. Proposition 65 WARNING: Consuming foods or beverages that have been kept or served in leaded crystal products or handling products made of leaded crystal will expose you to lead, a chemical known to the State of California to cause birth defects or reproductive harm.
All jewelry on this website complies with the lead in children’s and adult’s jewelry law.
You agree to indemnify and hold CrushCrush Couture (and its managers, members, employees, agents, affiliated entities, and their respective successors and assignees) harmless from any claims, demands, losses, liabilities, judgments, costs and expenses, including reasonable attorneys’ fees, or arising out of or related to your breach of this Agreement or your violation of any law or the rights of any third party.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by CrushCrush Couture for any reason. Each user may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your CrushCrush Couture account to another party. If you do not qualify, you may not use the Service or the Site.
When you use the Site or send emails to CrushCrush Couture, you are communicating with CrushCrush Couture electronically. You consent to receive communications electronically from CrushCrush Couture. CrushCrush Couture may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you by CrushCrush Couture electronically satisfy any legal requirement that such communications be in writing.
Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. CrushCrush Couture is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, CrushCrush Couture may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
1. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
2. Advertisements or solicitations of any kind.
3. An impersonation of someone else or any kind of false information.
4. Personal information such as phone numbers, social security numbers, account numbers, addresses.
5. information that is deceptive, false, inaccurate or misleading.
6. Messages that offer unauthorized downloads of any copyrighted or private information.
7. Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial or promotional message.
8. Viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Site or third parties may provide links to other World Wide Web sites or resources. Because CrushCrush Couture has no control over such sites and resources, you acknowledge and agree that CrushCrush Couture is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CrushCrush Couture shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
CrushCrush Couture may modify this Agreement from time to time, and such modification shall be effective upon posting by CrushCrush on the Site. You agree to be bound to any changes to this Agreement when you use the Site after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish to accept any change, you may choose not to use the Site. CrushCrush Couture reserves the right to make changes to the Site at any time without notice.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of CrushCrush Couture or third parties. Without limiting the foregoing, the Marks “CrushCrush Couture” and “CrushCrush” are the property of CrushCrush Couture. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of CrushCrush Couture or such third party which may own the Marks.
Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement (“Notifications”) should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CrushCrush Couture with the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit CrushCrush Couture to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to:
P.O. Box 4096
Redondo Beach, CA 90277
By Email: CustomerService@CrushCrushCouture.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CRUSHCRUSH COUTURE THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Headings are for reference purposes only and do not limit the scope or extent of such section. If any provision of this Agreement is held to be unlawful, void or unenforceable, that provision is severable from this Agreement and does not affect the validity and enforceability of any remaining provisions hereof. Any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement. This Agreement and the relationship between you and CrushCrush Couture will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in the State of California with respect to any legal proceedings that may arise in connection with this Agreement. The failure of CrushCrush Couture to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. If you enter into any other written agreement with CrushCrush Couture, the terms of such agreement may prevail over the terms of this Agreement if such other agreement so specifies. Except as otherwise expressly set forth herein, this Agreement constitutes the entire agreement between you and CrushCrush Couture and governs your use of the Site, superseding any prior agreements between you and CrushCrush Couture.