Terms of Use for Jamesaveuy
These Terms of Use (“Terms”) govern your (“you”, “your”) access to and use of the Jamesaveuy website (the “Site”)—a destination for finely crafted, meaningful jewelry since 1954. This includes all interactions with the Site, such as browsing product collections (charms, rings, necklaces), creating an account, subscribing to newsletters, inquiring about custom pieces, and contacting customer service. The Site is operated by Jamesaveuy (“we”, “us”, “our”). By accessing or using the Site, you acknowledge you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase (if you place an order).
1. Acceptance of Terms
- These Terms form a legally binding agreement between you and Jamesaveuy. If you do not agree to any provision, you must immediately cease accessing or using the Site.
- We may update these Terms periodically (see Section 11). Your continued use of the Site after updates take effect constitutes acceptance of the revised Terms.
2. Eligibility to Use the Site
- You must be at least 13 years old to use the Site. If you are 13–17 years old, you may use the Site only with the supervision and written consent of a parent/legal guardian, who will be responsible for your compliance with these Terms.
- You represent and warrant that:
- You have the legal capacity to adhere to these Terms (e.g., not under guardianship or court-ordered restrictions on online activities);
- All information you provide to the Site (e.g., account details, inquiry content) is accurate, complete, and not misleading;
- You will use the Site only in compliance with applicable laws (federal, state, local, and international).
3. Account Creation & Management
3.1 Account Registration
- To access certain Site features (e.g., saving jewelry wishlists, tracking orders, storing shipping addresses), you may need to create a free account. When registering, you must provide:
- A valid email address (we recommend using the same address for order communications);
- A secure password (you are responsible for keeping this confidential);
- Accurate personal information (e.g., name, phone number—used to verify account ownership if needed).
- We reserve the right to reject account registrations that include:
- Fake or misleading information (e.g., pseudonyms unrelated to your legal name);
- Offensive, discriminatory, or trademark-infringing usernames (e.g., “JamesaveuyCopycat”).
3.2 Account Responsibility
- You are solely liable for all activities conducted under your account (e.g., order placements, custom jewelry inquiries).
- Notify us immediately at [email protected] if you suspect unauthorized access to your account (e.g., unrecognized login activity). We will not be liable for losses or damages arising from your failure to protect your password or account.
3.3 Account Termination
- We may suspend or terminate your account (without prior notice) if:
- You violate these Terms, our Privacy Policy, or Terms of Purchase (e.g., fraudulent order attempts, sharing account access);
- Your account is inactive for 18 consecutive months (we will notify you via email 30 days before termination);
- You request account deletion (contact us to process—we will retain limited data as required by law, per our Privacy Policy).
- Upon termination, you lose access to account-specific features (e.g., wishlists, order history), but we will honor existing orders per our Terms of Purchase.
4. Permitted Use of the Site
You may use the Site only for lawful, personal, and non-commercial purposes that align with our brand mission:
- Browsing jewelry collections (e.g., exploring handcrafted charms, custom engraving options) and learning about product details (fabric, gemstones, care instructions);
- Creating an account to manage orders, save preferences, or track custom jewelry production;
- Subscribing to newsletters (if you opt in) to receive updates on new collections, jewelry care tips, or exclusive offers;
- Contacting our team with legitimate inquiries (e.g., pre-purchase questions about ring sizing, follow-ups on custom orders);
- Using Site tools as intended (e.g., “share” features to send jewelry gift ideas to others, “save for later” for wishlist items).
5. Prohibited Uses
You agree not to use the Site for any activity that harms Jamesaveuy, our users, or violates laws/rights. Prohibited actions include:
- Illegal or Fraudulent Activity: Using the Site to facilitate fraud (e.g., placing orders with stolen payment cards), money laundering, or violating consumer protection laws;
- Intellectual Property Theft: Copying, reproducing, modifying, or distributing Site content (e.g., jewelry design images, custom engraving templates, product descriptions) without our written consent—this includes using our designs to create counterfeit pieces (see Section 6);
- Unauthorized Access: Attempting to hack, scrape, or access restricted Site areas (e.g., admin panels, customer data databases) or using bots/automated tools to collect product data (except with our prior written approval);
- Disruptive Behavior: Overloading Site servers (e.g., sending excessive requests), posting false information (e.g., fake reviews of our jewelry), or impersonating Jamesaveuy staff/other users;
- Harmful Content: Uploading or sharing malware, viruses, or links to harmful sites; or posting content that is discriminatory, harassing, or obscene (e.g., in comment sections, if available);
- Commercial Exploitation: Using the Site to sell third-party products, promote competing jewelry brands, or collect user data for commercial purposes (e.g., selling email lists).
6. Intellectual Property Rights
All content on the Site is the exclusive intellectual property of Jamesaveuy or our licensed craftspeople—protected by U.S. and international copyright, trademark, and design laws:
- Trademarks: “Jamesaveuy” and our logo (if applicable) are registered trademarks. You may not use these marks (or confusingly similar variations) without our written consent.
- Jewelry Designs: All product designs (e.g., signature charm motifs, engraved pattern templates, metalwork details) are our proprietary property. This includes custom designs created for you—we retain the right to use non-personalized design elements (e.g., a unique ring band style) for future collections.
- Site Content: Product photos, videos, descriptions, and jewelry care guides may not be reproduced, sold, or used for commercial purposes (e.g., in other retailers’ catalogs) without our prior approval.
To request permission to use our intellectual property (e.g., for press features, collaborations), contact us at [email protected].
7. Third-Party Links & Content
- The Site may include links to third-party platforms or content, such as:
- Payment processors (e.g., PayPal, Stripe—governed by their Terms of Service);
- Social media pages (e.g., Instagram, Pinterest—for sharing jewelry photos);
- Jewelry care resources (e.g., gemstone cleaning guides from industry organizations).
- We do not endorse, control, or assume liability for third-party content, services, or privacy practices. Your use of third-party links is at your own risk—we encourage you to review their terms and policies before engaging.
8. Site Content Accuracy & Availability
- We strive to maintain accurate Site content (e.g., product photos, gemstone descriptions, pricing), but we do not guarantee perfection:
- Jewelry images may vary slightly from 实物 due to device display differences (e.g., natural gemstone color variations);
- Custom jewelry details (e.g., engraving font size, metal polish) may have minor variations due to handcrafting—we will notify you of significant differences before production.
- The Site may be temporarily unavailable for maintenance, technical updates, or unexpected issues (e.g., server outages). We will post a notice on the homepage for planned downtime and restore access as quickly as possible.
9. Disclaimer of Warranties
- THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. This includes:
- No warranty that the Site will be error-free, secure, or uninterrupted;
- No warranty that jewelry descriptions or images are 100% accurate (see Section 8);
- No warranty that custom jewelry will meet your expectations beyond the specifications you approved (we confirm custom details via email before crafting).
- We do not warrant that the Site is compatible with all devices or browsers—you are responsible for ensuring your device meets minimum technical requirements.
10. Limitation of Liability
To the maximum extent permitted by law:
- We shall not be liable for indirect, incidental, special, or consequential damages arising from your use of the Site (e.g., disappointment from out-of-stock jewelry, missed gift deadlines due to delivery delays, loss of data from account issues);
- Our total liability for any claim related to the Site (e.g., technical errors, content inaccuracies) is limited to $100—this does not apply to damages caused by our intentional misconduct (e.g., fraud) or gross negligence (e.g., failing to protect your account from known breaches).
11. Changes to These Terms
- We may update these Terms to reflect:
- Changes in laws (e.g., data privacy regulations);
- New Site features (e.g., adding virtual jewelry try-on tools);
- Updates to our business practices (e.g., expanding custom jewelry options).
- We will notify you of material changes via:
- A prominent banner on the Site’s homepage;
- An email to the address associated with your Jamesaveuy account (if you have one).
- Updated Terms take effect 7 days after notification. If you do not agree to the changes, you must stop using the Site.
12. Governing Law & Disputes
- These Terms are governed by the laws of the State of Texas, United States (where our customer support headquarters is located)—consistent with our Terms of Purchase.
- Any dispute arising from these Terms or your use of the Site will first be resolved through good-faith negotiation with our team (contact us at [email protected]). If negotiation fails, disputes will be settled via:
- Arbitration in Austin, Texas (per the American Arbitration Association’s rules); or
- Litigation in the state or federal courts of Austin, Texas (your choice).
13. Contact Us
For questions, concerns, or requests related to these Terms (e.g., account issues, intellectual property inquiries), contact our team:
- Email: [email protected]
- Mailing Address: Jamesaveuy Customer Support, 13 Commerce Way, Austin, TX 78701, United States
We respond to all Terms-related inquiries within 2 business days.