This website is operated by GLEAMIRE LLC. Throughout the site, the terms “we”, “us” and “our” refer to GLEAMIRE LLC. GLEAMIRE LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These 'Terms of Service' apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these 'Terms of Service' carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these 'Terms of Service'. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these 'Terms of Service' are considered an offer, acceptance is expressly limited to these 'Terms of Service'. Any new features or tools which are added to the current store shall also be subject to the 'Terms of Service'. You can review the most current version of the 'Terms of Service' at any time on this page. We reserve the right to update, change or replace any part of these 'Terms of Service' by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


 

 

Section 1 - Online store terms

 

By agreeing to these 'Terms of Service', you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your services.

 

Section 2 - General conditions

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service or access to the service or any contact on the website through which the service is provided, without express wrote permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

 

Section 3 - Accuracy, completeness and timeliness of information

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Section 4 - Modifications to the service and prices

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

Section 5 - Products or services

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

 

Section 6 - Accuracy of billing and account information

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed (for more detail, please review our return policy).

 

Section 7 - Optional tools

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these 'Terms of Service'.

 

Section 8 - Third-party links

 

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Section 9 - User comments, feedback and other submissions

 

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these 'Terms of Service'. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Section 10 - Personal information

 

We will not share your personal information with other groups. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

 

Email marketing: With your permission, we may send you emails about our store, new products and other updates.

 

Section 11 - Errors, inaccuracies and omissions

 

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

Section 12 - Prohibited uses

 

In addition to other prohibitions as set forth in the 'Terms of Service', you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

 

Section 13 - Disclaimer of warranty and limitation of liability

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall GLEAMIRE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 14 - Indemnification

 

You agree to indemnify, defend and hold harmless GLEAMIRE. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these 'Terms of Service' or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 

Section 15 - Severability

 

In the event that any provision of these 'Terms of Service' is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these 'Terms of Service', such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 16 - Termination

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These 'Terms of Service' are effective unless and until terminated by either you or us. You may terminate these 'Terms of Service' at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these 'Terms of Service', we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

Section 17 - Entire agreement

 

The failure of us to exercise or enforce any right or provision of these 'Terms of Service' shall not constitute a waiver of such right or provision. These 'Terms of Service' and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the 'Terms of Service'). Any ambiguities in the interpretation of these 'Terms of Service' shall not be construed against the drafting party.

 

Section 18 - Governing law

 

The conditions of sale shall be governed by and construed in accordance with the laws of the state of California without reference to its conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the conditions of sale, including the validity, invalidity, breach or termination thereof or any GLEAMIRE product purchased on the platform or through customer service, will be resolved in, and you irrevocably consent to the exclusive jurisdiction of the courts located in the county of United States for any action arising out of or relating to these conditions of sale or use of this platform. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This platform has been designed to comply with the laws of the state of California. If any material on this platform, or your use of the platform, is contrary to the laws of the place where you are when you access it, the platform is not intended for you, and we ask you not to use the platform. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. The parties agree that the courts located in California shall have exclusive jurisdiction over all controversies arising under this agreement and agree that the venue is proper in those courts.

 

Section 19 - Changes to terms of service

 

You can review the most current version of the 'Terms of Service' at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these 'Terms of Service' by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Section 20 - Conduct on the site

 

Some features on the site may require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself. In addition, some features on this Site may require the use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify us immediately. We may assume that any communications we receive under your password have been made by you unless we receive notice otherwise. You or third parties acting on your behalf are not allowed to frame the site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without our expressed prior written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without our expressed written consent.

 

Section 21 - Features and functionality provided by third parties; third-party terms

 

Certain of the content, features and functionality on the site may be owned and operated by third parties (collectively, “third-party providers”). Your use of and interaction with such content, features and functionality (collectively, “third party content”) may be subject to separate terms and conditions. In that event, you acknowledge that these terms of use will not apply to your use of the third-party content and that you will be subject to and comply with the terms of use offered by such third party providers. You acknowledge that we are not responsible or otherwise liable for third party content or the acts or omissions of third party providers and that any claims or other causes of action available to you in connection with either of the foregoing will be brought against the applicable third-party provider(s) and not us.

 

Section 22 - Use of materials on the site

 

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by us, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to our service, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as they may be updated from time to time. We reserve the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. GLEAMIRE, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrants nor represents that your use of materials on this site will not infringe the rights of third parties not affiliated with us. You may not use the contact information provided on the site for unauthorised purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. We reserve the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

 

Section 23 - Materials you submit

 

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” you may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant us and our affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that we are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You grant us and our affiliates the right to use the name you submit in connection with such material if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify and hold us harmless from and against all claims resulting from content you supply.

 

Section 24 -  Trademarks and copyrights

 

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of GLEAMIRE, our licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the united states and other countries.

 

Section 25 - Entire agreement and admissibility

 

These terms of use, the conditions of sale also posted on this website, and any policies or operating rules also posted on this site constitute the entire agreement and understanding between you and GLEAMIRE with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral, written, electronic or otherwise between the parties with respect to such subject matter. A printed version of these terms of use shall be admissible in judicial or administrative proceedings based on or relating to the use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Section 26 - Prices, tax and shipping costs

 

All prices shown on the product pages of the platform or quoted by customer service are in USD (United States Dollar). We reserve the right to modify prices at any time without prior notice. Our pricing is calculated using current precious metal and gem prices to give you the best possible value. These prices do change from time to time, owing to the fluctuations in prices of precious metal and gem prices, so our prices change as well. Any description and information concerning the weight of precious materials and the number of stones and carats are provided as a reference and may vary slightly. Applicable taxes will be reflected on your payment page before you are asked to confirm and place your order (in the case of a platform order) and will also be reflected in the confirmation of the order. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and estimated sales and use taxes are not stated on the product pages but will be added to the product price, if applicable after you have chosen your delivery location and options. The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a confirmation of the order. Please note that changes to applicable law between the date your order is placed and the date you are sent a confirmation of order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase. When ordering outside India, the recipient is responsible for assuring that the product can be legally imported to the destination country. The recipient is the importer of record and must comply with all the laws and regulations of the destination country. The recipient of an international shipment may be subject to import taxes, customs duties and fees, which are imposed once a shipment reaches the recipient's country that is included in the shipping charges. Our goods are made with extreme precision - only for you, which takes around 2 to 3 weeks to get your order ready depending upon the choice of your purchase. Therefore there is no fixed time within which we guarantee delivery; it varies from one product to another. Nevertheless, as an estimate, you can expect your goods to reach you within 2 to 3 weeks of placing your order. Dispatch times may vary according to availability and are subject to any delays resulting from courier delays. For the purpose of this agreement, the term 'Shipping and Delivery' will deem to include all modes of transport including those by land and by air.

 

Section 27 - Payment by credit card or Paypal

 

When ordering on the platform, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to customer service your credit/debit card number and your three- or four-digit security code that is printed on the back or the front of your card.  Your telephone conversation will be recorded for security and quality control purposes. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to our service, you will need to contact your card issuer directly to solve this problem, and we will not be liable for any delay or non-delivery. In order to process your order, we may perform security checks on your credit card.  Your credit card will be charged the full amount of the applicable purchase price at the time your order is placed.  By submitting an offer to purchase our products on the platform or through customer service, you expressly authorize us to perform such security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to authenticate your identity, to validate your credit card, to obtain a credit card authorization and to authorize individual purchase transactions. We take precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. You should carefully check and confirm all details on the payment page before placing your order through the platform, including without limitation the particulars of each sale.  In the case of an order being placed through customer service, the customer service representative may verbally ask you to confirm the details of your order.

 

Section 28 - Acknowledgement of order

 

Once you have made your choice and your order has been placed on the platform, you will receive an acknowledgement of the order by email, acknowledging the details of your order.  This acknowledgement of the order will contain an order reference number assigned by us. Please make sure that you save this order reference number for any future enquiries regarding your order. This acknowledgement of an order is not an acceptance of your order.  Following the transmission of the acknowledgement of order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. These conditions of sale will be provided to you with the acknowledgement of the order through either email link or pdf. Please carefully review these conditions of sale upon receipt.

 

Section 29 - Confirmation of order

 

Upon shipment of your order following completion by GLEAMIRE of its anti-fraud, security and related legal checks, we will send you by email a written confirmation of the order. The written confirmation of order constitutes the acceptance of your order by us and indicates the existence of a binding sales contract. The acknowledgement of order and confirmation of order that is sent to you by email is deemed to be received when you are able to access them on your computer, mobile or handheld device. The confirmation of the order and any automatic recording systems used by customer service or the platform will be proof of a binding agreement between you and GLEAMIRE.

 

Section 30 - Entire agreement

 

The conditions of sale (as amended from time to time), including policies incorporated herein (e.g. privacy policy, terms of use) constitute the entire agreement between you and GLEAMIRE regarding your purchase of GLEAMIRE products through customer service or the platform and supersede any prior conditions of sale or any other agreement or understanding, arrangements, undertaking or proposal, written, oral, electronic or otherwise between you and GLEAMIRE in relation to such matters.  In the event, any other rules, code of conduct, or other matter posted on the platform conflict with the terms of the conditions of sale, the conditions of sale shall govern. No oral representation or agreement given by any party shall alter the interpretation of the conditions of sale. You confirm that, in agreeing to accept the conditions of sale, you have not relied on any representation save insofar as the same has expressly been made a representation in the conditions of sale and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the conditions of sale save that your agreement contained in this section shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the conditions of sale.

 

Section 31 - No waiver

 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

 

Section 32 - Privacy policy

 

We want you to know how we collect, use, share and protect your information. Please read this privacy policy carefully. By accessing the sites, you accept the practices described below. The company is not responsible for the content or privacy practices of any website or application not operated by our company, to which this site links or which links to this site. You are advised to be aware when you are leaving our sites for a third-party website or application.

 

The website does not believe in spam emails and will not share your information with any other third party except for fulfilling essential actions to complete a valid transaction like delivery and payment. In case of delivery, your details which are required to facilitate timely and safe delivery to you (e.g. your name, address, mobile number) is shared with the courier company and in case of payments, the encrypted transaction details required to complete a valid transaction are shared with the payment gateway to enable the completion of a valid transaction. None of your banking details and credit/debit card information will be stored by us. Your login details will be stored in the database on the hosting site (wix.com) in encrypted form and your basic details in plain text. We follow strict security guidelines to ensure that all your information is protected from unauthorised access. Other than the above we may use your data to reach you but will not forward it to any third party until unless required by law to do so (e.g. a police investigation, government inquiry, court order etc). We may send you emails, newsletters and communications about new product services but you can easily opt-out the same by clicking unsubscribe. We like almost every other website store small text files called cookies on your computer in order to maintain your session with our server, i.e. so that you don't have to start over every time you visit our website. These files store your recently viewed products and your session information which helps us enable certain personalization features such as your preference settings, shopping cart, etc. These files are harmless and as such cannot interact with your computer or execute on their own. If you choose to delete or block the cookies you will be limiting our ability to provide you with our best possible services.

 

1. Safeguarding your privacy - The security and confidentiality of your information are important to us. The sites have incorporated certain physical, administrative and technical procedures to safeguard your personal information for all financial transactions online. Personal information may be printed or otherwise stored in a non-electronic form. Only authorized employees who have a need to access your personal information in order to perform a specific job are allowed access to your personal information.

 

2. Types of information we collect - We collect the following categories of information:

(a) The registration information you provide when you create an account, including your first name and surname, country of residence, gender, date of birth, email address, username and password.

(b) Transaction information you provide when you request information or purchase a product or service from us, including your postal address, telephone number and payment information.

(c) Information you provide in surveys on our sites.

(d) Information you provide to us when you use our site or otherwise interact with our company.

(e) Usage, viewing and technical data, including your device identifier or IP address when you visit our sites or use our applications embedded on third-party sites.

 

3. How we collect your information - We may collect information from you on these sites in several different ways. We collect the information you provide to us when you create an account and register on our site, request products, services or information from us, participate in customer surveys or other activities on our site, or otherwise interact with us. Please keep in mind that if you provide information to us from a third-party website or platform, the information you provide may be separately collected by the third-party website or platform. The information we collect is covered by this privacy policy and the information the third-party website or platform collects is subject to the third-party’s privacy practices. Privacy choices you have made on the third-party platform will not apply to our use of the information we have collected directly through our applications. We collect information through technology, such as website browser cookies, flash cookies, advertising or user identifiers provided by the browser or application platform, and web beacons, including when you visit our sites or use our applications on third-party sites or platforms. A cookie is a small text file that is placed on your hard disk by a web server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a webpage, or navigate within a site, a cookie helps the sites to recall your specific information on subsequent visits. This simplifies the process of delivering relevant content, eases sites navigation, and so on. When you return to the website, the information you previously provided can be retrieved, so you can easily use the site's features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to use interactive features of this or other websites that depend on cookies. We currently use cookies to track the traffic of our sites in order to enhance our information and your experience on the site. Although cookies do not give us any personally identifiable information about you, once you choose to give us your personal information on an online form this information may be linked to cookies.

 

4. Use of your information by our company - We use the personal information we collect from you for the following purposes:

(a) To provide you with the products and services you request.

(b) To communicate with you about your account or transactions with us and send you information about features on our sites or our services or products and changes to our policies.

(c) To be consistent with local law and choices and controls that may be available to you in order to send you offers and promotions for our products and services or third-party products and services, personalize content and experiences on our site, optimize or improve our products, services and operations, and detect, investigate and prevent activities that may violate our policies or be illegal.

 

5. Sharing your information with other companies or entities - We will not share your personal information outside of our company, except in limited circumstances, including when you allow us to share your personal information with another company, such as electing to share your personal information with carefully selected companies so that they can send you offers and promotions about their products and services and directing us to share your personal information with third-party sites or platforms, such as social networking sites

 

Please note that once we share your personal information with another company, the information received by the other company becomes subject to the other company’s privacy practices. When we cooperate with financial institutions to offer co-branded products or services to you, however, we will do so only if permitted by applicable law and, in these cases, the financial institutions are prohibited from using your personal information for purposes other than those related to the co-branded products or services. When companies perform services on our behalf, like package delivery, storage and customer service; however, these companies are prohibited from using your personal information for purposes other than those requested by us or required by law. When we share personal information with third parties in connection with the sale of a business, to enforce our terms of use, conditions of sale or rules, to ensure the safety and security of our guests and third parties, to protect our rights and property and the rights and property of our guests and third parties, to comply with legal process or governmental investigations, or in other cases if we believe in good faith that disclosure is required by law.

 

6. Security of your information - We regularly review our compliance with our privacy policy. When we receive a formal written complaint, we will contact the person and/or entity who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities and law enforcement, in order to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

 

7. Compliance and cooperation with regulatory authorities - We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer servers with limited access that are located in controlled facilities. Additionally, when we transmit sensitive personal information (such as a credit card number or password) over the internet, we help protect it through the use of encryption, such as the secure socket layer protocol. Keep your password safe to help protect your accounts and personal information; it is your responsibility to keep your password confidential. Do not share it. If you are sharing a computer, you should always log out before leaving our sites or application to protect access to your information from subsequent users.

 

8. Your controls and choices - We provide you with the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with local law, your controls and choices may include the following you may correct and update your registration account, you may change your choices for GLEAMIRE emails, subscriptions, newsletters and alerts. You may “opt-out” of being on our mailing list or receiving future direct mailings from us by indicating your account preferences. You may exercise your controls and choices, or request access to your personal information, by logging into your GLEAMIRE online account and selecting “Preferences”, or by emailing GLEAMIRE at care@gleamire.com and following instructions provided in communications sent to you.

 

Please be aware that, if you do not allow us to collect personal information from you, we may not be able to deliver certain products and services to you, and some of our services may not be able to take account of your interests and preferences. If you have questions regarding the specific personal information about you that we process or retain, please contact us at care@gleamire.com

9. Data security, integrity and retention - We may transfer your personal information to affiliates of our or third parties in locations around the world for the purposes described in this privacy policy. Wherever your personal information is transferred, stored or processed by us, we will take reasonable steps to safeguard the privacy of your personal information.

 

10. Data transfers, storage and processing - The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your personal information from unauthorized access, disclosure, use and modification. From time to time, we review our security procedures to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfil the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

 

11. Changes to this privacy policy - From time to time, we may change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. When we do, we will also revise the "last updated" date at the top of the privacy policy. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent when necessary. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our sites, or by other means, consistent with applicable law. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. In addition, we may freely assign this privacy policy or any of our rights and/or obligations hereunder.

 

12. Comments and questions - If you have a comment or question about this privacy policy, please contact care@gleamire.com. Our sites may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your personal information.

 

Section 33 - Disclaimer of liability

 

The website owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

 

Section 34 - Conflict of terms

 

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

 

Section 35 - Cancellation

 

You can cancel your order for a product at no cost at any time before we send the Dispatch Confirmation E-mail relating to that product. You can cancel one order item within an order without cancelling the entire order if the order contains 2 or more order items. For prepaid orders, the amount will be credited to the payment source.

 

Section 36 - Free Gift

 

All free gifts are treated as discounts. In the Case of Partial Cancellation or Returns of Orders with a Free gift, the amount refunded will not include the discount attributed to the Free Gift.

 

Section 37 - Offer

 

Special offer is valid only on select designs on jewellery. We may change (add to, delete, or amend) these terms from time to time.

All disputes, with respect to the products and services offered in this connection, are subject to California jurisdiction.

 

Section 38 - Product Availability And Pricing

 

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 honour 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 us at care@gleamire.com. We do not negotiate prices on our products and all our prices are final.

 

Section 39 - Information

 

We make every attempt to ensure that our online catalogue is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products may appear larger or smaller than their actual size in our photographs; and since every computer monitor is set differently, colour and size may vary slightly. Our objective is to provide you with as much information and detail about your prospective purchase as possible so that you can see the beauty and shape of a particular item. In compliance with industry standards and regulations, We state that carat total weight in all purchases may vary 0.05 carats from the stated weight. We provide the measurement of our products based on our manufacturing specifications. Slight tolerances may be accounted for based on finishing during the manufacturing. Width tolerance on machine made wedding bands of 0.20mm is allowed. Cast manufactured rings can vary slightly more. For gemstone and pearl measurements, a tolerance of 0.25mm is allowed. For a diamond jewellery set with multiple diamonds, we provide the minimum total carat weight for the piece. Colour and clarity grades are expressed as either a minimum or an average depending on the number of diamonds. If stated as a minimum, all diamonds within the piece are at or above the stated quality. If expressed as an average, collectively the quality is equal to or exceeds the grade stated.

 

Section 40 - Access

 

Access to www.gleamire.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this entire website. This website may contain links to other websites (hereinafter referred to as the "linked sites"), which are not operated by www.gleamire.com. This website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

 

Section 41 - Intellectual property, software, and content

 

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of this website or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by this website and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise. In addition to the above www.gleamire.com involves several designers to design products for this website and takes the utmost care and attention to ensure that the designs and products are original. We are fully aware of the hard work and sweat that goes into designing an original work and give utmost respect to such effort and in case you feel that some work in the website infringes yours, we will do our best to resolve the same expeditiously on utmost priority. If you feel that your intellectual property rights have been infringed, then please report the violation here so that we can address your concern and immediately resolve your problem.

 

Section 42 - Prohibitions

 

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence and this website and the owners will report any such breach to the relevant law enforcement authorities and disclose your identity to them. Such disclosure will not be considered violative of the privacy policy of this website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

 

Section 43 - Terms of sale

 

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

 

Section 44 - Eligibility

 

If you are not eligible to legally contract, and if you wish to buy a product, it has to be with the consent and under the guidance and active observation of your parent or guardian. In addition to the above in order to contract with this website, you must possess a valid credit or debit card issued by a bank or have the authority to authorize any other monetary transaction acceptable to us. This website retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or any other legally authorized monetary transaction used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.

 

Section 45 - Contract

 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

Section 46 - Payment

 

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

Section 47 - Indemnity

 

You agree to indemnify, defend and hold harmless www.gleamire.com, its owners, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the terms of service.

 

Section 48 - Variation

 

www.gleamire.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the products and/or Services and/or any page of this website.

 

Section 49 - Invalidity

 

If any part of the terms of service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the terms of service will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Section 50 - License to Use the Website

 

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for your personal use and not for resale or further distribution. Your right to use the Service is limited by the terms set forth in these Terms of Use. Except for this license granted to you, we retain all rights, titles, and interests in and to the Website, including all related intellectual property rights. The Service is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.

Section 51 - Access to the Website; Modifications to the Website

 

We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Website at any time, for any or no reason, with or without prior notice, and without liability.

You must be 18 or older to register as a user or to use the Service.

Section 52 - Restrictions

 

You must comply with all applicable laws, including U.S. export control laws, when using the Website. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Website (“Website Content”) or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease, or sublicense your access to the Website to another person; (d) use the Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website or Website Content.

Section 53 - Password Restricted Areas of the Website

 

Certain areas of the Website may be password-restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify GLEAMIRE if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.

Section 54 - Submissions

 

The Service allows you and other third parties to post information to the Website, including reviews and comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of GLEAMIRE, or its shareholders, directors, officers, or employees. GLEAMIRE does not control the content posted by third parties via the Website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will GLEAMIRE, its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available. You agree that GLEAMIRE is free to use any comments, information, ideas, designs, concepts, reviews, or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings to the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website and our products and services. Furthermore, by posting any Submission on the Website, submitting information to us, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.

Section 55 - Use Restrictions

 

You are solely responsible for any content and other material that you submit, publish or display on the Website or transmit to GLEAMIRE or other Service users. You will not use the Service to: (a) upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm GLEAMIRE or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit 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; (h) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users. If you see content on the Website that violates these use restrictions, please contact us at care@gleamire.com.

Section 56 - Disclaimer of Warranties

 

Your use of the service, website and website content is at your sole risk. The service, website and website content are provided on an "As is" and "As available" basis. GLEAMIRE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the website and website content, and you rely on the service, website and website content at your own risk. Any material obtained through the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the website. No advice or information, whether oral or written, obtained by you from GLEAMIRE or through or from the service will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

Section 57 - Limitation of Liability

 

GLEAMIRE will not be liable 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 GLEAMIRE has been advised of the possibility of these damages), resulting from your use of the service, website and website content. Under no circumstances will GLEAMIRE’s the total liability of all kinds arising out of or related to your use of the service, website or website content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the one hundred dollars ($100). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

Section 58 - Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at care@gleamire.com and provide GLEAMIRE’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. GLEAMIRE’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

 

Section 59 - Arbitration Agreement

 

All disputes concerning or arising out of these terms of use, including whether a Dispute is subject to arbitration, shall be resolved by binding arbitration before a single arbitrator and administered by the American Arbitration Association (“AAA”), using the then-current applicable aaa rules. The location of the arbitration shall be the AAA office in California or another location in  California chosen by the AAA or the arbitrator. The federal arbitration act, as in effect at the time of any arbitration demand, shall apply to any arbitration pursuant to this agreement. The parties shall each bear their own expenses related to any arbitration. The costs of the arbitration tribunal, including the arbitrator’s and the AAA’s fees, shall be shared equally between the parties, regardless of which party prevails. Each party to the arbitration shall bear its own legal fees, regardless of which party prevails. The arbitrator shall not award any multiple or punitive damages, regardless of which party prevails. Notwithstanding anything to the contrary permitted by the applicable rules of the AAA, any arbitration pursuant to this agreement shall involve you and GLEAMIRE only in their individual capacities, shall not be consolidated with any other arbitrations, and shall not be arbitrated as a class or other form of representative action. You agree not to participate in any arbitration related to or arising from this agreement as a claimant or class member in any purported class or representative action. Any action to confirm an arbitration award pursuant to this agreement shall be brought only in a court of competent jurisdiction within Orange County, California. GLEAMIRE and buyer agree to submit to the jurisdiction of any such court, waiving any objection based on personal jurisdiction or venue. At least forty-five (45) days prior to either party initiating any arbitration pursuant to this agreement, that party shall send to the other party a written demand describing the nature of the dispute and setting forth a proposed resolution. The parties shall then attempt to negotiate in good faith to resolve the dispute.

Section 60 - Contact information

 

Questions about the 'Terms of Service' and 'Privacy Policy' - send them to us at care@gleamire.com