Whitney Stern Jewelry Design Terms of Sale

Last Revised: November 5, 2010

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms of Use ("Terms") apply exclusively to your access to, and use of, the Whitney Stern Jewelry Design website, located at www.whitneystern.com ("Site"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Whitney Stern Jewelry Design. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Whitney Stern Jewelry Design for violations of these Terms.

We reserve the right to change or modify these Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

  1. Privacy Policy

    Please refer to our Privacy Policy for information about how we collect, use and disclose personally identifiable information from its users.

  2. Eligibility

    The Site is not targeted toward, nor intended for use by, anyone under the age of 18. By accessing or using the Site, you represent and warrant that you are 18 years of age or older and have the right, capacity and authority to accept and be bound by these Terms.

  3. Copyright and Limited License

    Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, our logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Whitney Stern Jewelry Design or its licensors or users and are protected by U.S. and international copyright laws.

    You are granted a limited, non-sublicensable license to access and use the Site and Site Materials for your informational and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the collection and use of any pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  4. Trademarks

    "WHITNEY STERN JEWELRY DESIGN," "WHITNEY STERN JEWELRY," "WHITNEY STERN," "WS," our logos and any other trade name or slogan contained in the Site are trademarks of Whitney Stern Jewelry Design, or our partners or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whitney Stern Jewelry Design or the applicable trademark holder.

    You may not use any metatags or any other "hidden text" utilizing any name, trademark or slogan of Whitney Stern Jewelry Design without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Whitney Stern Jewelry Design and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Whitney Stern Jewelry Design names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  5. Hyperlinks

    You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Whitney Stern Jewelry Design in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or proprietary graphics to link to this Site without the express written permission of Whitney Stern Jewelry Design. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Whitney Stern Jewelry Design or any third party.

    We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Whitney Stern Jewelry Design and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

  6. Third Party Content

    We may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Whitney Stern Jewelry Design is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. Users use such Third Party Content contained therein at their own risk.

  7. Submissions

    You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding Whitney Stern Jewelry Design, our products or our Site ("Submissions") that are provided by you in the form of email or other submissions are non-confidential and shall become the sole property of Whitney Stern Jewelry Design. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  8. Indemnification

    You agree to defend, indemnify and hold harmless Whitney Stern Jewelry Design, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Site; (b) any Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.

  9. Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY WHITNEY STERN JEWELRY DESIGN, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHITNEY STERN JEWELRY DESIGN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

    WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    We reserve the right to change any and all content contained in the Site and any services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Whitney Stern Jewelry Design.

  10. Limitation of Liability

    IN NO EVENT SHALL WHITNEY STERN JEWELRY DESIGN, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WHITNEY STERN JEWELRY DESIGN, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO WHITNEY STERN JEWELRY DESIGN'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WHITNEY STERN JEWELRY DESIGN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WHITNEY STERN JEWELRY DESIGN FOR ACCESS TO OR USE OF THE SITE.

  11. Modifications to Site

    We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Whitney Stern Jewelry Design will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

  12. Applicable Law and Venue

    These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

  13. Termination

    Notwithstanding any of these Terms, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site.

  14. Severability

    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  15. Questions & Contact Information

    Questions or comments about the Site or these Terms may be directed to us by emailing info@whitneystern.com.