Terms and Conditions Policies

   This website is owned and operated by Jewelry Lab America, Inc. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors custom-measuring services, disposable trial resin test models, and final, non-refundable, made-to-order earring jewelry products.

   All customers must sign off approval of all products as “ok to produce” prior to production, after which the stated non-refundable policy takes effect. Fascinears® are pierce-free, custom fitted, chiral (made for a specific ear, not either ear) ear-setting bases or a single setting base assigned to either a right OR left ear (not both). Custom fitted setting bases together with made-to-order gems and jewelry designs set therein (i.e. frontal display, or "ear-scape" designs), are, in entirety, referred to as “final products”.

   By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

   To use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. Children, i.e. those who have not reached full growth, and not allowed to use this website. In addition, you are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

   This website includes sale of services and patent-pending products. Therefore at this time, base settings are not shown on the site. The Main Commercial Terms for use of this website include an understanding that buyers are purchasing an original, custom-fitted, made-to-order Fascinears™ product, which is not for resale, nor for any licensing use or rights by third parties of any capacity, nor for posting images of the rear setting base componentry, which is the attachable-to-ear (backside) componentry of the device, on any venue including other websites, social media, magazines, other publication, or by publishers. The front of any custom-fit piece, however, may to photographed and posted as worn on the purchaser.  Purchaser agrees that purchaser is the sole owner of said services and products as provided and is the sole owner of the sole product purchased by you as the sole purchaser, and that product may not be loaned, given, nor displayed to and by third parties of any kind. 
   For information about Licensing Agreements, please contact Jewelry Lab America, Inc. at JewelryLabAmerica@gmail.com.

   Please visit iptnt.com for patent pending information about these products and services. 

   When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

   The prices we charge for using our services and products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

   The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.

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Retention of right to change offering

 

   Additionally, we may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Ownership of intellectual property, copyrights and logos

 

   We retain all rights to intellectual property, copyrights and logos.  Visitors and customers of the website are not granted any such rights.
   The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Jewelry Lab America, Inc. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

   If you want to offer to your users the ability to upload content (images, audio, text ...) for disclosure on your site, it is important that the

   Site Users who opt to issue uploaded content (images, text, audio, video) certify that he/she has all the legal rights and/or necessary licenses over such uploaded content and that such content might become publicly available.

   You (user) recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

 

Right to suspend or cancel user account

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   Website owner is able to avoid misuse of the website by users and/or avoid legal exposure as a result of illegal activity conducted on the website by any user in form  (or by using a service or product offered by the website). The website retains the ability to suspend or cancel the ability of a user or customer to use the website or the services provided via the website. 

   We may permanently or temporarily terminate or suspend your access to the website’s service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time.

 

Indemnification

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   Websites must have the ability to seek indemnification from users and customers that cause damages to the website or its owners. The indemnity obligation herein are addressed as follows: 

   You agree to indemnify and hold [website owner] harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of liability

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   Website owner limits and fences potential liability that site may face as result of its business activities. Such limitations as in compliance with local applicable laws, include:  (which may limit the ability to reduce liability). 

   To the maximum extent permitted by applicable law, in no event shall [website owner], be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
   To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify Terms

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   Site ownership retains the ability to change or modify these Terms at Site Owner’s will, and such change is Terms may occur without requirement to receive the consent and approval of Users.

   We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. Your continued use of the Website or our services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.