Term & Conditions
OVERVIEW
This
website is operated by Shining Light Body Jewelry Corp. (Shining Light) Throughout
the site, the terms “we”, “us” and “our” refer to Shining Light. Shining Light
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. 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.
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).
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 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 written permission by us. The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
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.
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.
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 colors and images of our
products that appear. We cannot guarantee that your computer monitor's display
of any color 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.
6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. 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 Returns Policy.
7 - PERSONAL INFORMATION
Your
submission of personal information through the site is governed by our Privacy
Policy. To view our Privacy Policy please click here.
8 - 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.
9 - 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: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm,
pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or
(k) 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.
10 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
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 Shining Light, 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. Body piercing can carry risk of
serious injury if not carried out by a trained professional. Shining Light will
not be held responsible for harm caused by misuse of our jewelry lines, or for
any injuries resulting from piercer errors during the piercing process.
Purchasers of Shining Light products shall assume any risks inherent with the
use and resale of Shining Light products. All Shining Light is sold as NOT
STERILE unless otherwise specified – all jewelry should be sterilized prior to
use.
11 - INDEMNIFICATION
You
agree to indemnify, defend and hold harmless Shining Light 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.
12 - 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.
13 - 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).
14 - 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.
15 - GOVERNING LAW
These
Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of California,
USA. Shining Light can be contacted at 4645 Cass Street, Suite 101, San Diego,
CA 92109, USA.
16 – ORDERING, PAYMENT AND DELIVERY
Once
you have created a user profile, you can begin placing your order with us. When
you are ready to check out, you will be given the option to fully pay for your
order by credit/debit card, PayPal or C.O.D. shipment. No partial payments or
deposits are accepted. All items purchased from Shining Light are made on the
terms of the courier’s shipment contract. This means that the risk of loss and
title for such items pass to you upon delivery to the carrier. We provide proof
of transferal upon order delivery – in case of delayed orders the customer
should contact the courier.
17 - TRADEMARKS
Shining
Light Body Jewelry Corp., www.shininglight-piercing.com, the Shining Light
Logo, and related graphics, logos, page headers, button icons, and affiliated
artwork are trademarks of Shining Light Body Jewelry Corp. Shining Light
trademarks and trade dress may not be used in connection with any product or
service that is not ours, or in any manner that is likely to cause confusion
among customers, or in any manner that discredits Shining Light.
18 – YOUR ACCOUNT
Creating
an account is the most efficient way to manage your orders with Shining Light.
If you create an account, you must be at least twelve (12) years old. Once you
have an account, you are responsible for maintaining the confidentiality of
your account and password, and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. You should immediately notify us of any unauthorized use of your
password or username, or of any other breach or threatened breach of security.
19 - CHANGES TO TERMS OF SERVICE
You can
review the most current version of the Terms of Service at any time at 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.
20 - CONTACT INFORMATION