Introduction
Welcome to Hildie & Jo® Beads, Charms, Glass Beads, Appliques (the “Site”). This Site is owned and operated by Hildie & Jo LLC (“Hildie & Jo”, “we”, “us” or “our”). By accessing or using this Site, you agree to be bound by these Terms of Use (the “Terms” or “Agreement”) and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree to these Terms, please do not use this Site.
We may modify this Agreement from time to time, and such modification shall be effective upon posting on this Site. You agree to be bound to any changes to this Agreement when you use this Site after any such modification is posted. It is therefore important that you review this Agreement regularly.
Site Access
You must be at least 18 years old or visiting the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms to access and use this Site. If you are under 18 years old, you may only use this Site with the involvement and consent of a parent or legal guardian.
Intellectual Property Rights
The Site and its contents, features and functionality, including but not limited to all information, software, text, displays, images, video, audio, design, presentation, selection and arrangement thereof (the “Materials”), are owned by Hildie & Jo, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Materials. However, your computer may temporarily store or cache copies of Materials in RAM incidental to your accessing and viewing those Materials. You may store files that are automatically cached by your web browser for display enhancement purposes, provided that all copyright and other proprietary notices contained on the Materials are retained.
Except as otherwise provided in the Terms, you are granted a limited license to access and use the Site and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and the Content.
User Representations
By using this Site, you represent and warrant that:
- You are at least 18 years of age.
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- Your use of the Site will be in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations.
User Account
In order to access certain features of the Site, you may be required to register and create an account. When creating an account, you agree to provide true, accurate, current and complete registration information about yourself. You are solely responsible for protecting the confidentiality of your username and password and agree not to disclose your username or password to any third party. You are fully responsible for all activities that occur under your username and password. Please notify us immediately if you believe there has been any unauthorized use of your username and password or any other breach of security with your account.
Prohibited Uses of the Site
You agree not to use the Site to:
- Violate any local, state, national, or international law.
- Infringe on the intellectual property, privacy, or other rights of any person or entity.
- Post, distribute, or otherwise make available any inappropriate, unsolicited, or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages, or any other form of solicitation.
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct.
You also agree not to:
- Use any meta tags or any other “hidden text” utilizing any trademarks, service marks, trade names, logos, or product names without our express written consent.
- “Frame” or “mirror” any part of the Site without our prior written authorization.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site.
- Post or transmit any file which contains viruses, worms, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Delete or revise any material posted by any other person or entity.
- Use the Site for any commercial purpose not expressly approved in advance in writing by us.
- Systematically download and store Site content.
- Use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Site.
Purchases and Payments
In order to purchase products or services through the Site, you will have to register and create an account. When registering, you agree to provide true, current and complete registration information about yourself. By registering and providing such information, you authorize Hildie & Jo to store and use it in accordance with our Privacy Policy.
When purchasing a product or service, you authorize Hildie & Jo to charge the payment method you provide. All payment information is stored and processed by authorized third parties (e.g. Stripe) and Hildie & Jo does not directly collect or store any payment card information.
You must be at least 18 years of age to purchase products or services through the Site. We reserve the right to refuse service, terminate accounts or cancel orders in our sole discretion.
Shipping and Delivery
We will arrange for shipment of any products purchased through the Site to the delivery address you provide. Shipping and delivery may be subject to delays. We are not responsible for any delays caused by shipping carriers or customs.
All shipments are made pursuant to our Shipping Policy. You consent to receiving shipments of products you purchase. It is your responsibility to assure the product can be lawfully imported to the destination country. All duties and taxes, as well as shipping costs for international shipments, are your responsibility.
Title and risk of loss pass to you at our shipping location. We are not responsible for lost or stolen packages. We reserve the right to require delivery confirmation for certain products or destinations.
Returns and Refunds
Please review our Returns Policy posted on the Site prior to making any purchases.
We offer returns and refunds on products within 30 days of the original purchase date. To be eligible for a return, products must be in original packaging and in original condition. Customized products are final sale and non-refundable.
To return a product, please follow the instructions provided in our Returns Policy. We are not responsible for returns lost in transit.
Refunds are generally processed within 3-5 business days after receipt of the return. Refunds are made to the original payment method used to make the purchase.
User Content
The Site may allow you to upload or submit photos, images, text, reviews, comments or other content (collectively, “User Content”), which may be publicly available. You retain all ownership rights in any User Content you submit.
However, by submitting User Content, you grant Hildie & Jo a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, transferable and sublicensable license to use, copy, modify, distribute, publicly display, publish and perform your User Content in connection with the operation of the Site or our business, including without limitation for promoting and redistributing part or all of the Site.
You represent and warrant that you own all intellectual property rights or have obtained all necessary permissions to allow our use of your User Content as described. You are solely responsible for the accuracy, completeness and appropriateness of your User Content.
We have the right in our sole discretion to review, monitor, edit or delete any User Content, which we may determine violates these Terms or is otherwise unacceptable. We may also disclose User Content when required by law, court order or governmental request. We will cooperate with law enforcement and may report illegal conduct to law enforcement authorities.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HILDIE & JO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, ARISING OUT OF OR RELATING TO THE SITE, ANY MATERIALS, PRODUCTS OR SERVICES OFFERED ON THE SITE, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF HILDIE & JO SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless Hildie & Jo, its directors, officers, employees, agents, vendors, and suppliers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of materials, products or services on the Site. We shall provide notice to you of any such claim, suit or demand.
Termination of Use
We may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice, for any violation of these Terms. You agree that Hildie & Jo shall not be liable to you or any third party for any such termination or suspension of your access to or use of the Site.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of New York, without regards to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any dispute with Hildie & Jo, or in any way relating to your use of the Site, resides in the courts located in New York County, New York and you further agree and expressly consent to the exercise of personal jurisdiction in these courts in connection with any such dispute.
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions remain in full force and effect.
Contact
If you have any questions or concerns regarding these Terms or the Site, please contact us at:
Hildie & Jo LLC
123 Bead Road
New York, NY 10001
[email protected]
Complete Agreement
These Terms constitute the entire agreement between you and Hildie & Jo relating to this Site and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.
By using this Site, you signify your assent to these Terms. If you do not agree to these Terms, please do not use this Site. Your continued use of the Site following the posting of changes to these Terms will signify your acceptance of those changes.
