These terms of use (the “Terms”) constitute a legally binding contract between Rock Faery (“Rock Faery”, “we”, “us”, “our”) and you applicable to your access and use of the website located at www.rockfaery.com (the “Site”). By accessing the Site and/or purchase any products or services via the Site (the Site and products and services offered on the Site shall be collectively referred to herein as the “Services”), you acknowledge that you have read and understood these Terms, and agree to be bound by these Terms.

Additional features, tools, documents, policies, and supplemental terms and conditions may be added to the Site from time to time, and are expressly incorporated herein by reference. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes to the Terms constitutes acceptance of those changes.

By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction and legally capable of entering into binding contracts.

INTELLECTUAL PROPERTY

The Site and all content and other materials, including, without limitation, the Rock Faery logo, and all designs, text, icons, graphics, logos, images, pictures, selection, coordination, 'look and feel', information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Content") are the proprietary property of Rock Faery or its affiliates, licensors or users, and are protected by United States and international trade dress, copyright laws, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Copyright in the documents and material on the Site is owned by or licensed to Rock Faery. You are authorized to use the Site Content only for personal, non-commercial purposes. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Site without the written permission of Rock Faery or any third party that may own such trademarks or service marks.

USE OF THE SERVICES

You are granted a personal, limited, non-sublicensable license to access and use the Services for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Site Content; (b) the collection and use of any product listings, pictures or descriptions for commercial purposes; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Services and the Site Content, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of the Site, including through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Content, or any information contained therein, except as expressly permitted; (g) cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of the Site; (h) use the Site in any way which interferes with the normal operation of the Sites; (i) any use of the Services or the Site Content other than for its legal, intended purpose.

Any use of the Services or the Site Content other than as specifically authorized herein, without the prior written permission of Rock Faery, is strictly prohibited and will result in the immediate termination of the license granted herein. 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. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or Site Content without express written permission by us.

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. 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.

PRODUCT DESCRIPTION AND PRICE

We attempt to be as accurate as possible when describing our products and services on the Site, however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or information. 

The Site may contain certain typographical errors or historical information that are incomplete or outdated. We reserve the right to correct inaccuracies, errors, or omissions at any time without prior notice, including after an order has been placed. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

PAYMENT

You agree to pay the full price for all products or services you purchase through the Services. You agree to provide current, complete and accurate purchase and account information for all purchases through the Services. 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. By making a purchase through the Services, you represent and warrant that you are legally authorized to use the credit or debit card or other payment method used to make the purchase.

RETURN AND EXCHANGES

Our Returns Policy can be found here, and forms a part of these Terms and governs any return or exchange of any products purchased through the Services.

WARRANTY AND CARE

Our Warranty and Care information can be found here, and forms a part of these Terms. 

THIRD-PARTY LINKS

Certain content, products and services available via our Services 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.

USER SUBMISSIONS

You may submit ideas, comments, suggestions, proposals, plans, or other materials through the Services, with or without solicitation from us, or create and post contents to social media websites which are tagged with #RockFaery #RockFaeryJewelry or other Rock Faery brand related hashtags or identifying marks (collectively, “User Submissions”).  By submitting or posting User  Submissions, you grant to us the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use such User Submissions in any manner to be determined in our sole discretion, including but not limited to on the Site, on social media pages operated by us, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. We may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in our sole discretion, with no obligation to you whatsoever.

You hereby represent and warrant that: (i) your User Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right; (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) your User Submission will not contain libelous 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 Services or any related website; and (iv) our use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Rock Faery, and any person acting on Rock Faery’s behalf harmless from any liability related in any way to our use of your User Submissions.

Your submission of Personal Information through the Services is governed by our Privacy Policy.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services: (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 Services 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 Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services 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 Services is at your sole risk. Except as expressly stated in these Terms, the Services and all products and services delivered to you through the Services are 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 Rock Faery, 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 any service, product, or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In no event shall our liability exceed the amount you paid for the product or service that is the basis for the claim.

Some jurisdictions may not allow the exclusion or the limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rock Faery 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

We may terminate the Services and/or your account, without prior notice, for any reason, including without limitation your breach of these Terms. You may terminate the Services by discontinuing use of the Services and/or delete your account. Upon termination, your license to access and/or use the Services shall cease immediately. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 Use).

NO WAIVER

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the state of California. You acknowledge that by using the Services provided under these Terms, you have transacted business in the state of California and voluntarily submit to the jurisdiction of courts located in Los Angeles County, state of California, as to all matters relating to or arising from these Terms.

CONTACT INFORMATION

For any questions regarding these Terms, please contact us at info@rockfaery.com.