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Welcome to our online store! City Gems and its associates provide their
services to you subject to the following conditions. If you visit or shop within
this website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our
website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit City Gems or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips,digital downloads, data compilations, and software,
is the property of City Gems or its content suppliers and protected by
Australian and international copyright laws. The compilation of all content on
this site is the exclusive property of City Gems, with copyright authorship for
this collection by City Gems, and protected by U.S. and international
copyright laws.The software application provider and author for "osCommerce",
isused under the GNU GENERAL PUBLIC LICENSE and all original authorship and
creditfor osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
City Gems' trademarks and trade dress may not be used in connection with any
product or service that is not City Gems', in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits City
Gems. All other trademarks not owned by City Gems or its subsidiaries that appear
on this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by City Gems or its subsidiaries.
LICENSE AND SITE ACCESS
City Gems grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of City Gems. This license does not
include any resale or commercial use of this site or its contents: any collection
and use of any product listings, descriptions, or prices: any derivative use of
this site or its contents:any downloading or copying of account information for
the benefit of another merchant: or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this site may
not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of City
Gems. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or
form) of City Gems and our associates without express written consent. You may
not use any meta tags or any other":hidden text": utilizing City Gems' name or
trademarks without the express written consent of City Gems. Any unauthorized use
terminates the permission or license granted by City Gems. You are granted a
limited, revocable,and non exclusive right to create a hyperlink to the home page
of City Gems so long as the link does not portray City Gems, its associates, or
their productsor services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any City Gems logo or other proprietary graphic
or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, 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. If you are under 18, you may use our website only with involvement
of a parent or guardian. City Gems and its associates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit
suggestions, ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings, or
any form of ":spam.": You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other
content. City Gems reserves the right (but not the obligation) to remove or edit
such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant City Gems and its associates a non exclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant City Gems and its associates
and sublicensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post: that the content is
accurate: that use of the content you supply does not violate this policy and
will not cause injury to any person or entity: and that you will indemnify City
Gems or its associatesfor all claims resulting from content you supply. City
Gems has the right but not the obligation to monitor and edit or remove any
activity or content. City Gems takes no responsibility and assumes no liability
for any content posted by you or any third party.
RISK OF LOSS
All items purchased from City Gems are made pursuant to a shipment contract.
This basically means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
City Gems and its associates attempt to be as accurate as possible. However,
City Gems does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product
offered by City Gems itself is not as described, your sole remedy is to return it
in unused condition.
DISCLAIMER OF WARRANTIESAND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY City Gems ON AN ":AS IS": AND ":AS AVAILABLE":
BASIS. City Gems MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLEBY APPLICABLE LAW, City Gems DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. City Gems DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM City Gems ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. City Gems WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOTALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting City Gems, you agree that the laws of the state of ' .
STORE_LOCATION . ', without regard to principlesof conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between you
and City Gems or its associates.
DISPUTES
Any dispute relating in any way to your visit to City Gems or to products you
purchase through City Gems shall be submitted to confidential arbitration in
Australia, except that, to the extent you have in any manner violated or
threatened to violate City Gems' intellectual property rights, City Gems may
seek injunctive or other appropriate relief in any state or federal court in the
state of Western Australia, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrators
award shall be binding and may be entered as ajudgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or
otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy,
posted on this site. These policies also govern your visit to City Gems. We
reserve the right to make changes to our site, policies, and these Conditions of
Use at any time. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy
related material can be directed to our support staff by clicking on the "Contact
Us" link in the above menu.
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