Jamesaves Terms of Use

Welcome to Jamesaves (“we,” “us,” or “our”), the website located at www.jamesaves.com (the “Site”), where we offer handcrafted jewelry for purchase. These Terms of Use (“Terms”) govern your access to and use of the Site, including all content, features, and services available on or through the Site. By accessing or using the Site, you (“you” or “user”) agree to be bound by these Terms, as well as our Privacy Policy and any other policies referenced herein. If you do not agree to these Terms, you may not access or use the Site.

1. Acceptance of Terms

By using the Site, you represent and warrant that:

  • You are at least 13 years of age (or 18 years of age if you intend to make a purchase, as outlined in our Terms of Purchase).
  • You have the legal capacity to enter into these Terms (or have parental/guardian consent if you are a minor).
  • You will comply with all applicable laws, regulations, and these Terms.

We reserve the right to update or modify these Terms at any time. When we do, we will post the revised Terms on the Site with a new “Last Updated” date. Your continued use of the Site after the revised Terms are posted constitutes your acceptance of the changes.

2. License to Use the Site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes (or commercial purposes only as explicitly permitted by us). This license does not include:

  • The right to reproduce, distribute, modify, or create derivative works of any content on the Site.
  • The use of any automated tools (e.g., bots, scrapers, crawlers) to access, collect, or extract data from the Site without our prior written permission.
  • The use of the Site for any illegal, fraudulent, or harmful activity.
  • The resale or commercial exploitation of any content, features, or services on the Site.

3. User Conduct

You agree to use the Site in a manner that is lawful, respectful, and consistent with these Terms. You shall not:

  • Upload, post, or transmit any content that is illegal, defamatory, harassing, obscene, discriminatory, or infringing of third-party rights (e.g., copyright, trademark, privacy).
  • Attempt to gain unauthorized access to the Site’s servers, databases, or user accounts.
  • Interfere with or disrupt the Site’s functionality, including through viruses, malware, or other harmful code.
  • Impersonate any person or entity, or falsely state or imply a connection with Jamesaves.
  • Violate any applicable laws, including but not limited to consumer protection, data privacy, and intellectual property laws.

We reserve the right to take action against any user who violates these Terms, including suspending or terminating access to the Site, removing content, and pursuing legal remedies.

4. User-Generated Content

If you submit, post, or share any content on the Site (e.g., reviews, comments, photos, or other materials, collectively “User-Generated Content”), you grant Jamesaves a perpetual, worldwide, non-exclusive, royalty-free, and sublicensable license to use, reproduce, modify, distribute, and display such content for any purpose related to our business (e.g., marketing, product promotion, or Site improvement).

You represent and warrant that:

  • You own or have the necessary rights to submit the User-Generated Content.
  • The User-Generated Content does not infringe any third-party rights, violate applicable laws, or breach these Terms.
  • You will indemnify Jamesaves against any claims, damages, or liabilities arising from your User-Generated Content.

We reserve the right to review, edit, or remove any User-Generated Content at our sole discretion, without prior notice.

5. Account Registration

Certain features of the Site (e.g., placing orders, saving favorites, tracking shipments) may require you to create a user account. When registering an account, you agree to:

  • Provide accurate, complete, and current information (e.g., name, email address, password).
  • Maintain the confidentiality of your account credentials and not share them with any third party.
  • Notify us immediately at [email protected] if you suspect unauthorized access to your account.
  • Be responsible for all activities conducted through your account.

We reserve the right to suspend or terminate your account if we believe you have violated these Terms, provided false information, or engaged in fraudulent activity.

6. Site Content & Intellectual Property

All content on the Site, including but not limited to product images, designs, logos, text, graphics, and software (collectively “Site Content”), is the exclusive intellectual property of Jamesaves or our licensors. All trademarks, service marks, and trade names displayed on the Site (e.g., “Jamesaves”) are owned by us or our partners.

You may not use, copy, or distribute any Site Content without our prior written permission. Unauthorized use of Site Content may violate copyright, trademark, and other intellectual property laws, and we reserve the right to pursue legal action against such infringement.

7. Third-Party Links & Services

The Site may contain links to third-party websites, services, or products (e.g., payment processors, social media platforms). These links are provided for your convenience only, and we do not endorse or control the content, privacy policies, or practices of any third party.

We are not liable for any loss, damage, or harm arising from your use of third-party links or services. You should review the terms of use and privacy policies of any third-party site before accessing or using it.

8. Disclaimers of Warranties

The Site and all Site Content are provided “as is” and “as available” without any warranties of any kind, either express or implied. Jamesaves disclaims all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Warranties that the Site will be error-free, secure, or available at all times.
  • Warranties regarding the accuracy, completeness, or reliability of Site Content.

We do not guarantee that products purchased through the Site will meet your expectations, or that any defects will be corrected. Your use of the Site is at your own risk.

9. Limitation of Liability

To the fullest extent permitted by law, Jamesaves shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site, including but not limited to:

  • Loss of data, profits, or access to the Site.
  • Damages resulting from errors, omissions, or inaccuracies in Site Content.
  • Damages arising from unauthorized access to or use of your account.
  • Damages related to the purchase or use of products from the Site (subject to our Terms of Purchase).

Our total liability to you for any claims arising from these Terms shall not exceed $100. This limitation of liability applies even if we have been advised of the possibility of such damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Jamesaves, its officers, directors, employees, and partners from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Site or violation of these Terms.
  • Your User-Generated Content.
  • Your purchase or use of products from the Site.
  • Any third-party claims related to your actions or omissions in connection with the Site.

11. Termination

We may terminate or suspend your access to the Site at any time, without prior notice, for any reason, including but not limited to:

  • Violation of these Terms.
  • Fraudulent or illegal activity.
  • Inactivity of your account for a period of 12 months or more.

Upon termination, your license to use the Site will immediately cease, and you must discontinue all use of the Site. Sections 4, 6, 8, 9, 10, 12, and 13 of these Terms will survive termination.

12. Governing Law & Disputes

These Terms are governed by the laws of the State of New York, United States, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or your use of the Site shall first be resolved through good-faith negotiation with our customer service team at [email protected]. If negotiation fails, disputes shall be resolved through binding arbitration in New York, NY, conducted under the rules of the American Arbitration Association, rather than through litigation.

You waive the right to participate in a class action lawsuit or class arbitration related to any claims arising from these Terms.

13. Miscellaneous

  • Entire Agreement: These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and Jamesaves regarding your use of the Site.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.
  • Assignment: You may not assign these Terms without our prior written permission. We may assign these Terms to any third party at our discretion.

14. Contact Us

If you have questions, concerns, or feedback regarding these Terms or the Site, please contact us:

Thank you for using Jamesaves.