Privacy

Privacy Contents:

  1. Terms of Service
  2. Privacy Policy

Terms of Service:

The following terms and conditions govern all use of the https://jewelpic.com website and all

content, services and products available at or through the website (taken together, the

Website). The Website is owned and operated by Jewel Pic (“Jewel Pic”). The Website is offered

subject to your acceptance without modification of all of the terms and conditions contained

herein and all other operating rules, policies (including, without limitation, Jewel Pic’S

Privacy Policy) and procedures that may be published from time to time on this Site by Jewel

Pic (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or

using any part of the web site, you agree to become bound by the terms and conditions of this

agreement. 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 and conditions are considered an

offer by Jewel Pic, acceptance is expressly limited to these terms. The Website is available

only to individuals who are at least 13 years old.

  1. Your https://jewelpic.com Account and Site. If you create ablog/site on the Website, you are responsible for maintaining the security of your account and

    blog, and you are fully responsible for all activities that occur under the account and any

    other actions taken in connection with the blog. You must not describe or assign keywords to

    your blog in a misleading or unlawful manner, including in a manner intended to trade on the

    name or reputation of others, and Jewel Pic may change or remove any description or keyword

    that it considers inappropriate or unlawful, or otherwise likely to cause Jewel Pic liability.

    You must immediately notify Jewel Pic of any unauthorized uses of your blog, your account or

    any other breaches of security. Jewel Pic will not be liable for any acts or omissions by You,

    including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Contributors. If you operate a blog, comment ona blog, post material to the Website, post links on the Website, or otherwise make (or allow

    any third party to make) material available by means of the Website (any such material,

    “Content”), You are entirely responsible for the content of, and any harm resulting from, that

    Content. That is the case regardless of whether the Content in question constitutes text,

    graphics, an audio file, or computer software. By making Content available, you represent and

    warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietaryrights, including but not limited to the copyright, patent, trademark or trade secret rights,

      of any third party;

    • if your employer has rights to intellectual property you create, you have either(i) received permission from your employer to post or make available the Content, including but

      not limited to any software, or (ii) secured from your employer a waiver as to all rights in or

      to the Content;

    • you have fully complied with any third-party licenses relating to the Content, andhave done all things necessary to successfully pass through to end users any required

      terms;

    • the Content does not contain or install any viruses, worms, malware, Trojan horsesor other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated,and does not contain unethical or unwanted commercial content designed to drive traffic to

      third party sites or boost the search engine rankings of third party sites, or to further

      unlawful acts (such as phishing) or mislead recipients as to the source of the material (such

      as spoofing);

    • the Content is not pornographic, does not contain threats or incite violencetowards individuals or entities, and does not violate the privacy or publicity rights of any

      third party;

    • your blog is not getting advertised via unwanted electronic messages such as spamlinks on newsgroups, email lists, other blogs and web sites, and similar unsolicited

      promotional methods;

    • your blog is not named in a manner that misleads your readers into thinking thatyou are another person or company. For example, your blog’s URL or name is not the name of a

      person other than yourself or company other than your own; and

    • you have, in the case of Content that includes computer code, accuratelycategorized and/or described the type, nature, uses and effects of the materials, whether

      requested to do so by Jewel Pic or otherwise.

    By submitting Content to Jewel Pic for inclusion on your Website, you grant Jewel Pic a world-

    wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the

    Content solely for the purpose of displaying, distributing and promoting your blog. If you

    delete Content, Jewel Pic will use reasonable efforts to remove it from the Website, but you

    acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Jewel Pic has the right (though

    not the obligation) to, in Jewel Pic’S sole discretion (i) refuse or remove any content that,

    in Jewel Pic’S reasonable opinion, violates any Jewel Pic policy or is in any way harmful or

    objectionable, or (ii) terminate or deny access to and use of the Website to any individual or

    entity for any reason, in Jewel Pic’S sole discretion. Jewel Pic will have no obligation to

    provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Jewel Pic the one-time and/or monthly orannual subscription fees indicated (additional payment terms may be included in other

      communications). Subscription payments will be charged on a pre-pay basis on the day you sign

      up for an Upgrade and will cover the use of that service for a monthly or annual subscription

      period as indicated. Payments are not refundable.

    • Automatic Renewal.
      Unless you notify Jewel Pic before the end of the applicable subscription period that you wantto cancel a subscription, your subscription will automatically renew and you authorize us to

      collect the then-applicable annual or monthly subscription fee for such subscription (as well

      as any taxes) using any credit card or other payment mechanism we have on record for you.

      Upgrades can be canceled at any time by submitting your request to Jewel Pic in writing.

  4. Services.
    • Fees; Payment. By signing up for a Services account you agree topay Jewel Pic the applicable setup fees and recurring fees. Applicable fees will be invoiced

      starting from the day your services are established and in advance of using such services.

      Jewel Pic reserves the right to change the payment terms and fees upon thirty (30) days prior

      written notice to you. Services can be canceled by you at anytime on thirty (30) days written

      notice to Jewel Pic.

    • Support. If your service includes access to priority emailsupport. “Email support” means the ability to make requests for technical support assistance by

      email at any time (with reasonable efforts by Jewel Pic to respond within one business day)

      concerning the use of the VIP Services. “Priority” means that support takes priority over

      support for users of the standard or free https://jewelpic.com services. All support will be

      provided in accordance with Jewel Pic standard services practices, procedures and

      policies.

  5. Responsibility of Website Visitors. Jewel Pic has not reviewed,and cannot review, all of the material, including computer software, posted to the Website, and

    cannot therefore be responsible for that material’s content, use or effects. By operating the

    Website, Jewel Pic does not represent or imply that it endorses the material there posted, or

    that it believes such material to be accurate, useful or non-harmful. You are responsible for

    taking precautions as necessary to protect yourself and your computer systems from viruses,

    worms, Trojan horses, and other harmful or destructive content. The Website may contain content

    that is offensive, indecent, or otherwise objectionable, as well as content containing

    technical inaccuracies, typographical mistakes, and other errors. The Website may also contain

    material that violates the privacy or publicity rights, or infringes the intellectual property

    and other proprietary rights, of third parties, or the downloading, copying or use of which is

    subject to additional terms and conditions, stated or unstated. Jewel Pic disclaims any

    responsibility for any harm resulting from the use by visitors of the Website, or from any

    downloading by those visitors of content there posted.

  6. Content Posted on Other Websites. We have not reviewed, and cannotreview, all of the material, including computer software, made available through the websites

    and webpages to which https://jewelpic.com links, and that link to https://jewelpic.com. Jewel

    Pic does not have any control over those non-Jewel Pic websites and webpages, and is not

    responsible for their contents or their use. By linking to a non-Jewel Pic website or webpage,

    Jewel Pic does not represent or imply that it endorses such website or webpage. You are

    responsible for taking precautions as necessary to protect yourself and your computer systems

    from viruses, worms, Trojan horses, and other harmful or destructive content. Jewel Pic

    disclaims any responsibility for any harm resulting from your use of non-Jewel Pic websites and

    webpages.

  7. Copyright Infringement and DMCA Policy. As Jewel Pic asks othersto respect its intellectual property rights, it respects the intellectual property rights of

    others. If you believe that material located on or linked to by https://jewelpic.com violates

    your copyright, you are encouraged to notify Jewel Pic in accordance with Jewel Pic’S Digital

    Millennium Copyright Act (“DMCA”) Policy. Jewel Pic will respond to all such notices, including

    as required or appropriate by removing the infringing material or disabling all links to the

    infringing material. Jewel Pic will terminate a visitor’s access to and use of the Website if,

    under appropriate circumstances, the visitor is determined to be a repeat infringer of the

    copyrights or other intellectual property rights of Jewel Pic or others. In the case of such

    termination, Jewel Pic will have no obligation to provide a refund of any amounts previously

    paid to Jewel Pic.

  8. Intellectual Property. This Agreement does not transfer from JewelPic to you any Jewel Pic or third party intellectual property, and all right, title and

    interest in and to such property will remain (as between the parties) solely with Jewel Pic.

    Jewel Pic, https://jewelpic.com, the https://jewelpic.com logo, and all other trademarks,

    service marks, graphics and logos used in connection with https://jewelpic.com, or the Website

    are trademarks or registered trademarks of Jewel Pic or Jewel Pic’S licensors. Other

    trademarks, service marks, graphics and logos used in connection with the Website may be the

    trademarks of other third parties. Your use of the Website grants you no right or license to

    reproduce or otherwise use any Jewel Pic or third-party trademarks.

  9. Advertisements. Jewel Pic reserves the right to displayadvertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Jewel Pic reserves the right to display attributionlinks such as ‘Blog at https://jewelpic.com,’ theme author, and font attribution in your blog

    footer or toolbar.

  11. Partner Products. By activating a partner product (e.g. theme)from one of our partners, you agree to that partner’s terms of service. You can opt out of

    their terms of service at any time by de-activating the partner product.

  12. Domain Names. If you are registering a domain name, using ortransferring a previously registered domain name, you acknowledge and agree that use of the

    domain name is also subject to the policies of the Internet Corporation for Assigned Names and

    Numbers (“ICANN”), including their Registration Rights and Responsibilities.

  13. Changes. Jewel Pic reserves the right, at its sole discretion, tomodify or replace any part of this Agreement. It is your responsibility to check this Agreement

    periodically for changes. Your continued use of or access to the Website following the posting

    of any changes to this Agreement constitutes acceptance of those changes. Jewel Pic may also,

    in the future, offer new services and/or features through the Website (including, the release

    of new tools and resources). Such new features and/or services shall be subject to the terms

    and conditions of this Agreement.

  14. Termination. Jewel Pic may terminate your access to all or anypart of the Website at any time, with or without cause, with or without notice, effective

    immediately. If you wish to terminate this Agreement or your https://jewelpic.com account (if

    you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if

    you have a paid services account, such account can only be terminated by Jewel Pic if you

    materially breach this Agreement and fail to cure such breach within thirty (30) days from

    Jewel Pic’S notice to you thereof; provided that, Jewel Pic can terminate the Website

    immediately as part of a general shut down of our service. All provisions of this Agreement

    which by their nature should survive termination shall survive termination, including, without

    limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

     

  15. Disclaimer of Warranties. The Website isprovided “as is”. Jewel Pic and its suppliers and licensors hereby disclaim all warranties of

    any kind, express or implied, including, without limitation, the warranties of merchantability,

    fitness for a particular purpose and non-infringement. Neither Jewel Pic nor its suppliers and

    licensors, makes any warranty that the Website will be error free or that access thereto will

    be continuous or uninterrupted. You understand that you download from, or otherwise obtain

    content or services through, the Website at your own discretion and risk.

  16. Limitation of Liability. In no event will JewelPic, or its suppliers or licensors, be liable with respect to any subject matter of this

    agreement under any contract, negligence, strict liability or other legal or equitable theory

    for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for

    substitute products or services; (iii) for interruption of use or loss or corruption of data;

    or (iv) for any amounts that exceed the fees paid by you to Jewel Pic under this agreement

    during the twelve (12) month period prior to the cause of action. Jewel Pic shall have no

    liability for any failure or delay due to matters beyond their reasonable control. The

    foregoing shall not apply to the extent prohibited by applicable law.

  17. General Representation and Warranty. You represent and warrantthat (i) your use of the Website will be in strict accordance with the Jewel Pic Privacy

    Policy, with this Agreement and with all applicable laws and regulations (including without

    limitation any local laws or regulations in your country, state, city, or other governmental

    area, regarding online conduct and acceptable content, and including all applicable laws

    regarding the transmission of technical data exported from the United States or the country in

    which you reside) and (ii) your use of the Website will not infringe or misappropriate the

    intellectual property rights of any third party.

  18. Indemnification. You agree to indemnify and hold harmless JewelPic, its contractors, and its licensors, and their respective directors, officers, employees

    and agents from and against any and all claims and expenses, including attorneys’ fees, arising

    out of your use of the Website, including but not limited to your violation of this

    Agreement.

  19. Miscellaneous. This Agreement constitutes the entire agreementbetween Jewel Pic and you concerning the subject matter hereof, and they may only be modified

    by a written amendment signed by an authorized executive of Jewel Pic, or by the posting by

    Jewel Pic of a revised version. Except to the extent applicable law, if any, provides

    otherwise, this Agreement, any access to or use of the Website will be governed by the laws of

    the San Francisco County, California, excluding its conflict of law provisions, and the proper

    venue for any disputes arising out of or relating to any of the same will be the state and

    federal courts located in San Francisco County, California. Except for claims for injunctive or

    equitable relief or claims regarding intellectual property rights (which may be brought in any

    competent court without the posting of a bond), any dispute arising under this Agreement shall

    be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial

    Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance

    with such Rules. The arbitration shall take place in San Francisco County, California, in the

    English language and the arbitral decision may be enforced in any court. The prevailing party

    in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’

    fees. If any part of this Agreement is held invalid or unenforceable, that part will be

    construed to reflect the parties’ original intent, and the remaining portions will remain in

    full force and effect. A waiver by either party of any term or condition of this Agreement or

    any breach thereof, in any one instance, will not waive such term or condition or any

    subsequent breach thereof. You may assign your rights under this Agreement to any party that

    consents to, and agrees to be bound by, its terms and conditions; Jewel Pic may assign its

    rights under this Agreement without condition. This Agreement will be binding upon and will

    inure to the benefit of the parties, their successors and permitted assigns.

Privacy

Policy:

Jewel Pic (“Jewel Pic“) operates https://jewelpic.com and may operate other

websites. It is Jewel Pic’S policy to respect your privacy regarding any information we may

collect while operating our websites.

Website Visitors

Like most website operators, Jewel Pic collects non-personally-identifying information of the

sort that web browsers and servers typically make available, such as the browser type, language

preference, referring site, and the date and time of each visitor request. Jewel Pic’S purpose

in collecting non-personally identifying information is to better understand how Jewel Pic’S

visitors use its website. From time to time, Jewel Pic may release non-personally-identifying

information in the aggregate, e.g., by publishing a report on trends in the usage of its

website.

Jewel Pic also collects potentially personally-identifying information like Internet Protocol

(IP) addresses for logged in users and for users leaving comments on https://jewelpic.com

blogs/sites. Jewel Pic only discloses logged in user and commenter IP addresses under the same

circumstances that it uses and discloses personally-identifying information as described below,

except that commenter IP addresses and email addresses are visible and disclosed to the

administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Jewel Pic’S websites choose to interact with Jewel Pic in ways that require

Jewel Pic to gather personally-identifying information. The amount and type of information that

Jewel Pic gathers depends on the nature of the interaction. For example, we ask visitors who

sign up at https://jewelpic.com to provide a username and

email address. Those who engage in transactions with Jewel Pic are asked to provide additional

information, including as necessary the personal and financial information required to process

those transactions. In each case, Jewel Pic collects such information only insofar as is

necessary or appropriate to fulfill the purpose of the visitor’s interaction with Jewel Pic.

Jewel Pic does not disclose personally-identifying information other than as described below.

And visitors can always refuse to supply personally-identifying information, with the caveat

that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Jewel Pic may collect statistics about the behavior of visitors to its websites. Jewel Pic may

display this information publicly or provide it to others. However, Jewel Pic does not disclose

personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Jewel Pic discloses potentially personally-identifying and personally-identifying information

only to those of its employees, contractors and affiliated organizations that (i) need to know

that information in order to process it on Jewel Pic’S behalf or to provide services available

at Jewel Pic’S websites, and (ii) that have agreed not to disclose it to others. Some of those

employees, contractors and affiliated organizations may be located outside of your home

country; by using Jewel Pic’S websites, you consent to the transfer of such information to

them. Jewel Pic will not rent or sell potentially personally-identifying and personally-

identifying information to anyone. Other than to its employees, contractors and affiliated

organizations, as described above, Jewel Pic discloses potentially personally-identifying and

personally-identifying information only in response to a subpoena, court order or other

governmental request, or when Jewel Pic believes in good faith that disclosure is reasonably

necessary to protect the property or rights of Jewel Pic, third parties or the public at large.

If you are a registered user of an Jewel Pic website and have supplied your email address,

Jewel Pic may occasionally send you an email to tell you about new features, solicit your

feedback, or just keep you up to date with what’s going on with Jewel Pic and our products. If

you send us a request (for example via email or via one of our feedback mechanisms), we reserve

the right to publish it in order to help us clarify or respond to your request or to help us

support other users. Jewel Pic takes all measures reasonably necessary to protect against the

unauthorized access, use, alteration or destruction of potentially personally-identifying and

personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the

visitor’s browser provides to the website each time the visitor returns. Jewel Pic uses cookies

to help Jewel Pic identify and track visitors, their usage of Jewel Pic website, and their

website access preferences. Jewel Pic visitors who do not wish to have cookies placed on their

computers should set their browsers to refuse cookies before using Jewel Pic’S websites, with

the drawback that certain features of Jewel Pic’S websites may not function properly without

the aid of cookies.

Business Transfers

If Jewel Pic, or substantially all of its assets, were acquired, or in the unlikely event that

Jewel Pic goes out of business or enters bankruptcy, user information would be one of the

assets that is transferred or acquired by a third party. You acknowledge that such transfers

may occur, and that any acquirer of Jewel Pic may continue to use your personal information as

set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may

set cookies. These cookies allow the ad server to recognize your computer each time they send

you an online advertisement to compile information about you or others who use your computer.

This information allows ad networks to, among other things, deliver targeted advertisements

that they believe will be of most interest to you. This Privacy Policy covers the use of

cookies by Jewel Pic and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Jewel Pic may change its Privacy Policy from time

to time, and in Jewel Pic’S sole discretion. Jewel Pic encourages visitors to frequently check

this page for any changes to its Privacy Policy. If you have a Jewel Pic account, you might

also receive an alert informing you of these changes. Your continued use of this site after any

change in this Privacy Policy will constitute your acceptance of such change.