Terms and conditions

1. Agreement to terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Yulia Yeshanov (“Company”, “we”, “us”, or “our”), concerning your access to and use of COLIBRI GEMS website and mobile website related, linked or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have red, understood and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROGIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to extent local laws are applicable.

2. Intellectual property rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, texts, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks and logos contained therein (the “Marks”) are owned by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights, international copyright laws and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to 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, the Content and the Marks.

3. User representations

By using the Site, you represent and warrant that:

  1. You have the legal capacity and you agree with these Terms of use;

  2. You are not a minor in the jurisdiction in which you reside;

  3. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;

  4. You will not use the Site for any illegal or unauthorized purpose;

  5. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

4. Products

We make every effort to display as accurately as possible the colors, features, specifications and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable. Current or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. Prices for all products are subject to change.

5. Purchases and payment

We accept following forms of payment:

  • Credit cards: Visa, Mastercard, American Express, China Union Pay, Isracard, Leumicard, JCB, Diners, Discover, Visa Electron, Maestro.

  • Electronic payment systems: PayPal, Bit.

You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method and payment card expiation date, so that we can complete your transactions and contact you as needed. We may change prices at any time. All payments shall be in US dollar.

You agree to authorize us to charge your chosen payment provider for any such amount upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, cancel any purchase. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judjement, appear to be placed by dealers, resellers or distributors.

6. Prohibited activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with use, features, functions, operation or maintenance of the Site.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, pt other code.

Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

Except as may be the result of standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

7. User generated contributions

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish distribute or broadcast content and materials to us or on the Site, including but not limiting to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the property rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • Your Contributions are not false, inaccurate or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • You Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate or abuse anyone.

  • Your Contributions are not used to harass or threaten any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap.

  • Your Contributions do not otherwise violate, or link to materials that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

 

8. Contribution license

You and Site agree that we may access, store, process and use any information and personal data you provide following the terms of the Privacy Policy and your choices (including settings).

We do not assert any ownership over your Contributions You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9. Site management

We reserve the right, but not the obligation, to:

  • monitor the Site for violations of these Terms of Use;

  • take appropriate legal action against anyone who, in our sole discretion, violates the law of these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

  • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of you Contributions or any portion thereof;

  • in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

  • otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

10. Term and termination

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, of the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

11. Modifications and interruptions

We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site.  We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.

We cannot guarantee the Site will be available at all times We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or supply any corrections, updates or releases in connection therewith.

12. Governing law

These terms shall be governed by and defined following the laws of Israel and yourself irrevocably consent that the courts of Israel shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

13. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

14. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

15. Disclaimer

The Site is provided on as-is and as-available basis. You agree that your use of the Site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to this Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials; (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site; (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (4) any interruption or cessation of transmission to or from the Site; (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through to Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers or products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

16. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Site; *2) breach of these Terms of use; (3) any breach of your representations and warranties set from these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. User data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

18. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. These Terms of Use operoperate to the fullest extent permissible by law.