This website is operated by Tippy Taste Jewelry. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
1. PRODUCTS
The products and services available on the Site, and any samples that we may provide to you, are for personal use only. You may not sell or resell any of the products, services, or samples that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
2. INTELLECTUAL PROPERTY
You acknowledge that the Site may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Tippy Taste, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on any content found on the Site, in whole or in part. Any use of the Site or any content other than as specifically authorized herein, without the prior written permission of Tippy Taste Jewelry, is strictly prohibited.
The Tippy Taste Jewelry name and logo are trademarks of Tippy Taste Jewelry. Other company, product, and service names and logos used and displayed or otherwise incorporated into the Site may be trademarks or service marks of their respective owners, and nothing in this Terms and Conditions should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tippy Taste Trademarks or other trademarks displayed on the Site, without prior written permission in each instance. All goodwill generated from the use of Tippy Taste Trademarks will inure to our exclusive benefit.
We respect the intellectual property of others. If you believe that any content on the Site has been copied in a way that constitutes copyright or trademark infringement, please email us at mail@tippytaste.com to notify us of a claimed infringement.
3. SOCIAL MEDIA SUBMISSIONS
You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #TippyTasteFine #TippyTaste or other Tippy Taste Jewelry brand hashtags or identifying marks, you grant to Tippy Taste, its third-party service providers who provide content management services, and its retail partners (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Tippy Taste-tagged User Submissions in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on their webpages, social media pages operated by Tippy Taste, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties 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 their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that: (i) you own all rights in and to your User Submissions; (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor; and (iv) the Licensed Parties’ 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 Tippy Taste, the Licensed Parties, and any person acting on Tippy Taste’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.
4. MODIFICATION TO THE SERVICE AND PRICES
We attempt to be as accurate as possible when describing our products 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.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
Prices are subject to change without notice. We reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
5. THIRD PARTY LINKS
Users may find advertising or other content on the Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website's own terms and policies. Tippy Taste shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.
6. LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service 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 service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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 Tippy Taste Jewelry, 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, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
7. MISCELLANEOUS
This Terms and Conditions supersedes any prior Terms and Conditions between you and Tippy Taste with respect to the Site or the terms contained herein. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Terms and Conditions shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Tippy Taste Jewelry agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York.
YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS TERMS AND CONDITIONS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS TERMS AND CONDITIONS.
8. CONSENT & CHANGES
Your use of this Site shall be deemed express approval of all terms of this Terms and Conditions. If you do not consent to this Terms and Conditions or any of the above terms, please immediately exit and discontinue use of the Site. Tippy Taste has the discretion to update this Terms and Conditions at any time. In the event this Terms and Conditions is updated, we will also update the date set forth below. Please check this page regularly to keep informed of any such updates.
YOUR CONTINUED USE OF THE SITE SHALL BE DEEMED ACCEPTANCE OF THIS TERMS AND CONDITIONS AND ANY CHANGES THERETO.
9. CONTACT
Questions about the Terms of Use should be sent to us at mail@tippytaste.com.