End User License Agreement
Last Updated: [1/8/2018]
This End User License Agreement (“Agreement") governs your download, installation and use of the mobile application (the "Licensed Application") provided by Super Gems Jewelry Inc.("Super Gems Jewelry Inc. ").
Super Gems Jewelry Inc. reserves the right to change or modify this Agreement at any time and in its sole discretion. If Super Gems Jewelry Inc. makes changes to this Agreement, it will provide notice of such changes, such as by sending an email notification, providing notice through the Licensed Application or updating the "Last Updated" date at the beginning of this Agreement. By continuing to access or use the Licensed Application after Super Gems Jewelry Inc.'s provision of such notice, you confirm your acceptance of the revised Agreement and all of the terms incorporated herein by reference.
This Agreement is a binding agreement between you and Super Gems Jewelry Inc. and Super Gems Jewelry Inc. is solely responsible for the Licensed Application and the content thereof.
1. Consent to Electronic Communications. Super Gems Jewelry Inc. may be required by law to send communications to you that pertain to the Licensed Application and your use thereof. You consent to receive these communications electronically (e.g., via email, through the Super Gems Jewelry Inc. website or via the Licensed Application).
2. Ownership of the Licensed Application. The Licensed Application is the valuable property of Super Gems Jewelry Inc. and its licensors and is protected by copyright and other intellectual property laws and treaties. Super Gems Jewelry Inc. and its licensors own all right, title and interest in and to the Licensed Application, including all copyright and other intellectual property rights therein. Super Gems Jewelry Inc. reserves all rights not expressly granted to you.
3. Scope of License to the Licensed Application. The Licensed Application is licensed, not sold, to you. Subject to the terms and conditions of this Agreement, Super Gems Jewelry Inc. grants you a limited, nonexclusive, nontransferable, non-sublicensable license to download, install and use the Licensed Application on any iOS device ("Device") that you own or control. The terms of this license will govern any upgrades provided by Super Gems Jewelry Inc. that replace or supplement the original Licensed Application, unless an upgrade is accompanied by a separate license in which case the terms of that separate license will govern.
4. License Restrictions. The preceding states the entirety of your rights with respect to the Licensed Application and Super Gems Jewelry Inc. reserves all rights in and to the Licensed Application not expressly granted to you in this Agreement. The license granted to you in Section 3 does not allow you to do any of the following: (a) use the Licensed Application on any Device you do not own or control; (b) distribute, copy, license, rent, sell, resell, publish, lease or otherwise transfer the Licensed Application (except as expressly permitted by this Agreement or the Usage Rules) or any proprietary materials of Super Gems Jewelry Inc. to any third party; (c) reverse engineer, decompile, disassemble or attempt to discover any source code or trade secrets related to the Licensed Application or any proprietary materials of Super Gems Jewelry Inc. ; (d) modify, alter or create any derivative works of the Licensed Application; (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Licensed Application; (f) work around any technical limitations in the Licensed Application; or (g) use the Licensed Application for purposes other than your own personal, noncommercial use, except as expressly specified in writing by us, or for which it was not designed. Unless explicitly stated herein or otherwise by Super Gems Jewelry Inc. , nothing in this Agreement shall be construed as conferring any right or license to intellectual property rights, whether by estoppel, implication or otherwise. If you breach any of these restrictions, you may be subject to prosecution and damages. This license is revocable at any time.
6. Support Services. Super Gems Jewelry Inc. is not obligated to provide any support or maintenance services for the Licensed Application. If you have any questions regarding the Licensed Application, please contact Super Gems Jewelry Inc. at <email id>
7. Product Claims. Super Gems Jewelry Inc. is responsible for addressing any questions, comments or claims relating to the Licensed Application or your possession and use of the Licensed Application, including, but not limited to (a) product liability claims; (b) any claim that the Licensed Application fails to conform to the applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. If you have any questions, please contact Super Gems Jewelry Inc. at <email id>
8. Additional Terms. The Licensed Application may enable access to websites, mobile applications and other online products and services provided by Super Gems Jewelry Inc. and third parties. Your access to and use of these websites, mobile applications or other online products and services may require your acceptance of, and compliance with, additional terms and policies provided by Super Gems Jewelry Inc. and/or third parties, as applicable.
9. No Warranty. YOU ACKNOWLEDGE AND AGREE THAT (A) THE LICENSED APPLICATION MAY CONTAIN BUGS, ERRORS AND DEFECTS; (B) DOWNLOAD, INSTALLATION AND USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK; AND (C) THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ACCORDINGLY, THE LICENSED APPLICATION IS PROVIDED "AS IS," "AS AVAILABLE," WITH ALL FAULTS, DEFECTS AND ERRORS AND WITHOUT WARRANTY OF ANY KIND. SUPER GEMS JEWELRY INC. DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED AND ARISING BY LAW OR OTHERWISE) REGARDING THE LICENSED APPLICATION AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. SUPER GEMS JEWELRY INC. SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF, OR INABILITY TO USE, THE LICENSED APPLICATION OR FOR ANY LOSS OF DATA. SUPER GEMS JEWELRY INC. DOES NOT REPRESENT OR WARRANT THAT THE LICENSED APPLICATION WILL BE DELIVERED FREE OF ANY INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS (COLLECTIVELY, "FAULTS") OR IN A SECURE MANNER OR THAT ANY FAULTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SUPER GEMS JEWELRY INC. OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY WARRANTY. IN THE EVENT THAT THE LICENSED APPLICATION IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
The laws of some states or jurisdictions do not allow the exclusion of implied warranties. To the extent that those laws apply, the exclusions set forth above may not apply to you.
10. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Super Gems Jewelry Inc.’s past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors from all claims of any kind, whether in tort, contract or otherwise (collectively, "Claims"), including damages to property or personal injury, that arise from or relate to your download, installation and/or use of the Licensed Application. In the event of any Claim that the Licensed Application, or your possession or use thereof, infringes any intellectual property rights of a third party, you agree to contact Super Gems Jewelry Inc. promptly and directly. You agree to cooperate with the Super Gems Jewelry Inc. in defending such Claims. You further agree that the Super Gems Jewelry Inc. shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any indemnities set forth in any other written agreement between you and Super Gems Jewelry Inc.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPER GEMS JEWELRY INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DOWNLOAD, INSTALLATION OR USE OF THE LICENSED APPLICATION (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SUPER GEMS JEWELRY INC., OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SUPER GEMS JEWELRY INC.' RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SUPER GEMS JEWELRY INC. HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. No Export. You may not use or otherwise export or re-export the Licensed Application or any content contained therein, except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application or any content was obtained. In particular, but without limitation, the Licensed Application and the content contained therein may not be exported or re-exported to (a) any U.S. embargoed countries; or (b) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
13. Legal Compliance. By downloading, installing and using the Licensed Application, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will comply with all applicable laws, rules and regulations, including, but not limited to, U.S. export control laws.
14. Commercial Items. If acquired by any agency of the U.S. Government, such agency acknowledges that (a) the Licensed Application constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable; and (b) such agency's rights are limited to those specifically granted under this Agreement.
15. Termination. Notwithstanding anything contained in this Agreement, Super Gems Jewelry Inc. reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Licensed Application, and to block or prevent your future access to and use of the Licensed Application.
16. Severability. If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement.
17. Contact Super Gems Jewelry Inc. If you have any questions or concerns regarding the Licensed Application or this Agreement, please contact Super Gems Jewelry Inc. at:
Super Gems Jewelry Inc.
550 S Hill St. Suite 1593
Los Angeles, CA 90013
Telephone: 626-712-9940 Email: email@example.com
Super Gems Jewelry Inc. (“we”) are committed to protecting and respecting your privacy.
1. Scope of Policy
1.1.1 Super Gems Jewelry (Version 1.0) application software (the “App”) available via http://supergemsjewelry.com once you have downloaded or installed a copy of the App in your mobile (the “Device”).
1.2 This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
2. Information We May Collect From You
We may collect and process the following data about you:
2.1 Information you give us (“Submitted information”): You may give us information about you by filling in forms on the App, or by corresponding with us (for example, by e-mail or chat). This includes information you provide when you register to use the App, download or install the App, subscribe to any of our Services, enter a competition, promotion or survey, and when you report a problem with an App or our Services. The information you give us may include your name, e-mail address, the Device's ID, financial and credit card information and password.
2.2 Information we collect about you and your device ("Automatically Collected Information"): Each time you use the App we may automatically collect the following information:
2.2.1 Technical information, including the type of device you use, a unique device identifier (for example, unique Device token generated by the operating system (OS) (the “Device Information”);
2.2.2 Information stored on your Device, which from time to time includes login information, location, photos, videos or other digital content, check ins, subscription status of any paid category(ies) (the “Content Information”)
2.2.3 Details of your use of the App and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access (the “Log Information”).
2.3 Information we receive from other sources (“Third Party Information”): We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) and may receive information about you from them.
If you contact us, we may keep a record of that correspondence.
3. Uses Made of the Information
We use information held about you in the following ways:
3.1 Submitted Information: help users efficiently access their information after they sign in; remember information so that users will not have to re-enter it the next time they use the App.
3.2 Device information: to facilitate the provision of App updates, App support, push notifications and other services; to improve the features and functionality of the App.
3.3 Content Information: to offer customized content or showing advertisements that the user may like.
3.4 Log information: to provide, improve, test and monitor the effectiveness of the App; to monitor metrics such as total number of visitors, traffic and demographic patterns.
3.5 Third Party Information: to deliver targeted advertisements, promotions and other similar initiatives.
3.6 We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
3.7 We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
4. Disclosure of Your Information
We may disclose some or all of the data we collect from you when you download or use the App to the following third parties:
Category of data
Affiliates may use this information to help provide and improve the service.
Third parties that help provide the App.
Third Party Information
Third party advertisers to allow third party networks to deliver targeted advertisements.
We may disclose your personal information to other members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
We may disclose your personal information to third parties:
4.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
4.2 If Super Gems App or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
4.3 If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
4.4 In order to:
4.4.1 Enforce or apply the EULA and other agreements or to investigate potential breaches; or
4.4.2 Protect the rights, property or safety of Super Gems App and our customers. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
5. Where We Store Your Personal Data
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access the App or certain parts of it, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or from the App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We may collect and store personal data on your Device using, for example, application data caches, but not limited to, to allow auto login features in the app.
Certain Services may include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
6. Your Rights and Managing Your Information
You have the right to access information that we hold about you. You can exercise this right by submitting a request to firstname.lastname@example.org
You may also access your personal data by logging into the App and viewing your profile section on the App where such data will be contained.
If you would like us to delete your personal data, please contact us at email@example.com and we will respond within a reasonable time. Please note that some or all of your personal data may be required in order for the App to function properly. You may withdraw consent for us to process your data at any time, however if you do so you may not be able to use the App.
You also have the right to request us to amend the information that we have about you and can do so by contacting us at firstname.lastname@example.org
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com
The App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
7. Data Retention Policy
We will retain your personal data for as long as you use the App and for a reasonable time thereafter.
Children under the age of 13 are not eligible to use the App and must not attempt to register with Super Gems App and/or submit any personal information to us. We do not knowingly collect personal information from any person who is under the age of 13 or allow them to register. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as soon as reasonably possible. If you have reason to believe that this has occurred, please contact us at firstname.lastname@example.org.
We recommend that children between the ages of 13 and 17 seek their parents or legal guardian’s permission before registering to use the App and/or submitting any personal information to us.