Terms of Use

Welcome to the Blue Ruby Jewellery Website (the "Site). These terms of use (“Terms of Use”) apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Beaumont Stanley Inc. doing business as Company Jewellery (the “Company”) for other products or services. Company reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

If you have any questions or comments regarding the use of the Site, please contact ruby@blueruby.com

Incorporated Policies or Terms
Privacy Policy. Company believes strongly in protecting user privacy and providing you notice of Company‘s collection and use data, including personally identifying information, collected from the Site. Therefore, Company has adopted a Privacy Policy that you should refer to fully understand how Company uses and collects personal information.

Licence and Site Access
Company grants you a limited licence to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or licence by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Company or any third party.

You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Company’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Company name, trademark, or product name without Company’s express written consent.

Any unauthorized use of this Site will terminate the permission or licence granted by these Terms of Use and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators wilt be prosecuted to the fullest extent of the law.

Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation, the Company logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are ALL RIGHTS RESERVED Copyright © 2013 Beaumont Stanley Inc. doing business as Company Jewellery and/or its third party providers, suppliers and licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non commercial, and informational use only; provided that, you may not, without the permission of Company or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

Trademarks and Service Marks
Company, the Company logo, and the products and services described in this Site, including without limitation, “Company” and “BLUE RUBY JEWELLERY” are either trademarks, service marks or registered trademarks of Company and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Company, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Company. All other trademarks, registered trademarks, product names and Company names or logos mentioned herein are the property of their respective owners.

Third Party Content
Third Party Content. This Site may contain content provided or supplied by third parties (the “Third Party Content”). Access to the Third Party Content is provided as a service to those interested in the information. Company does not create, nor have control over the Third Party Content. Company makes no representations or warranties whatsoever regarding the accuracy or completeness of the Third Party Content and the indemnification, disclaimer and limitation of liability provisions in these Terms of Use apply to the Third Party Content. Users visit this Site and use the information contained therein at their own risk.

Enforcement. Company has the right, but not the obligation, to monitor any activity and content associated with its Site. Company may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted content. Company reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Company’s systems and customers, or to ensure the integrity and operation of Company’s business and systems, Company may access and disclose any information it considers necessary or appropriate, but only in accordance with applicable law or regulation, including, without limitation, user profile information (i.e. name, e mail address, etc.), IP addressing and traffic information, usage history, and posted content. Company’s right to disclose any such information in accordance with applicable law or regulation shall govern over any terms of Company’s Privacy Policy.

Third Party Links. Company may provide links to third party Web sites or services on the Site. Company makes no representations or warranties regarding, and accepts no liability or responsibility whatsoever for, the quality, content, nature or reliability, including but not limited to the accuracy or completeness of the content, information, or opinions of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of Company and Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Company of the site or any information contained therein. When leaving the Company site, you should be aware that Company’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Indemnification. You agree to indemnify and hold harmless Company and its officers, directors, employees, representatives and agent from any claim, action, demand, loss, or damages (including reasonable legal fees) brought by you or on your behalf, or made or incurred by any third party arising out of or relating to your use of this Site, including but not limited to your conduct, your violation of these Terms of Use, or your violation of any rights of a third party. Company reserves the right to assume the exclusive defence and control of any such mailer, which shall not excuse your indemnity obligations.

Submissions
You agree that any materials, including but not limited to photos, videos, graphics, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e mail or submissions to Company, or postings on this Site or on any social media site on which the Company has an account (including without limitation, Facebook, Twitter and Instagram), are non confidential (subject to Company’s Privacy Policy) and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Company irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

Disclaimers
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

REPRESENTATION AND WARRANTY DISCLAIMER. COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY CONTENT PROVIDED OR SUPPLIED BY THIRD PARTIES. YOU ARE ADVISED TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

(a) COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE.

(b) COMPANY  DOES NOT REPRESENT OR WARRANT TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY PRODUCTS DISPLAYED ON THE SITE AS TO THE EXISTENCE, OWNERSHIP, ACCURACY, DESCRIPTION OR CONDITION OF ANY PRODUCTS, EQUIPMENT, ACCESSORIES AND/OR PRICE.

(c) COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.

(d) WHILECOMPANY  ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Company reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Company.

Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF COMPANY'S SITE EXCEED $10.00 OR THE COMPENSATION YOU PAID COMPANY, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, applicable to agreements made and entirely to be performed within the Province of British Columbia, Canada, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in courts located in the Province of British Columbia, Canada, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination
Notwithstanding any of these Terms of Use, Company reserves the right, without notice and in its sole discretion, to terminate your licence to use the Site, and to block or prevent future access to and use of the Site.

Severability
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement
These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.