Terms of Use

- Updated 1/1/2020 -

By using Clay N Wire, you agree to be bound by the Terms of Use below.

This website is owned and operated by Clay N Wire. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the ability to explore and purchase handmade jewelry. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.


Who can use this website and what are the requirements to create an account?
In order to use our website and/or receive our services, you must be at least 13 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.


What are the key commercial terms?
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process: (iii) the item is not to be copied, remade, or sold under a new product name.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.


When can services/products change?
We may, without prior notice, change the services/products; stop providing the services/products or any features of the services/products we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services/products without notice and liability for any reason, or for no reason.


What is the ownership of intellectual property, copyrights and logos?
The service and all products therein or transferred thereby, including, without limitation, jewelry designs, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Clay N Wire. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

What right does Clay N Wire have to suspend or cancel access to the site?
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time by emailing claynwire@gmail.com.


Indemnification
You agree to indemnify and hold Clay N Wire harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Clay N Wire be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Clay N Wire assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service or products; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page every time you visit the site. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us. If you don't want to receive such promotional materials or notices – please just notify us at any time by emailing claynwire@gmail.com.

 
Dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Maine, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in South Portland, Maine. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Contact claynwire@gmail.com regarding any questions or concerns about the Terms above.

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