Terms & Conditions


TERMS OF USE

Please read these terms and conditions carefully before using the site.

This agreement (the "Terms of Use") sets forth the terms and conditions which apply to your use of www.gelinabaci.com or other sites owned and operated by Gelin Abaci and any product or service offered by Gelin Abaci for use, subscription or sale (the "Services"). Subject to the terms and conditions below, and your acceptance thereof, Gelin Abaci agrees to grant, and you agree to accept, a non-exclusive, non-transferable, single computer license to use and display the Services and related software for your personal or household non-commercial use by any machine(s) of which you are the primary user (the "Limited License"). Without limiting the foregoing, you agree not to use the contents of the Services for any other use or purpose. You further agree that you will not, and will not attempt, to copy or distribute the content of the Services to any other person unless specifically permitted by Gelin Abaci or otherwise violate the single computer, non-commercial display and use Limited License granted hereunder.

If you do not understand and accept the provisions, do not use the Services. You agree to review these Terms of Use for changes each time you use the Services. Your use of the Services shall be deemed to constitute your acceptance of this Agreement and all of Gelin Abaci's rules and restrictions related to the Services, as they may change from time to time.

If you order any goods or services from any third party, including, without limitation, an authorized Gelin Abaci jeweler, even if Gelin Abaci is an affiliate of such third party and/or links to its site or otherwise facilitates its orders or sales, you agree to look solely and exclusively to such third party in all respects relating to your claims, complaints, losses, damages or other problems relating to such third party and its services. For information on how to contact us, click contact@gelinabaci.com.

LAWFUL USE

You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services. Without limiting the foregoing, you agree not to post on or transmit through the Services any material which violates or infringes in any way upon the rights of others; is threatening, abusive or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, filthy, excessively violent or otherwise objectionable; or which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Gelin Abaci or by third-party content providers in connection with third-party content, software or services available on or through the Services.

RIGHTS

The content of the Services includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Services are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Gelin Abaci owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Gelin Abaci. Third-party content providers own the copyright in content that is original to them. "Gelin Abaci" and "GAI" are trademarks and service marks of Gelin Abaci. All rights are reserved. All other trademarks and service marks appearing on the site are the property of their respective owners, including, in some instances, Gelin Abaci. All rights are reserved. Use of any of our trademarks, service marks or names as "metatags" on other web sites is prohibited. You may not display our Services or content in frames or "in-line links" without express written permission from Gelin Abaci (e-mail requests to merchant@gelinabaci.com).

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content of the Services, nor will you attempt to so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of Gelin Abaci and the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from the Services.
Gelin Abaci does not solicit submissions, creative materials, ideas or suggestions other than those Gelin Abaci specifically requests. Any communications or materials you transmit to Gelin Abaci by electronic email or otherwise including, without limitation, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes or message postings will be treated as non-confidential and non-proprietary. You hereby unconditionally and irrevocably transfer and assign to Gelin Abaci, its parent and its and their affiliates, subsidiaries, successors and assigns, in perpetuity, the royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, sell, license, display and otherwise exploit the material you send to Gelin Abaci, in all languages and throughout the universe, in any form, media or technology now known or hereafter devised. You acknowledge and expressly agree that any such communications or materials you transmit or post may be used by Gelin Abaci and its affiliates, subsidiaries, successors and assigns, for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products using such information, and you hereby waive the right to receive any financial or other consideration in connection with such information, including, without limitation, credit.

USAGE RULES

You agree not to use bots, spiders or intelligent agent software or other methods for any purpose other than accessing publicly posted portions of the Services and then only for the purposes consistent with the Limited License and these Terms of Use. You agree not to, or to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services; not to data mine the Services and not to in any way cause harm to or burden the Services. You agree that you will not post on or transmit through the Services any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail, without Gelin Abaci's express prior written approval and, if then, solely in accordance with the terms and conditions imposed by Gelin Abaci with respect thereto. You further agree not to use the Services, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever. You agree not to use the Services in any way that abuses, defames, stalks, annoys, threatens or violates the rights of privacy, publicity, intellectual property or other legal rights of others (now or hereafter recognized) or to post, publish, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful matters, including, without limitation, information, topics, names or other material.

E-COMMERCE AND PRODUCT SPECIFICATIONS

Gelin Abaci does not sell any products directly from its website. Please contact an authorized Gelin Abaci jeweler to purchase our products. If you order any goods or services from any third party, even an authorized Gelin Abaci jeweler, and even if Gelin Abaci is an affiliate of such third party and/or links to its site or otherwise facilitates its orders or sales, you agree to look exclusively to such third party in all respects relating to your claims, complaints, losses, damages or other problems relating to such third party and its products and services.

While we cannot guarantee that the product specifications are error free, we strive to ensure that our online catalog is as accurate as possible. We reserve the right to change the product specifications at any time without notice. Please contact your authorized Gelin Abaci jeweler with any questions and to find out additional information about our products.

In order to give you the opportunity to view our products in great detail, some products may appear on your computer monitor larger or smaller than their actual size in our photographs, and, since each computer monitor has different settings, color and size may vary slightly.

Our objective is to provide you with information and details about our products so that you can see the beauty and shape of a particular product. The dimensions of a product and/or the number or carat weight of the side stones of a product may change depending upon the choice of center stone that you purchase from an authorized Gelin Abaci jeweler. For example, each Gelin Abaci product is able to display a center stone within a specific range of carat weights. If you purchase a Gelin Abaci product from an authorized Gelin Abaci jeweler, you will determine the size of your center stone from within Gelin Abaci's available carat weight range for that product.

Although we strive to maintain an up-to-date catalogue of our products on our website, Gelin Abaci reserves the right to discontinue manufacturing any item at any time in our sole discretion.

SOCIAL MEDIA TERMS OF USE


GelinAbaci’s profiles on social media -- including but not limited to Facebook, Twitter, Instagram and Pinterest -- are fun, family-friendly communities, where we invite you to share your passion, feedback and questions about GelinAbaci, our products and service.

We welcome your comments, pictures, videos and other content ("User Content") so long as your User Content complies with the terms of use of each social media platform on which you engage with us.

By engaging with us on social media, you understand and agree that we respectfully reserve the right to review, hide and/or delete any User Content for any or no reason, including User Content that we determine in our sole discretion violates the official terms of use of each social media platform on which you engage with us, or is otherwise inappropriate or offensive, harmful to us, other GelinAbaci fans, or any third party. Repeat offenders may be removed from our social media profiles.

In addition to the rights that you grant to us on each social media platform, you grant to GelinAbaci a royalty-free license to use your User Content in any manner or media, globally, forever, without any obligation to you. This includes the right to use any ideas you submit (including ideas about our products or advertising, marketing, and social media campaigns) in any manner that we choose, without any financial obligation or otherwise. You also grant us the right to include the name provided with the User Content you have posted.

We reserve the right to update or modify these Social Media Terms of Use at any time without prior notice.

ADDITIONS AND CHANGES

You agree to review this Agreement each time you use the Services to be aware of Changes (as defined herein). Gelin Abaci has the right, at any time, to: (a) add, change or discontinue any aspect or feature of the Services, including, but not limited to, (b) content, availability and equipment needed for access or use; (c) impose, change or modify its terms and conditions applicable to your use of the Services, or (d) any part thereof; and/or (e) to impose, change or modify the terms and conditions of this Agreement ("Changes"). Such Changes shall be effective immediately upon notice by posting the Changes on Gelin Abaci's and Services or by any other method of notice Gelin Abaci deems appropriate. Any use of the Services by you after notice of the Changes constitutes acceptance by you of such Changes.

EXTERNAL LOCATIONS/LINKING

The Services may contain links to external locations (e.g., other web sites, etc.) and the ability to access external portions of the Internet or otherwise. You agree that Gelin Abaci is not responsible for the availability of these external locations, the content, including, without limitation, solicitations thereon or products or services made available thereby. You acknowledge that some external locations may contain materials or communications which are unedited, untrue, illegal in some jurisdictions and may be offensive. You agree to access external locations at your own risk and not to permit minors to have access in inappropriate material. You agree that Gelin Abaci shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location and you hereby irrevocably waive any and all claims related thereto against Gelin Abaci. Any concerns regarding any external location should be directed to its respective site administrator, systems operator or webmaster and to merchant@gelinabaci.com. You agree you do not have the right to link to Gelin Abaci's home page or any other page of our website from any site.

EQUIPMENT

You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Services, and you shall be responsible for all charges related thereto.

DISCLAIMER

You understand that we cannot and do not promise, guarantee or warrant that files you download through the Internet will be free from viruses, worms, Trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. We do not assume any responsibility for your use of the Internet. The content of the site may not be complete or up-to-date and should not be used to replace any other statements or notices provided by us. Information obtained by using this site is not exhaustive and does not necessarily cover all relevant issues.

USE THIS WEBSITE AT YOUR OWN RISK
USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information on this site is current only as of the date it is posted.

LIMITATION ON LIABILITY

GELIN ABACI, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, OFFICERS, AND DIRECTORS (COLLECTIVELY, HEREAFTER, "GELIN ABACI INDEMNITEES") WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST OPPORTUNITY, LOSS OF BUSINESS REPUTATION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will indemnify and hold Gelin Abaci Indemnitees harmless from any breach of these Terms of Use by you, including any use of content from the site other than as expressly authorized by us in these Terms of Use. You agree that the Gelin Abaci Indemnified Parties will have no liability in connection with any such breach or unauthorized use. You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Gelin Abaci Indemnified Parties in connection herewith. You will also indemnify and hold the Gelin Abaci Indemnified Parties harmless from and against any claims brought by any third parties arising out of your use of this site.

SECURITY AND PRIVACY

If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate all suspected violations of these Terms of Use.
We reserve the right to fully cooperate with any law enforcement authorities or court order requesting disclosure of the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GELIN ABACI INDEMNITEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GELIN ABACI INDEMNITEES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GELIN ABACI INDEMNITEES OR LAW ENFORCEMENT AUTHORITIES.

You agree that Gelin Abaci shall have the right, but not the obligation, to monitor the content of the Services and the use of the Services by you and other users (including, without limitation, by keystroke capture) to determine compliance with this Agreement and for any other purpose deemed appropriate by Gelin Abaci and further that Gelin Abaci may use the information gathered during such monitoring for any purpose deemed appropriate by Gelin Abaci to the extent permitted by law. You further agree that, subject only to Gelin Abaci's Privacy Policy (set forth above) as it may change from time to time, personal data provided by you to Gelin Abaci may be used, to the extent permitted by law, for any purpose Gelin Abaci deems appropriate and may, within Gelin Abaci's sole discretion, be given or sold to our affiliates or third parties. You acknowledge that you understand that when you disclose personal information (e.g., user name, e-mail address) on the Services, that information can be monitored, collected and used by others and may result in unsolicited messages from other users or other third parties and that you consent to all such monitoring, collection and use. If you object to our sharing of your personal information, you may opt out of information by sending an email to us at optout@gelinabaci.com.

You agree that Gelin Abaci in its sole discretion, shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on the Services, for any reason whatsoever, including, without limitation, if Gelin Abaci considers that the material constitutes or promotes gambling or any illegal activity, or if Gelin Abaci considers the material to be pornographic, sexually explicit, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. Notwithstanding the foregoing, you shall remain solely responsible for the content of material you submit to the Services.

Furthermore, you acknowledge that the Services may not be monitored and that you do not rely on Gelin Abaci to monitor or edit the Services and that the Services may contain content which you find offensive, and you hereby waive any objections you might have with respect to viewing such content.

GOVERNING LAW

These Terms of Use will be governed and interpreted pursuant to the laws of the State of California, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and us. The parties to these Terms of Use each agree that, subject to the arbitration requirement, the exclusive venue for any dispute between the parties arising out of or relating to Gelin Abaci or these Terms of Use will be in the state and federal courts in Los Angeles, California; provided that Gelin Abaci may elect to bring an action against you in any applicable jurisdiction if you fail to submit to jurisdiction and venue in Los Angeles, California or to enforce any award or order. You agree that any suit, action or proceeding arising out of or relating to this Agreement or any of the transactions contemplated herein or related to Alex.Madison (including without limitation, statutory, equitable or tort claims) shall be resolved solely by binding arbitration before a sole arbitrator under the rules and regulations of the American Arbitration Association ("AAA"); provided, however, that notwithstanding the parties' decision to resolve any and all disputes arising under this Agreement through arbitration, Gelin Abaci may seek to obtain injunctive relief or other equitable relief from a court to enforce the provisions hereof or the decision of the arbitrator. The arbitration shall be held in Los Angeles, California. The arbitrator shall apply the substantive laws of the State of California, shall issue a written decision, and shall have the power to award any legal remedies except for punitive damages. The parties will split the arbitrator's fee. You irrevocably waive any rights to bring or participate in any class action related in any way hereto.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they apply. We may revise these Terms of Use at any time.

MISCELLANEOUS
Gelin Abaci operates and controls the Site from its offices in Los Angeles, in the United States of America. Gelin Abaci makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You and Gelin Abaci irrevocably disclaim and waive the application of the U.N. Convention for the International Sale of Goods. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. These Terms and Conditions are effective until terminated by either party. Users may terminate this Agreement by destroying all materials (including, without limitation, all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise) obtained from this Site (or any other web site or source). The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Gelin Abaci if, in our sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon such termination, you must destroy all materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement. This Agreement contains the entire understanding of you and Gelin Abaci, and supersedes all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except by a writing signed by an authorized signatory for Gelin Abaci. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.

COMPLAINTS, NOTICES AND OFFICIAL ADDRESS

Gelin Abaci takes the intellectual property rights of others very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material on our Services infringes any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please send the specific details of your claimed infringement via either email or letter to the following contact:

Gelin Abaci
614 S. Glendora Avenue
Glendora, California, 91740
Email: merchant@gelinabaci.com.

In your notification, please include the following information: (1) Identification of the copyrighted work(s) claimed to have been infringed and statement of ownership to such work(s); (2) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and (3) information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address at which you may be contacted; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) Your physical or electronic signature.

Last updated: March 5, 2015.

Gelin Abaci™ and all characters, logos, names and all related indicia are service marks or trademarks of Gelin Abaci Inc. or provided by third parties under license or permission. © 2015. All rights reserved.

Use of this site signifies your acceptance of the Terms of Use and Privacy Policy listed above.