Website Terms of Use | RisenGem

The risengem.com website is owned and operated by RisenGem, a Delaware corporation ("RisenGem", "we", "our", or "us"). These Terms of Use (these "Terms") are intended to make you aware of the terms and conditions for your use of our website and any related content or information (the "Site"). We reserve the right to update and modify these Terms at any time without prior notice. Any modifications to these Terms will be effective immediately upon posting of the updated Terms on the Site. Your continued use of the Site following a notice of updated Terms constitutes your acceptance to be bound by any changes.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS FORM A LEGALLY ENFORCEABLE AGREEMENT. BY USING THE SITE, ACCESSING ANY INFORMATION FROM THIS SITE, INCLUDING SUBSCRIBING TO OUR NEWSLETTER, OR MANIFESTING YOUR ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, SUBSCRIBE TO OUR NEWSLETTER, POST OR DOWNLOAD CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE SITE.

1. Site Generally; Prohibited Uses.

1.1 Right to Modify

RisenGem reserves the right, in its sole discretion and without prior notice, to change, modify, discontinue, terminate, or suspend all or part of the Site. RisenGem will not be liable if, for any reason, all or any part of the Site is unavailable at any time for any period.

1.2 Communications and Text Messaging

As part of our Site, you may request to receive more information about RisenGem and its products, and you hereby agree that we may contact you via the means you select and those contacts are subject to these Terms, including the following provisions. Without limiting the generality of the foregoing, RisenGem offers a mobile messaging program (the "SMS/MMS Program"). The SMS/MMS Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the SMS/MMS Program, such as through online or application-based enrollment forms.

User Opt Out: If you do not wish to continue participating in the SMS/MMS Program, you agree to reply STOP to any mobile message from us in order to opt out of the SMS/MMS Program. You may receive an additional mobile message confirming your decision to opt out.

1.3 Newsletter

You are able to sign up for our email newsletter with an email address and/or additional information as may be requested. You may not use a name, email, or phone number of another person or entity with the intent to impersonate that person. You shall provide RisenGem with accurate, complete and updated information. You may unsubscribe from our newsletter by clicking the unsubscribe link provided at the end of the newsletter.

1.4 Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You shall not use the Site in any way that (i) is fraudulent, deceptive, threatening, abusive, harmful, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or illegal; (ii) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (iii) misrepresents the source or identity of you or any material; (iv) uploads malware, viruses, or other harmful content; (v) impersonates any person or entity; (vi) engages in any illegal activity; (vii) sends unauthorized communications or spam; (viii) crawls or spiders any page of the Site; (ix) decompiles or reverse engineers the Site; or (x) removes or alters any notices on the Site.

1.5 Site Generally

At RisenGem, we provide clients with an opportunity to transform the ashes of their loved ones into diamonds. You can use the Site to learn more about RisenGem and our products, including memorial diamonds. However, orders for diamonds and other products are subject to an order and separate terms and conditions specific to that order. By accessing the Site, you represent and warrant that (i) all information you submit is accurate and truthful; and (ii) you are legally permitted to use and access the Site.

2. Submissions; Content.

2.1 Content on the Site

"Content" means information, text, links, graphics, photos, audio, videos, or other materials uploaded, downloaded, or appearing on the Site (collectively, the "Content"). The Content we provide on the Site is not guaranteed to be accurate and may contain errors, omissions, or non-binding estimates. We reserve the right to update and modify such Content.

2.2 Your Submissions

You represent and warrant that (i) all information submitted to us is complete and accurate, and (ii) you have the right to provide us with all such information. You agree not to impersonate any individual or make misleading, false, or defamatory statements.

3. Intellectual Property; License Grant.

3.1 Site or Product Feedback

You grant RisenGem an exclusive, transferable, sublicensable, worldwide, royalty-free irrevocable license to use and commercialize any suggestions, ideas, enhancement requests, feedback, recommendations or other similar information provided by you relating to our Site, products, or business.

3.2 RisenGem Intellectual Property

Ownership of all right, title, and interest in and to all intellectual property rights in the Site, and all related Content therein shall remain with RisenGem or its licensors. You acquire only the right to use and access the Site pursuant to these Terms.

3.3 Grant of License

RisenGem grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and make personal use of the Site, including the Content. This license does not include any resale or commercial use of the Site.

4. Term; Termination.

These Terms remain in effect until the earlier of (i) the date which you delete, or we terminate your access to the Site; or (ii) the date we cease making our Site available.

5. Link to Third Party Sites.

The Site may provide links to other websites. We do not endorse, warrant or guarantee the products or services available through any third party offer, and we are not an agent or broker or otherwise responsible for the activities or policies of those websites.

6. Warranty; Disclaimers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE (AND ALL RELATED CONTENT) IS PROVIDED BY US "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, RISENGEM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. RISENGEM MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

7. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO THESE TERMS AND THE SITE IS LIMITED TO DIRECT MONEY DAMAGES, NOT EXCEEDING ONE HUNDRED US DOLLARS ($100). THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT ENLARGE THE LIMIT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RISENGEM BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

8. Indemnification.

You shall indemnify, defend, and hold harmless RisenGem against any and all loss, damage, or expense incurred by RisenGem as a result of any claim arising out of or related to: (i) your use or misuse of the Site; (ii) your actual or alleged violation of these Terms or applicable law; (iii) your infringement of any intellectual property or privacy rights of any third party; and (iv) injury to person or property arising from acts of negligence or misconduct by you.

9. General Provisions.

9.1 Contact

All inquiries about these Terms may be directed to RisenGem at info@risengem.com.

9.2 Survival

Those provisions that by their nature are intended to survive termination or expiration of these Terms shall so survive.

9.3 Governing Law; Venue

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to conflict-of-law principles that would require application of another jurisdiction. Any dispute shall be submitted to the competent courts located in Zhengzhou, Henan Province, China, unless a mandatory consumer-protection forum applies where you reside.

9.4 Waiver

No waiver by RisenGem of any right or provision under these Terms shall constitute a subsequent or continuing waiver of such right or provision.

9.5 Entire Agreement; Severability

These Terms set forth the entire and exclusive understanding between you and RisenGem regarding its subject matter and your use of the Site. If any provision is invalid or unenforceable, the other provisions shall remain unaffected.

9.6 Assignment

You shall not assign these Terms without the prior written consent of RisenGem. Assignments made in violation of this section will be null and void.

9.7 Relationship of the Parties

These Terms do not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

9.8 Privacy Notice

For information regarding RisenGem's treatment of personal information, please review our current Privacy Notice. You agree we can use such information in accordance with such notice and applicable law.

RisenGem Website Terms of Use