NINADESIGNS.COM CONDITIONS-OF-USE

Welcome to ninadesigns.com. To use the services offered at Nina Designs® or by any of its affiliates, you must agree to the following conditions. If you visit or shop at ninadesigns.com, you accept these conditions.

Please read them carefully. In addition, when you use any current or future ninadesigns.com service or visit or purchase from any business affiliated with Nina Designs Ltd, whether or not included in the ninadesigns.com Web Site, you will be subject to both this Conditions of Use agreement and the guidelines and conditions applicable to such service or business. ninadesigns.com reserves the right, from time to time, with or without notice to you, to make changes to this agreement in ninadesigns.com's sole discretion. Continued use of any part of this web site constitutes your acceptance of such changes. The most current version of this agreement, which supersedes all previous versions, can be reviewed by clicking on the “terms of use” hyperlink located at the bottom of every page on the ninadesigns.com website.

  1. PRIVACY

    1. Privacy Policy. Please review our Privacy Notice, which also governs your visit to ninadesigns.com, to fully understand our practices.

  1. ELECTRONIC COMMUNICATIONS

    1. Legal Satisfaction. When you visit ninadesigns.com or send e-mails to us, you are communicating with us electronically.

    2. Consent. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    3. Complaints. ninadesigns.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Nina Designs with the written information specified below.

      • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      • A description of the copyrighted work that you claim has been infringed upon;
      • A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
      • Your address, telephone number, and e-mail address;
      • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  1. COPYRIGHT

    1. Copyright Protection - the Site. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ninadesigns.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property ofninadesigns.com and protected by U.S. and international copyright laws. All software used on this site is the property of ninadesigns.com or its software suppliers and protected by United States and international copyright laws.

    2. Copyright Protection - the Merchandise. All ornaments and jewelry featured or sold on this site, except as attributed to other designers, is the property of ninadesigns.com. or its subsidiaries, and protected by United States and international copyright laws.

  1. TRADEMARKS

    1. Protected Marks. Nina Designs®, ninadesigns.com and other marks indicated on our site are trademarks of Nina Designs, Inc. or its subsidiaries.

    2. Protected Graphics. All ninadesigns.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Nina Designs, Inc. or its subsidiaries. Nina Designs, Inc. trademarks and trade dress may not be used in connection with any product or service that is not Nina Designs, Inc's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ninadesigns.com. All other trademarks not owned by Nina Designs, Inc. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ninadesigns.com or its subsidiaries.

  1. LICENSE AND SITE ACCESS

    1. General. ninadesigns.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ninadesigns.com, or as provided below.

    2. Conditions of Access. To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If ninadesigns.com believes the information you provide is not correct, current, or complete, ninadesigns.com has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

    3. License of Design Ideas for Commercial Sale. The Design Ideas portion of this site provides inspiration for uses of Nina Designs Ltd merchandise. Users are licensed to create these or derivative designs and to use them for resale or commercial use of any kind whatsoever.

    4. No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ninadesigns.com, or as provided in section 5(B), above.

    5. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ninadesigns.com and our affiliates without express written consent.

    6. "Metatags." You may not use any meta tags or any other "hidden text" utilizing Nina Designs, Inc.'s name or trademarks without the express written consent of ninadesigns.com. Any unauthorized use terminates the permission or license granted by ninadesigns.com.

    7. Linking. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of ninadesigns.com so long as the link does not portray ninadesigns.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nina Designs Ltd logo or other proprietary graphic or trademark as part of the link without express written permission.

  1. YOUR ACCOUNT

    1. Protection of Your Account. As discussed further in the site privacy policy, by using this site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

    2. Use by Children. As discussed further in the site Privacy Policy, ninadesigns.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use ninadesigns.com only with involvement of a parent or guardian. ninadesigns.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

  1. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

    1. Nature of Content. Visitors to ninadesigns.com may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate the ninadesigns.com content rules, below.

      ninadesigns.com's websites may contain blogs, forums, message boards, calendars, and/or other message or communication facilities which allow you to communicate with the Internet community by posting feedback or comments to other's entries or by posting your own blog or message entry (collectively, “User Content Services”). You agree to use the User Content Services only to post, messages and content that are proper and related to the particular User Content Service.

      Among other actions, when using a User Content Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

      • you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
      • advocates illegal activity or discusses an intent to commit an illegal act;
      • is vulgar, obscene, pornographic, or indecent;
      • does not pertain directly to this site;
      • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
      • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
      • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
      • violates any law or may be considered to violate any law;
      • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
      • falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
      • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
      • solicits funds, advertisers or sponsors;
      • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
      • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
      • includes MP3 format files;
      • amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
      • disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
      • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
    2. False Information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ninadesigns.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

    3. Rights Granted. If you do post content or submit material, and unless we indicate otherwise, you grant ninadesigns.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ninadesigns.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

    4. Rights Owned. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ninadesigns.com or its affiliates for all claims resulting from content you supply. ninadesigns.com has the right but not the obligation to monitor and edit or remove any activity or content. ninadesigns.com takes no responsibility and assumes no liability for any content posted by you or any third party.

    5. Monitoring. ninadesigns.com reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. ninadesigns.com reserves the right to terminate your access to any or all of the User Content Services at any time without notice for any reason whatsoever. ninadesigns.com also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a User Content Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

    6. No liability of Host. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither ninadesigns.com nor any third party that provides Content to ninadesigns.com will assume or have any liability for any action or inaction by ninadesigns.com or such third party with respect to any submission. ninadesigns.com cautions you against giving out any personally identifying information about yourself or your children in any User Content Service. ninadesigns.com does not control or endorse the content, messages or information found in any User Content Service and, consequently, ninadesigns.com specifically disclaims any liability with respect to the User Content Services and any actions resulting from your participation in any User Content Service. Managers and hosts are not authorized ninadesigns.com spokespersons, and their views do not necessarily reflect those of ninadesigns.com.

    7. Submissions. You hereby grant to ninadesigns.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to ninadesigns.com through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. ninadesigns.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future ninadesigns.com operations.

      ninadesigns.com will treat any personal information that you submit through this site in accordance with its Privacy Policy.

  1. SECURITY

    1. Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). ninadesigns.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that ninadesigns.com considers insecure, ninadesigns.com will be entitled to require the password to be changed and/or terminate your account.

    2. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ninadesigns.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. ninadesigns.com reserves the right to investigate suspected violations of these Terms of Use.

    3. ninadesigns.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction ninadesigns.com to disclose 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 ninadesigns.com FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ninadesigns.com DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ninadesigns.com OR LAW ENFORCEMENT AUTHORITIES.

  1. RISK OF LOSS

    1. General. All items purchased from ninadesigns.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.

  1. PRODUCT DESCRIPTIONS

    1. General. ninadesigns.com and its affiliates attempt to be as accurate as possible. However, ninadesigns.com makes no warranties that the product descriptions and any other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ninadesigns.com itself is not as described, your sole remedy is to return it in unused condition.

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Nina Designs Ltd ON AN "AS IS" AND "AS AVAILABLE" BASIS. Nina Designs Ltd MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Nina Designs Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Nina Designs Ltd DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Nina Designs Ltd ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Nina Designs Ltd WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. APPLICABLE LAW

    1. Governing Law. By visiting ninadesigns.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nina Designs Ltd or its affiliates.

  1. DISPUTES

    1. Arbitration and Venue. Any dispute relating in any way to your visit to ninadesigns.com or to products you purchase through ninadesigns.com shall be submitted to confidential arbitration in Berkeley, California, except that, to the extent you have in any manner violated or threatened to violate Nina Designs Ltd's intellectual property rights, Nina Designs Ltd may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of JAMS.

    2. Finality of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

  1. SITE POLICIES, MODIFICATION, AND SEVERABILITY

    1. Other Policies. Please review our other policies, such as our pricing policy, posted on our site. These policies also govern your visit to ninadesigns.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

  1. OUR ADDRESS

Nina Designs Ltd

PO Box 8127

Emeryville, CA 94662

www.ninadesigns.com