Celticjewelrydesigners.com Terms of Use

Please use this Terms Of Use (“Agreement” or “Terms of Use”) explanation completely before using the website and/or any services offered by Celticjewelrydesigners.com, operated by Rum Point Digital, Inc. (“Celticjewelrydesigners.com”). This Terms of Use agreement specifies the legally binding terms and conditions for your use of the website at www.celticjewelrydesigners.com (“The Site”) and all services provided by Rum Point Digital, Inc. on The Site.

By using the Site in any manner, including but not limited to visiting or browsing The Site, you (the “user” or “you”) agree to be bound by this Agreement, including the additional terms and conditions and policies referenced herein and/or available via hyperlink. This Agreement applies to all users of the Site, including without any limitation all users who are vendors, customers, merchants, contributors of information, content and other materials or services on The Site.

1. Celticjewelrydesigners.com is purely a Venue

Celticjewelrydesigners.com acts as a venue to allow users who comply with Celticjewelrydesigners.com’s policies to offer, sell and buy certain goods in a fixed-price format. Celticjewelrydesigners.com is not directly involved in the transaction between buyers and sellers. As a result, Celticjewelrydesigners.com has no control whatever over the quality, safety, morality or legality of any aspect of the items listed, the accuracy or truth of the listings, the ability of sellers to sell items or the ability of buyers to pay for any items they purchase. Celticjewelrydesigners.com does not pre-screen users (except for services that require an application) or the content or information provided by users. Celticjewelrydesigners.com is not able to ensure that any buyer or seller will actually complete any transaction.

As a result, Celticjewelrydesigners.com does not transfer legal ownership of any items from the seller to the buyer.

Celticjewelrydesigners.com cannot guarantee the true identity, age or nationality of any user. Celticjewelrydesigners.com encourages you to communicate directly with potential transaction partners through the tools available on The Site.

You agree that Celticjewelrydesigners.com is a venue and as such is not responsible or liable for any content such as text, data, information, usernames, graphics, images, photographs, profiles, audio, video, items, credit card or other information and links posted by you, other users, or outside parties on Celticjewelrydesigners.com. You use the Celticjewelrydesigners.com service entirely at your own risk.

2. Membership Eligibility

Age: Celticjewelrydesigners.com’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Celticjewelrydesigners.com may, in its sole discretion, refuse to offer access to or use of The Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access The Site is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use Celticjewelrydesigners.com’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Celticjewelrydesigners.com’s policies as stated in the Agreement as well as all other operating rules, policies and procedures that may be published from time to time on The Site by Celticjewelrydesigners.com, each of which may be updated by Celticjewelrydesigners.com from time to time without notice to you.

In addition, some services offered through The Site may be subject to additional terms and conditions published by Celticjewelrydesigners.com periodically. Your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure at all times. You are fully responsible for all activity, liability and/or damage resulting from your failure to maintain your password confidentiality. You agree to immediately and to notify Celticjewelrydesigners.com of any unauthorized use of your password or any other security breach. You also agree that Celticjewelrydesigners.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Celticjewelrydesigners.com without Celticjewelrydesigners.com’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. In order to sell items on Celticjewelrydesigners.com you must provide and maintain valid payment information such as a valid credit card number or a valid PayPal account.

Account Transfer: You may not transfer or sell your Celticjewelrydesigners.com account and User ID to another party under any circumstances. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Celticjewelrydesigners.com’s services are not available to temporarily or indefinitely suspended Celticjewelrydesigners.com members. Celticjewelrydesigners.com reserves the right, in Celticjewelrydesigners.com’s sole discretion, to cancel unconfirmed or inactive accounts. Celticjewelrydesigners.com also reserves the right to refuse service to anyone, for any reason, at any time.

3. Fees and Billing

Joining and setting up a shop on Celticjewelrydesigners.com is free (excluding additional and promotional sales channels on Celticjewelrydesigners.com that may have separate fees). Celticjewelrydesigners.com charges a percentage of the sale price when the item sells. Our fee policy is subject to subject to change at the discretion of Celticjewelrydesigners.com. Changes to the Fees Policy and the fees for Celticjewelrydesigners.com’s services are effective after Celticjewelrydesigners.com provides you with at least fourteen (14) days’ notice by posting the changes on The Site. However, Celticjewelrydesigners.com may choose to temporarily change the fees policy and the fees for Celticjewelrydesigners.com’s services for promotional events. Such changes are effective when Celticjewelrydesigners.com posts the temporary promotional event onTthe Site. Celticjewelrydesigners.com may, at Celticjewelrydesigners.com’s sole discretion, change some or all of Celticjewelrydesigners.com’s services at any time. In the event that Celticjewelrydesigners.com introduces a new service, the fees for that service are effective at the time the service launches.

You are responsible for paying all fees and applicable taxes associated with using Celticjewelrydesigners.com.

Celticjewelrydesigners.com will send an invoice to the seller’s email address on file detailing the amount due for fees and charges any fees or charges that may have been accrued during the previous month. The seller must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due.

Fees and Termination: If Celticjewelrydesigners.com terminates a listing or your account, if you close your account, or if the payment of your Celticjewelrydesigners.com fees cannot be completed for any reason, you remain obligated to pay Celticjewelrydesigners.com for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact us by email.

4. Listing and Selling

Listing Description: All listings on Celticjewelrydesigners.com must be for sale. By listing an item on The Site you warrant that you and all aspects of the item comply with Celticjewelrydesigners.com’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Celticjewelrydesigners.com shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item or to your work as a jewelry designer. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to post shop policies for their Celticjewelrydesigners.com shop. These policies may include, for example, returns, shipping, selling and payment policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Celticjewelrydesigners.com’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Celticjewelrydesigners.com reserves the right to request that a seller modify a shop policy at any time.

Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller is unable to authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for all items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter any item’s price after a sale for the purpose of avoiding Celticjewelrydesigners.com transaction fees, misrepresent the item’s location, or use another user’s account without permission.

5. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and/or regarding to Celticjewelrydesigners.com and any and all data, information, text, usernames, graphics, images, photographs, audio, profiles, video, items, and links (together, “Content”) that you submit, post, and display on Celticjewelrydesigners.com.

Restricted Activities: Your Content and your use of Celticjewelrydesigners.com shall not:

  1. Be inaccurate, false or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, ordinance, statute or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, false advertising or anti-discrimination)
  5. Contain items that are identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Celticjewelrydesigners.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Interfere with any seller’s business or shop
  8. Take any action that could undermine online reviews or feedback
  9. Be obscene or contain child pornography
  10. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  11. Host images that do not clearly relate to the listing or the designer of the jewelry listed
  12. Modify, adapt or hack Celticjewelrydesigners.com or modify another website so as to falsely imply that it is associated with Celticjewelrydesigners.com.
  13. Appear to create liability for Celticjewelrydesigners.com or cause Celticjewelrydesigners.com to lose (in whole or in part) the services of Celticjewelrydesigners.com’s ISPs or other suppliers
  14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, other policy documents as posted on Celticjewelrydesigners.com.

Furthermore, you may not list any item on Celticjewelrydesigners.com (or execute any transaction that was initiated using Celticjewelrydesigners.com’s service) that, by paying to Celticjewelrydesigners.com the listing fee or the final value fee, could cause Celticjewelrydesigners.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

6. Content

License: Celticjewelrydesigners.com does not claim any ownership rights in your Content. You grant Celticjewelrydesigners.com a license solely to enable Celticjewelrydesigners.com to use any information or Content you supply Celticjewelrydesigners.com with, so that Celticjewelrydesigners.com is not in violation of any rights you might have in that Content. You grant Celticjewelrydesigners.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Celticjewelrydesigners.com to store, translate, or re-format your Content on Celticjewelrydesigners.com and display your Content on Celticjewelrydesigners.com in any way Celticjewelrydesigners.com chooses.

Celticjewelrydesigners.com will only use personal information in accordance with Celticjewelrydesigners.com’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Celticjewelrydesigners.com user. Without obtaining prior permission from that other user, this personal information shall only be used for that transaction or for Celticjewelrydesigners.com-related communications. Celticjewelrydesigners.com has not granted you a license to use the information for unsolicited commercial messages. Without express consent from the user, you are not licensed to add any Celticjewelrydesigners.com user to your email or physical mail list. For more information, see Celticjewelrydesigners.com’s Privacy Policy.

Re-Posting Content: By posting Content on Celticjewelrydesigners.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold Celticjewelrydesigners.com harmless for any dispute concerning this use. If you choose to display your own Celticjewelrydesigners.com-hosted image on another website, the image must provide a link back to its listing page on Celticjewelrydesigners.com.

7. Control Of Information

Celticjewelrydesigners.com does not control the Content provided by users that is made available on Celticjewelrydesigners.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

In addition, there may also be risks dealing with international trade and foreign nationals. By using Celticjewelrydesigners.com, you agree to accept such risks and that Celticjewelrydesigners.com (and Celticjewelrydesigners.com’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Celticjewelrydesigners.com. Please exercise caution, use common sense, and practice safe buying and selling when using Celticjewelrydesigners.com.

Other Resources: Celticjewelrydesigners.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site, or for any non-working links. Celticjewelrydesigners.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such resources or websites. You agree that Celticjewelrydesigners.com shall not be responsible or liable, directly or indirectly, for any loss or damage that may be caused or alleged to be caused by or in connection with the use of or reliance on any such goods, services or content available on or through any such websites or resources.

Groups or User Fees: Some user-generated groups on Celticjewelrydesigners.com may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in meetings. Celticjewelrydesigners.com is not involved in these transactions, payments or their processing. The payment does not go to Celticjewelrydesigners.com, and Celticjewelrydesigners.com has no control over the money, the user-created groups, promotions, meetings or the leader of any group in connection with its use. You acknowledge and agree that Celticjewelrydesigners.com is not involved nor is a party in any payment in any transaction or interaction between or among user-generated groups, Celticjewelrydesigners.com users and/or third parties, and that you assume and bear all risk connected with your third party transactions.

8. Resolution of Disputes and Release

Disputes with Celticjewelrydesigners.com: In the event a dispute arises between you and Celticjewelrydesigners.com, please contact Celticjewelrydesigners.com by email.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Celticjewelrydesigners.com agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Celticjewelrydesigners.com encourages you to contact the user or third party directly and make a bona fide effort to resolve the dispute amicably.

If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Celticjewelrydesigners.com, they may choose to request help from Celticjewelrydesigners.com. Cases are reviewed buy Celticjewelrydesigners.com, which will make a good faith effort to help them get resolved. Celticjewelrydesigners.com does so at its own discretion. Celticjewelrydesigners.com has no obligation to resolve disputes between users or between users and outside parties. To the extent that Celticjewelrydesigners.com attempts to resolve any dispute, Celticjewelrydesigners.com will do so solely based on Celticjewelrydesigners.com’s policies. Celticjewelrydesigners.com will not make judgments whatever regarding legal issues or claims.

You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

You release Celticjewelrydesigners.com (and Celticjewelrydesigners.com’s directors, officers, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party. Likewise, you release Rum Point Digital, Inc. from all such claims and/or liabilities.

9. Celticjewelrydesigners.com’s Intellectual Property

Celticjewelrydesigners.com, and all Celticjewelrydesigners.com graphics, logos, designs, page headers, icons, scripts, and service names are trademarks or trade dress of Celticjewelrydesigners.com, operated by Rum Point Digital, Inc. in the U.S. and/or other countries. Celticjewelrydesigners.com’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of email addresses or domain names, in connection with any product or service in any manner whatever that is likely to cause confusion.

10. Access and Interference

Celticjewelrydesigners.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Celticjewelrydesigners.com is updated on a real-time basis and is proprietary or licensed to Celticjewelrydesigners.com by Celticjewelrydesigners.com’s users and/or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Celticjewelrydesigners.com for any purpose whatsoever. Additionally you agree that you will not take any action that imposes, or might impose, an unreasonably large load on Celticjewelrydesigners.com’s infrastructure, reproduce or create derivative works from any user content other than your own for public display or reproduction, interfere with the normal and proper working of The Site or activities conducted on The Site or bypass any Celticjewelrydesigners.com robot exclusions or any other measures Celticjewelrydesigners.com may use to restrict or prevent access to The Site.

11. Breaches

Without limiting any other potential remedies, Celticjewelrydesigners.com may, without any notice, and without refunding any fees, delay or immediately remove Content, warn Celticjewelrydesigners.com’s community of a user’s actions, issue a warning to a user, temporarily or indefinitely suspend a user, suspend a user’s account privileges, terminate a user’s account, prohibit access to The Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user at Celticjewelrydesigners.com’s sole discretion.

12. Privacy

Except as provided in Celticjewelrydesigners.com’s Privacy Policy

Celticjewelrydesigners.com will not disclose or sell your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

13. No Warranty

CELTICJEWELRYDESIGNERS.COM, CELTICJEWELRYDESIGNERS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CELTICJEWELRYDESIGNERS.COM’S SUPPLIERS PROVIDE CELTICJEWELRYDESIGNERS.COM’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CELTICJEWELRYDESIGNERS.COM, CELTICJEWELRYDESIGNERS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CELTICJEWELRYDESIGNERS.COM’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CELTICJEWELRYDESIGNERS.COM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Liability Limit

IN NO EVENT SHALL CELTICJEWELRYDESIGNERS.COM, AND (AS APPLICABLE) CELTICJEWELRYDESIGNERS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CELTICJEWELRYDESIGNERS.COM ‘S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSA ORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CELTICJEWELRYDESIGNERS.COM ‘S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

CELTICJEWELRYDESIGNERS.COM ‘S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CELTICJEWELRYDESIGNERS.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CELTICJEWELRYDESIGNERS.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

You agree to indemnify and hold Celticjewelrydesigners.com and Celticjewelrydesigners.com’s parent, affiliates, subsidiaries, directors, employees, officers and agents harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising from your breach of this agreement or the documents referred to in it, or you violation of any law or the rights of any third party.

16. No Guarantee

Celticjewelrydesigners.com does not guarantee continuous, uninterrupted access to The Site, and the ongoing operation of The Site may be interfered with by numerous factors outside Celticjewelrydesigners.com’s control.

17. Legal Compliance: Taxes

You agree that you shall comply with all applicable domestic and international laws, statutes, regulations and ordinances regarding your use of The Site and any Celticjewelrydesigners.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on The Site.

18. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ actual intention. All remaining provisions of this Agreement shall remain in full force and effect.

19. No Agency Agreement

You agree that you and Celticjewelrydesigners.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or by your use of The Site.

20. Celticjewelrydesigners.com Service

Celticjewelrydesigners.com reserves the right to terminate or modify the Celticjewelrydesigners.com service for any reason, without notice, at any time. Celticjewelrydesigners.com reserves the right to alter these Terms of Use or other Site policies at any time, so you are advised to review the policies regularly. If Celticjewelrydesigners.com makes any material change, Celticjewelrydesigners.com will notify you here, by email, by means of a notice on our home page, or other places Celticjewelrydesigners.com deems appropriate. What constitutes a “material change” is determined at Celticjewelrydesigners.com’s sole discretion, in good faith, and using reasonable judgment.

21. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

22. Survival

All provisions of this Agreement regarding fees, services, termination, content, intellectual process, breach, access, no warranty, choice of law, no guarantee, severability, no agency and privacy will survive any termination or expiration of this Agreement.

23. Notices

Except where explicitly stated otherwise, any notices shall be given by postal mail to Celticjewelrydesigners.com, Rum Point Digital, Inc., 95 Webster Avenue, Port Washington, NY 11050 (in the case of Celticjewelrydesigners.com) or, in your case, to the email address you provide to Celticjewelrydesigners.com during the registration process or when your email address changes. Notice shall be deemed given 48 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Celticjewelrydesigners.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Celticjewelrydesigners.com. In such case, notice shall be deemed given five days after the date of mailing.

24. Disclosures

The services hereunder are offered by Celticjewelrydesigners.com, operated by Rum Point Digital, Inc., located at 95 Webster Avenue, Port Washington, NY 11050.