The Website is collectively owned by Aubade Jewelry and Watches Co., Aubade Jewelry and Watches LLC, and their respective branches, parent companies, affiliates, and subsidiaries (also “AUBADE”, "we", "us" and "our").
We reserve the right to amend or update all or part of these ToU from time to time with or without notice. We will always publish the most current version of these ToU on the Website and, where possible, display the “Last Updated” date to reflect the date of the changes. The revised ToU will be effective immediately upon its publication.
You should ensure that you have all necessary equipment, hardware, software, operating systems, Internet browser, and other elements allowing you to access and use the Website and the Content.
You are responsible for making all the necessary arrangements for you to have access to the Website. You may set up an account or subscribe on the Website to our Services as available from time to time, using an email address and password (“Account Details”). You are responsible for maintaining the confidentiality and security of your Account Details and accept sole risk for all activities that occur under them (including the activities of persons who access our Website using your Account Details). You agree to notify us if you become aware of, or suspect, any unauthorized use of your Account Details. Any information and details provided by you to us must be accurate, true, and up to date in all respects and at all times.
The Services are generally not intended for persons under the age of majority in your jurisdiction or for adults under guardianship. If you are under the age of majority or are an adult under guardianship, please do not use the Website or register for, or subscribe to, the Services. If we learn that you have no legal capacity for any reason (or fraudulently misrepresented that you have capacity during the registration or subscription process), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services. We advise parents or guardians of minors or guardians of adults under
guardianship using the Website that it is important that they communicate with such minors or adults under guardianship, as applicable, about their safety online and the potential risks of being online.
The Website and the Content are either owned or licensed to us, and are protected by applicable copyright, trademark, and other intellectual property rights, whether registered or not, and unfair competition laws (“IP Rights”). We reserve all such rights. Except as expressly provided in these ToU, nothing contained in these ToU shall be construed as granting you, expressly or impliedly, any license or right to use any IP Rights owned by AUBADE or its licensors, without AUBADE’s prior written consent or that of a such third party who owns the IP Rights. Any use which is not expressly permitted by these ToU is prohibited. Unauthorized use of the Website or the Content may also violate applicable intellectual property laws or other laws.
AUBADE hereby grants you a worldwide, revocable, non-exclusive, non-transferable, free-of-charge, right to access and use the Website and the Content, for your personal non-commercial use for the duration of your browsing session, all in accordance with these ToU. Except as provided herein, you may not download, copy, reproduce, translate, redistribute, upload, republish, display, modify or create derivative works of all or part of the Website or the Content without the prior written consent of AUBADE or its licensors. You agree that in using the Website and the Content, you will not: - Use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or interfere with the proper working of the Website; - Circumvent or attempt to circumvent the Website’s security measures and tamper with the technology that forms part of the Website; - Obtain or attempt to obtain any of AUBADE or its affiliates' information, materials or documents not purposely made available through the Website through any means (such as personal data, financial or other confidential or sensitive information); - Use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or other similar technology, or any manual process, to use, access, copy, generate impressions, acquire, input or store information, search, generate searches, index or monitor all or part of the Website or the Content; - Use the Website or the Content for any purpose which is unlawful or prohibited by these ToU; - Use the Website or the Content in a way that infringes the rights of any third parties. The Content of the Website is only for your general information and for your personal non-commercial use.
Our Website may offer you a free press or notices release subscription service. Press or notice releases are sent to you by email as they are published by AUBADE. There may be a delay between the time when the press or notice release is made public and the time when you receive the email. These Services require you to have an internet connection as well as an email address, which shall be at your expense. To subscribe, you will be asked to provide your first and last name as well as your email address and opt for the service you would like to receive. Any information and details provided by you to us must be accurate, true, and up to date at all times as we will rely on such information. You can unsubscribe at any time (so you won't receive any more press or notice releases by
email) by clicking on the unsubscribe link at the bottom of each email.
You acknowledge and warrant that the Submitted Materials:
are not unlawful, misleading, harmful, threatening, abusive, harassing, hateful, defamatory, offensive, violent, obscene, pornographic, libelous, racially, ethnically or religiously offensive or otherwise inappropriate;
do not constitute unauthorized disclosure of personal data or confidential information;
do not infringe the intellectual property rights of any party;
cannot and do not contain or transmit viruses or other form of malware.
You are fully responsible for the content (including its legality, accuracy, veracity and appropriateness) of any Submitted Material or any postings or contributions you make.
We reserve the right to reject or delete any Submitted Materials or remove any postings you make on the Website, if such Submitted Materials or postings violate these ToU and/or applicable law.
AUBADE makes all reasonable efforts to ensure that the Website and the Services are accessible at all times (except during maintenance or in the case of a force majeure event), and that the Content is accurate, reliable, complete, up to date and secure. However, AUBADE does not warrant that (i) the Website and the Services will operate error-free, without failure or interruption, (ii) the Website, the Content and the Services will be secure and free from any virus or other form of malware, (iii) that any inaccuracies or errors will be corrected, or that (iv) the Website, the Content and the Services will not infringe the intellectual property rights of third parties. AUBADE shall not be held liable to you for any of the foregoing.
The Website, the Content and the Services are provided to you on a “as is” basis. AUBADE and its licensors, to the fullest extent permitted by applicable law, disclaim all warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to, any warranties about their operation, accuracy, reliability, completeness, security, fitness for a particular purpose, the results to be obtained from using the Website and the Content or non-infringement of third-parties’ rights.
You acknowledge that: (i) it is technically impossible that the Website or Application will be provided free of defaults and that AUBADE cannot take any responsibility for this; (ii) defaults may lead to the temporary unavailability of the Website or Application; and (iii) the operation of the Website or Application may be adversely affected by conditions and circumstances outside AUBADE’s control. You also agree that AUBADE may at any time temporarily or permanently with or without notice modify or interrupt, all or part of the Website or Application in order to perform maintenance work and/or make improvements or changes to the Website or Application. AUBADE shall not have any liability to you whatsoever in this regard.
To the fullest extent permitted by applicable law, AUBADE, its affiliates and its licensors shall not be liable for any indirect damages or for any damages for loss of profits, loss of data, business interruption or any other damages or losses arising out of, or in connection with, the use of, or inability to use, the Website, the Content or the Services. Such exclusion will also apply to damages arising out of, or in connection with, any link on the Website (including any link to a Linked Site) or the Submitted Materials sent to us through the Website.
Nothing in these ToU limits or excludes our liability or our licensors’ to you or any third party for any liability which cannot be limited or excluded by law.
You agree, at our request, to defend, indemnify, and hold harmless AUBADE and its affiliates, including their respective shareholders, managers, officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use or misuse of the Website, any breach by you of these ToU or the use by any other person accessing the Website using your Internet account.
AUBADE may, in its sole discretion and without prior notice or any liability to you, deny, restrict, suspend or terminate your access to, and use of, the Website and/or the Content and/or the Services without any reason or in case of a breach by you of applicable laws or these ToU, or in case of violation of the rights of AUBADE, its affiliates or any third party, without prejudice to any other remedies available to us under applicable law and under these ToU.
AUBADE may also terminate, suspend or discontinue providing the Website and/or the Content and/or the Services, without prior notice nor any liability to you or any third party.
If any provision, or part of a provision, of these ToU is found to be illegal, invalid or unenforceable, the invalidity of such provision or part-provision shall be deemed not to form part of these ToU, and the legality, validity or enforceability of the remainder of the provisions of these ToU shall not be affected.
These ToU constitute the entire agreement between you and AUBADE in relation to the use of the Website, the Content and the Services, and replace and supersede all prior discussions, communications, conversations, agreements, whether oral or written, in relation to the subject matter hereof.
No waiver to exercise any provision of these ToU shall be construed as a continuing waiver of such provision or any other provision.
These ToU and any matter relating to your access to or use of the Website, the Content or the Services shall be governed by and construed in accordance with the laws of the State of Kuwait, without reference to conflict of law provisions.
Any dispute arising out of, or relating to, these ToU, including the validity, interpretation, performance, breach or termination thereof, that cannot be resolved amicably within thirty (30) calendar days from commencement of good faith negotiations, shall be subject to the jurisdiction of the Courts of the State of Kuwait or any other competent courts elected by AUBADE in its sole discretion.