Elegant Insights Braille Creations Terms of Service
Revised May 18, 2021
Contents:
1: General Terms of Service
2: Gift Card Terms of Use
3: Privacy Policy
4: Sparkle Squad Subscription Terms and Conditions
Note: Screen reader users can use header navigation to jump to each section.
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OVERVIEW
This website is operated by Elegant Insights. Throughout the site, the terms “we”, “us” and “our” refer to Elegant Insights. Elegant Insights offers this website, including all information, tools and services, available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is built on WordPress and WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our privacy policy here.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elegant Insights, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Laura Legendary and Elegant Insights and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nevada, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customer.service@elegantinsightsjewelry.com.
Whew. Now that you’ve endured that, here’s more:
Gift Card Terms of Use
1. Gift Cards Balance and Redembption
elegantinsightsjewelry.com Gift Cards are issued by Elegant Insights Braille Creations. To view your Elegantinsightsjewelry.com Balance, visit Your Account on Elegantinsightsjewelry.com. Purchases are deducted from your Elegantinsightsjewelry.com Balance. Any unused Elegantinsightsjewelry.com Balance will remain associated with your Elegantinsightsjewelry.com account. If a purchase exceeds your Elegantinsightsjewelry.com Balance, the remaining amount must be paid with another payment method.
Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Elegantinsightsjewelry.com
2. Limitations.
Your Elegantinsightsjewelry.com Balance cannot be used to purchase other Gift Cards. Gift Cards cannot be reloaded; resold; used for payment outside of www.elegantinsightsjewelry.com or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, including to facilitate the resale or shipment of goods from Elegantinsightsjewelry.com; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by our Elegantinsightsjewelry.com Gift Card Restrictions and Prohibited Activities policy. No portion of your Elegantinsightsjewelry.com Balance may be transferred to another Elegantinsightsjewelry.com account.
3. Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from Elegant Insights and you are responsible for safeguarding your Elegantinsightsjewelry.com Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Elegantinsightsjewelry.com Balance or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Elegant Insights is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
4. Use of Elegantinsightsjewelry.com Balance or any Gift Card in Violation of these Terms and Conditions.
By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Elegantinsightsjewelry.com, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your Elegantinsightsjewelry.com Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an Elegantinsightsjewelry.com account (or your Elegantinsightsjewelry.com Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. Limitation of Liability.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from Elegant Insights and you are responsible for safeguarding your Elegantinsightsjewelry.com Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Elegantinsightsjewelry.com Balance or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Elegant Insights is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
4. Use of Elegantinsightsjewelry.com Balance or any Gift Card in Violation of these Terms and Conditions.
By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Elegantinsightsjewelry.com, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your Elegantinsightsjewelry.com Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to an Elegantinsightsjewelry.com account (or your Elegantinsightsjewelry.com Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
5. Limitation of Liability.
TO THE FULL EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR Elegantinsightsjewelry.com BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
6. Disputes.
Any dispute or claim relating in any way to Gift Cards or your Elegantinsightsjewelry.com Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would.
7. General Terms.
The Elegantinsightsjewelry.com Conditions of Use apply. No fees apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your account or your Elegantinsightsjewelry.com Balance to a purchase. When you purchase, receive, or apply a Gift Card to your account, or your Elegantinsightsjewelry.com Balance to a purchase, you agree that the laws of the State of Nevada,without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Elegant Insights and its affiliates related to your use of a Gift Card or your Elegantinsightsjewelry.com Balance. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
8. Elegantinsightsjewelry.com Balance Expiration.
The portion of your Elegantinsightsjewelry.com Balance made up of Gift Cards issued after October 1, 2005 does not expire and may be applied to your Elegantinsightsjewelry.com account and applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of your Elegantinsightsjewelry.com Balance made up of any Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005 and the portion of your Elegantinsightsjewelry.com Balance made up of those Gift Cards expire in accordance with their stated terms.
Whew. That was a lot of legalese. The spirit of the thing is, let’s keep it all on the up-and-up, people. This is a small, sole proprietorship business, and there are no deep pockets here.
Privacy Policy
The upshot:
We value our privacy, therefore, we value yours. We have absolutely no interest in storing your information beyond what is absolutely necessary to responsibly conduct business, and we have no interest in selling, renting, leasing, trading, making available for scrutiny, giving away, bartering for, or sharing your information in any way, under any circumstances. We don’t do any sort of wink-wink, nudge-nudge thing with your data, and we have taken data protection very seriously. If you make a purchase through us, and use PayPal, Apple Pay, Google Pay, or provide credit card information via our Stripe Payment gateway, your information is stored with them, not us, and if they have a breach, then it’s on them, not us. So, neener, neener, neener. If you call and place an order with us over the phone, we do not retain your contact or credit card details. We will be delighted to take your order via phone, but you will have to provide us all your information, every time.
So, if you want to go on to slog through the legalese, have at it. Yep, we’ve got some.
Information We Collect
We only collect information about you if we have a reason to do so–for example, to provide our Services, to communicate with you, or to make our Services better.
We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
Information You Provide to Us
It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information.
Here are some examples:
Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for an Elegant Insights account to provide a username and email address. You may provide us with more information–like your name–but we don’t require that you create an account to shop with us.
Public Profile Information: If you have an account with us, we collect the information that you provide for your public profile. For example, if you have a WordPress.com account, and you leave a comment, your username is part of that public profile, along with any other information you put into your public profile, such as a photo or an “About Me” description. Your public profile information is just that–public–so please keep that in mind when deciding what information you would like to include.
Transaction and Billing Information: If you buy something from us, you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
Communications With Us: You may also provide us information when you respond to our emails, use our contact form, subscribe to our blog, or respond to our social media posts.
Information Collected Automatically
We also collect some information automatically:
Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you provide your billing and shipping address, for example.
Stored Information: We store as little information as possible that will enable us to conduct business with you. If you subscribe to our email list, we store your email address so that we may send you email. We do not store IP address, device info, geographical information, or other identification information, personal or otherwise. Logs are kept automatically for the purposes of technical support and troubleshooting, if there’s a bug crawling through our website. Darn thing. Shoo.
Information from Cookies & Other Technologies: A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. While Elegant Insights currently does not employ any of these devices, Automatic, the company that owns WordPress, uses cookies and other technologies like pixel tags to help identify and track visitors, usage, and access preferences for their Services. Since Elegant Insights is built upon a WordPress platform, you are subject to cookies or whatever tracking devices are used by Automatic. But we are not interested in following you around.
Information We Collect from Other Sources
We may also get information about you from other sources. For example, if you connect your website or account to a social media service (like Twitter) through our Publicize feature, we will receive information from that service (such as your username), via the authorization procedures used by that service. The information we receive depends on which services you authorize and any options that are available.
How And Why We Use Information
Purposes for Using Information
We use information about you as mentioned above and for the purposes listed below:
To provide our Services–for example, to set up and maintain your account.
To further develop and improve our Services–for example by adding new features that we think our users will enjoy.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
(1) The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account–for example, in order to enable access to our website on your device or charge you for a paid plan; or
(2) The use is necessary for compliance with a legal obligation; or
(3) The use is necessary in order to protect your vital interests or those of another person; or
(4) We have a legitimate interest in using your information–for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience; or
(5) You have given us your consent.
Sharing Information
How We Share Information
We do not sell our users’ private personal information.
We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you.
Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request.
With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as the social media services that you connect to your site through our Publicize feature, or if you choose to share the contents of your wish list, or if you ask us to conduct an investigation with a postal carrier or courier service, so as to locate a lost package.
Information Shared Publicly
Information that you choose to make public is–you guessed it–disclosed publicly.
That means, of course, that information like your public profile, posts, other content that you make public on your website, and your “Likes” and comments on other websites, are all available to others. For example, the photo that you upload to your social media page to show off your latest purchase, if you make a comment or ask a question via social media, if you tag us in a social media post, etc. And thanks, by the way. We hope you get a lot of views!
Public information may also be indexed by search engines or used by third parties.
Please keep all of this in mind when deciding what you would like to share.
How Long We Keep Information
We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above on How and Why We Use Information–and we are not legally required to continue to keep it.
Security
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks.
Choices
You have several choices available when it comes to information about you:
Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services–for example, shipping your purchase – would not be possible, and certain site features would not function properly.
Close Your Account:
While we’d be very sad to see you go, if you no longer want to use our Services 🙁 🙁 🙁 :(, you can close your WordPress.com account. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above–for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
Your Rights
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
Request access to your personal data;
Request correction or deletion of your personal data;
Object to our use and processing of your personal data;
Request that we limit our use and processing of your personal data; and
Request portability of your personal data.
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, scroll down to How to Reach Us to, well, find out how to reach us.
EU individuals also have the right to make a complaint to a government supervisory authority.
You can contact us by using the information at the bottom of these terms.
Wow…I told you it was boring. Geez. Thanks for reading, but there’s still more.
Terms and Conditions for the Sparkle Squad Subscription Box Service
Below is a legally binding agreement between you the “customer,” or “subscriber,” and Elegant Insights or Laura Legendary the “company.” Please read the following carefully. In order to use the Service, you must be legally permitted to accept these Terms. The bottom line: Bad actors are the reason terms like these are necessary. That’s probably not you. These terms also protect you from unscrupulous entities or poor business practices. That’s definitely not us. We promise to provide you with excellent customer service, which renders this type of agreement a sideshow, but that’s the world we live in. If we do something you don’t like, we’ll do our best to make it right. So, if you can stay awake through the rest of this content, then you get an award.
Subscription Agreement
Effective Date: June 1, 2021.
When you click the “Checkout” button on elegantinsightsjewelry.com the “Website”), you are entering into a binding legal agreement with Elegant Insights (the “Company”) and you are agreeing to the terms of this Subscription Agreement (the “Terms”). If you do not agree to these Terms, do not click the “Checkout” button.
Services
The Company provides a quarterly subscription service for the delivery of either the Sparkle Dots Box or the Essential Elegance Box, collectively referred to as the “Sparkle Squad” subscription boxes,, which consists of jewelry, accessories, jewelry-related products, or a combination.
Your Account
To make a purchase and start your subscription, you must create a user account (your “Account”). Your Account is created by entering your email address and a password (your “Credentials”) and clicking the “Checkout” or the “Continue” button. On subsequent visits to the Website, your Account can be accessed by entering your Credentials.
Your Information and Privacy
Collection of your information:
When you click the “Checkout” button, we will save the following personally identifiable information (“PII”) to your Account: · Your first name, last name, and delivery address (collectively, your “Shipping Information”) · your credit card number, the CVC of your credit card, the expiration date of your credit card, and the billing zip code (collectively, your “Billing Information”) · your Credentials including your email address and password. The Website may also collect certain anonymous information about your use of the Website through the use of Internet analytic technologies, including, but not limited to, cookies and web beacons. Examples of this anonymous information are: your operating system, the date and time of use, geographical information, and device type.
Use of your information:
We will not sell your PII. The PII we collect from you may be used to communicate with you and to provide you with the subscription boxes you order.
Protection of your information
The Company uses reasonable practices and technologies to safeguard your information against illegal intrusion and unauthorized access. No security measures are 100% reliable, however, so the Company cannot guarantee the security of your PII. You have the responsibility of protecting your Credentials. In addition, you agree not to share your Credentials with anyone else. You must contact the company using the contact information in these Terms if you have reason to believe that your Account has been compromised. The Company will never send you any communication (email or otherwise) asking for your Credentials, Shipping Information, or Billing Information, unless absolutely necessary and with a means by which to enable you to independently verify the identity of the staff member making the inquiry. If you receive any such communication that looks like it is from the Company, do not respond to the communication but rather immediately report the communication to the Company using the contact information contained in these Terms.
Third-party access to your information
The Company may provide your information to the following third parties: · Service providers. The Company may disclose your PII to service providers who maintain our Website and to service providers who process our payments. These trusted service providers will have access to your PII but may not use your PII for any purposes other than those to which they have been entrusted. The Company shall use reasonable efforts to ensure that these service providers hold your PII in confidence. In addition, the Company shall only disclose your PII to third parties that the Company believes, in good faith, follow acceptable privacy and security policies. · Legal enforcement. The Company may disclose your PII to investigate to enforce violations of our rights. The Company may also disclose your PII to protect the security of our Website. In addition, the Company reserves the right to disclose your PII if the Company has a good faith belief that this disclosure is necessary to satisfy a legal process or enforceable government request (such as a subpoena) or to be in compliance with any law or regulation.
Successors
The Company may transfer your PII as part of a sale, merger, acquisition, or any other change of control. In addition, the Company reserves the right to transfer your PII to protect the Company’s legal rights in the unlikely event of a bankruptcy, reorganization, receivership, assignment, or any application of creditor’s rights.
Correction or removal of your information
You may update and/or correct your information by contacting the Company (using the contact information at the end of these Terms) to request such modification. The Company will require you to provide identification prior to the Company’s making such changes. Once you cancel your subscription, you may have your information removed from our database by contacting us using the contact information at the end of these Terms.
Policy with regard to children
The Company will not knowingly collect any information from children under the age of 13 as is consistent with the Children’s Online Privacy Protection Act (“COPPA”). If, as a parent or guardian, you discover your child has provided the Company with PII, you may contact the Company using the contact information at the end of these Terms and we will remove your child’s information from our database. We do not recommend any of our products for people under the age of 13.
Payments
The Company bills you for your subscription through the credit card information (your “Payment Method”) provided in your profile (your “Billing Account”). You agree to pay the Company all charges using the Billing Account and you authorize the Company to charge your Payment Method. You agree to provide current, complete, and accurate information for your Billing Account at all times. Your Payment Method will automatically be charged each quarter if you have selected the seasonal subscription option or, if you have selected the 12-month prepay subscription, your Payment Method will be charged for the prepaid amount. Your subscription will continue indefinitely and will auto-renew for the same subscription period as initially selected until canceled by you or terminated by the Company in accordance with these Terms. (In other words, if you selected the 3-month prepay subscription, your subscription will auto-renew every three months until you cancel.)
Taxes
The Company may charge you local sales tax or VAT, if applicable.
Shipping and Risk of Loss
Shipping and handling fees are not included with your order. There is an $8.95 flat-rate shipping cost associated with all subscription boxes, which is charged in addition to the price of each box shipped every quarter. Elegant Insights cannot be held responsible for lost or stolen subscription boxes. You will be sent a tracking number for your package upon shipping, and we recommend you contact your local USPS office for further investigation, should your package become lost or misdelivered. If you believe all or part of your box is missing or damaged, you must notify us within 30 days of receipt. The Company will, at its sole and absolute discretion, either replace the missing or damaged parts of the box or send you a whole new box.
Refunds
We do not offer refunds for the Sparkle Squad subscription boxes, or for any of the items therein.
If the Company, in its sole discretion, believes you have breached these Terms, the Company may terminate or suspend your subscription at any time without notice. Under no circumstances will the Company refund any fees you have already paid. While there are no refunds available for return of either the Sparkle Dots Box or the Essential Elegance Box, we will make every reasonable effort to provide you with excellent customer service. If we make a mistake, we will make it right.
Intellectual property
The jewelry provided in the Sparkle Dots Box and the Essential Elegance Box is protected by law including, but not limited to, United States copyright law and international treaties. The Company is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Website and the Sparkle Squad subscription boxes. The Company also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of the Company and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by the Company.
Product disclaimers
Warning: Choking Hazard—Small parts not for children less than three (3) years of age. You acknowledge that the jewelry subscription boxes are not designed, manufactured, or intended for use by children under the age of three (3) years and may contain small parts.
Warranties and disclaimers
You may cancel your subscription at any time, although to avoid being billed for the upcoming shipment, please cancel no later than the 3rd day of the next ship month. That means you must cancel by the 3rd of June, the 3rd of September, the 3rd of December, or the 3rd of March in order to avoid being charged for that quarter’s shipment. You can cancel your subscription via the Elegant Insights web site, phone, email, or by using the contact link at the end of these terms.
Warranty
Elegant Insights makes no warranties on our jewelry subscription boxes, including, but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, or fitness for a particular purpose. The Company makes no warranty that a Sparkle Squad box will meet your requirements. These disclaimers form an essential part of these Terms. No use of the Website is authorized except under these disclaimers. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law. Some jurisdictions do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Limitation of liability
In no event will the Company be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential, or other damages or any type or kind (including loss of data, revenue, profits, or loss of any other economic advantage) arising out of, or in any way connected with the Website or a Sparkle Squad box, regardless of the form of action, whether in contract, tort, strict product liability, or otherwise, even if the Company has previously been advised of the possibility of such damages. If your jurisdiction does not allow for the exclusion of limitation of liability or liability for consequential or incidental damages, the maximum liability arising out of or in connection with the Website or a Sparkle Squad box will not exceed the amount you paid to the Company in the then-prior calendar month.
Assumption of Risk
You agree and understand that you assume all risks when using the jewelry or any item in the subscription boxes, including, without limitation, any and all risks associated with you or anyone else wearing the jewelry or using the products.
Indemnity
You agree to indemnify and hold the Company, Laura Legendary and Elegant Insights, harmless from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Website or a Sparkle Squad box, violation of these Terms, or violations of any rights of a third party including, but not limited to, other users, or allegations thereof. The Company may assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case, you agree to cooperate in asserting any available defenses.
Governing law and jurisdiction
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Henderson, Nevada, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Nevada, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00. The courts of Clark County in the State of Nevada, USA, and the nearest U.S. District Court in the State of Nevada, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. These Terms will be construed under the laws of the State of Nevada, USA, excluding rules regarding conflicts of law.
Designed for Use Within the United States
This Website is designed for use from within the United States. Sparkle Squad subscription boxes may not be available outside the United States. If you access and use the Website outside the United States, you understand and agree that Sparkle Squad boxes may not be available and you are responsible for complying with your local laws and regulations
Subscription Cancellations
You may cancel your subscription at any time, by emailing us before the 3rd day of the ship month following the end of your then-current subscription period using the contact information contained at the end of these Terms, via the web site, or by phone. Your subscription will continue until you cancel and, if you do not cancel your subscription before the third of the ship month following the end of your then-current subscription period, your subscription will automatically renew for a new subscription period of the same amount of time.
Force Majeure
The Company will not be liable for damages or any delay or failure to ship a Sparkle Squad box arising out of causes beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, pandemic, accidents, shipping disruption, illness, or communications failures. The Sparkle Dots subscription box and the Essential Elegance subscription box will ship on or after the 10th day of ship months June, September, December, and March. If the 10th of the month falls on a Sunday or holiday, we will ship the next business day. Elegant Insights reserves the right to change or modify the shipping schedule at any time for any reason at our sole discretion.
User submissions to the Company
The Company welcomes your feedback with regard to the Sparkle Dots Box or the Essential Elegance Box. However, the Company will not accept any creative ideas, suggestions, inventions, or materials other than those we have specifically requested (“Submissions”). If you disregard this stated policy and submit those Submissions anyway, the Submissions will automatically become the property of the Company. None of the Submissions will be subject to any obligation of confidentiality and the Company shall not be liable for its disclosure or use. The Company will have exclusive ownership of all now known or later discovered rights to the Submissions and will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Errors and Omissions
I’m no lawyer, so if any part of this terms and conditions agreement is incorrect or has been omitted, it’s not my fault. You agree to forfeit your right to be a litigious troll. I don’t have deep pockets, so please move on to someone who does.
Contact Information
Elegant Insights Sparkle Squad:
Laura Legendary
702.605.1265
sparklesquad@elegantinsightsjewelry.com
Write to us at:
Elegant Insights
404 S. Boulder Hwy
Suite 91761
Henderson, NV 89015