Your Agreement with Windough
Overview
Windough operates this website, and throughout the site, the terms "we," "us," and "our" refer to Windough. We offer 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 diamonds 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 carefully read these Terms of Service 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 added to the current platform 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.
Online Platform Terms
By agreeing to these Terms of Service, you affirm that you are at least the age of majority in your state or province of residence or that you have reached the age of majority and provided consent for any minor dependents to use this site. You agree not to use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including copyright laws) while using the Service. Additionally, you must refrain from transmitting any worms, viruses, or any code of a destructive nature. Failure to comply with any of these terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You acknowledge that while your content (excluding VISA/credit card information) may be transferred unencrypted over various networks, VISA/credit card information is always encrypted during transfer. You further agree not to reproduce, duplicate, copy, or exploit any portion of the Service without express written permission from us. The headings used in this agreement are included for convenience and will not limit or otherwise affect these Terms.
Accuracy, Completeness, and Timeliness of Information
We strive to provide accurate and up-to-date information on this site; however, we cannot guarantee that all information available is always accurate, complete, or current. The material presented on this site is intended for general informational purposes only and should not be solely relied upon for decision-making without consulting more authoritative sources. Any reliance on the material on this site is at your own discretion and risk. Additionally, please note that while this site may contain historical information, such information is not necessarily current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time; however, we are not obligated to update any information. It is your responsibility to monitor changes to our site.
Modifications to the Service and Prices
Prices for our diamonds are subject to change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, without notice. We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the Service.
Diamonds or Services
Certain diamonds or services may be exclusively available online through the website. These offerings may have limited quantities and are eligible for return or exchange as outlined in our Return Policy. We have taken utmost care to accurately display the colors and images of our diamonds available at the store.
While we strive for accuracy, we reserve the right to limit the sale of our diamonds or services to specific individuals, geographic regions, or jurisdictions, exercising this discretion on a case-by-case basis. Additionally, we may limit the quantities of products or services offered and reserve the right to discontinue any diamonds at any time.
Please note that all descriptions of products or product pricing are subject to change at our discretion and without prior notice. Furthermore, any offer for a product or service made on this site is void where prohibited by law. We do not guarantee that the diamonds, services, information, or other materials purchased or obtained through our service will meet your expectations, nor do we warrant that any errors in the service will be corrected.
Accuracy of Billing and Account Information
We maintain the right to refuse any diamond orders placed with us. In our sole discretion, we may limit or cancel purchases per individual, household, or order. Such restrictions may apply to orders placed using the same customer account, credit card, or billing information. If we decide to change or cancel an order, we will make an effort to notify you via the email and phone number provided during the order placement. Additionally, we reserve the right to restrict or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You are responsible for providing current, accurate, and complete purchase and account information for all transactions conducted on our platform. You agree to promptly update your account and other relevant information, including email addresses and credit card details, to ensure the completion of your transactions and to facilitate contact as necessary.
For further details, please refer to our Returns Policy.
Optional Tools
We may grant you access to third-party tools that we neither monitor nor control nor have any input on. You acknowledge and agree that we offer access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We hold no liability arising from or relating to your use of optional third-party tools.
Your use of optional tools provided through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider(s).
Additionally, we may introduce new services and/or features through the website in the future, including the release of new tools and resources. Such additions will also be subject to these Terms of Service.
Third-Party Links
Certain content, products, and services accessible via our Service may contain materials sourced from third parties. Links to third-party websites on this site may redirect you to platforms unaffiliated with us. We do not undertake the examination or evaluation of third-party content for accuracy, and we disclaim any liability or responsibility for such materials or websites, as well as for any other third-party content, diamonds, or services.
User Comments, Feedback, and Other Submissions
If you submit specific entries at our request (e.g., contest entries) or, without solicitation, provide creative ideas, suggestions, proposals, plans, or other materials—whether via online channels, email, postal mail, or otherwise (collectively referred to as "comments")—you agree that we may utilize, without constraint, any comments you send us. This includes the rights to edit, copy, publish, distribute, translate, and otherwise use your comments across any medium. We are not obligated to (1) maintain comments in confidence; (2) compensate for comments; or (3) respond to comments.
While we reserve the right, we are not obligated to monitor, edit, or remove content that, in our sole discretion, is deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service. You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Additionally, your comments shall not contain libelous, unlawful, abusive, or obscene material, nor shall they include any computer virus or malware that could affect the Service's operation or any associated website. You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of your comments. We assume no responsibility or liability for any comments posted by you or any third party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies, and Omissions
At times, our site or the Service may contain information with typographical errors, inaccuracies, or omissions related to game descriptions, pricing, promotions, offers, Diamond charges, transit times, or availability. We retain the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if inaccuracies are discovered in the Service or on any related website without prior notice, even after order submission.
We are not obliged to update, amend, or clarify information in the Service or on any related website, including pricing information, unless required by law. The presence of a specified update or refresh date in the Service or on any related website does not necessarily imply that all information has been modified or updated.
Prohibited Uses
In addition to other prohibitions outlined in the Terms of Service, usage of the site or its content for certain purposes is prohibited:
* Engaging in any unlawful activity.
* Soliciting others to participate in unlawful acts.
* Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
* Infringing upon our intellectual property rights or those of others.
* Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on various factors.
* Providing false or misleading information.
* Uploading or transmitting viruses or any other form of malicious code.
* Collecting or tracking the personal information of others.
* Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
* Using the Service or any related website for any obscene or immoral purpose.
* Interfering with or circumventing the security features of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.
Indemnification
You agree to indemnify, defend, and hold harmless Windough and our affiliates, partners, officers, directors, agents, licensors, service providers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms of Service or violation of any law or the rights of a third party.
Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.
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. We may terminate these Terms of Service at any time without notice if you fail to comply with any term or provision. You may also terminate these Terms of Service at any time by notifying us.
Entire Agreement
These Terms of Service constitute the entire agreement and understanding between you and us, governing your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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 China.
Changes to 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, 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.
Contact Information
For any questions about the Terms of Service, please contact us at support@windough.live
