Terms Of Services
Terms Of Services
Welcome to Tanzanite! This website is owned and operated by Tanzanite, which does business as Tanzanite, Inc. (collectively with its authorized business partners, affiliates, subsidiaries and/or agents, “Tanzanite”, “we”, or “us”). These “Terms of Service” set out important information regarding the terms and conditions of accessing and using the features and functionality of our website located at WWW.TANZANITE.COM (the “Site”) and services, including products sold through the Site and in our Tanzanite Studios (collectively with the Site, the “Services”), and apply to all users who access the Services. These Terms of Service are a legally binding contract between you and Tanzanite regarding your use of the Services. Also, note that other pages on this Site may contain further terms and conditions that apply to you as a Tanzanite customer.
PLEASE READ THE FOLLOWING CAREFULLY. BY USING THIS SITE, INCLUDING MAKING ANY PURCHASE ONLINE THROUGH THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS OF SERVICE, INCLUDING THE TANZANITE PRIVACY POLICY (“PRIVACY POLICY”) AND IF APPLICABLE, THE TANZANITE ADULT PIERCING WAIVER AND/OR THE TANZANITE MINOR PIERCING WAIVER (EACH, THE “PIERCING WAIVER” AND COLLECTIVELY, THE “PIERCING WAIVERS”), ALL OF WHICH ARE EXPRESSLY INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE, BEFORE YOU USE THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS SITE OR MAKE ANY PURCHASES.
EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN THE SECTION TITLED “DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER” YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND TANZANITE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Eligibility
By accepting these Terms of Service, you represent that:
(a) you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Service. Under no circumstances may you access or use the Services if you are under thirteen (13) years old;
(b) you have not previously been suspended or removed from the Services; and
(c) your registration and use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and you agree to be bound by these Terms of Service.
Your Conduct When Using The Site
When using the Services available on the Site, you agree to use the Services only for the purposes for which they are intended, including:
finding a Tanzanite piercing location for yourself or another person;
booking an appointment or appointments at a Tanzanite Studio;
completing the Tanzanite Piercing Waivers;
learning about piercings, piercing aftercare, Tanzanite jewelry, and Tanzanite Services;
shopping for and making purchases of jewelry or other products offered for sale on the Site;
reading reviews and ratings of Tanzanite and the products we sell;
subscribing to our newsletters;
accessing your existing account; and
writing and posting your own reviews and ratings of Tanzanite locations and products you have experience with. Please see the section below titled “Materials Posted on the Site” for additional rules for posting reviews and ratings.
You acknowledge that while Tanzanite makes reasonable efforts to keep information available on the Site up to date, any materials on the Site submitted by other users of the Site, including ratings or reviews, and may not be complete, accurate or up to date, and do not represent the views or opinions of Tanzanite.
Prohibited Conduct
BY USING THE SERVICES, YOU AGREE NOT TO:
do so for any illegal purpose or in violation of any local, state, national, or international law;
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
access, search, or otherwise use any portion of the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Tanzanite;
interfere with security-related features of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of the Services or any user’s enjoyment of the Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Account (as defined below) without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under these Terms of Service or any Materials (as defined in the section titled “Tanzanite’s Proprietary Rights,” below), or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section or assist or permit any person to engage in any of the acts described in this Section.
Medical Advice Disclaimer
You understand and agree that the ear piercing care information on this Site or provided in a Tanzanite Studio is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment of any condition. All content, including text, graphics, images and information, contained on or available through this Site or otherwise provided in a Tanzanite Studio is for general information purposes only. Tanzanite makes no representation and assumes no responsibility for the accuracy of information contained on or available through this Site or at any Tanzanite Studio, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Site or any Tanzanite Studio with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS SITE OR AT A TANZANITE STUDIO. Tanzanite does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific products, procedures, treatments, services, opinions, or other information that may be contained on or available through this Site or at any Tanzanite Studio. TANZANITE IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE OR AT ANY TANZANITE STUDIO.
Your Tanzanite Password
Tanzanite is entitled to act on instructions received under the account you make on the Site (your “Account”), when you execute the Piercing Waiver, and instructions provided when you make a purchase through the Site. You are responsible for keeping your Account user ID, Account password, and any and all other Account information confidential. Tanzanite is not responsible for any actions taken or transactions made to or from your Account by any other party using your password.
Price
Tanzanite reserves the right to determine pricing for the Services. Tanzanite will make reasonable efforts to keep pricing information published on the Site up to date. We encourage you to check the Site periodically for current pricing information. Tanzanite may change the fees for any feature of the Services, including additional fees or charges, if Tanzanite gives you advance notice of changes before they apply. Tanzanite, at its sole discretion, may make promotional offers with different features and different pricing to any of Tanzanite’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms of Service.
Fees And Purchase
When you make a purchase from the Site, we will need your name, email address, shipping address, and payment information to complete your order and send you your purchase. When the Services, any portion thereof, or any product is made available for any fee, you will be required to select a method of payment and provide information regarding your credit card or other payment instrument. You represent and warrant to Tanzanite that such information is true and that you are authorized to use the payment instrument. If you pay any fees with a credit card, then Tanzanite or an authorized payment processor acting on behalf of Tanzanite may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur during the course of a transaction. You agree to pay Tanzanite the amount that is specified in accordance with the terms of your purchase and these Terms of Service (including without limitation any shipping costs). Unless otherwise specifically provided for in these Terms of Service or on the Site, all fees are in U.S. Dollars. Tanzanite will only issue refunds in accordance with Tanzanite’s refund policy or as required by law. You hereby authorize Tanzanite (or our third-party payment processor) to bill your payment instrument in accordance with the terms of the purchase, and you further agree to pay any charges so incurred. If you dispute any charges, you must notify Tanzanite within ten (10) days after the date that Tanzanite charges you. You shall be responsible for all sales tax associated with the Services.
Tdelinquent Accounts
Tanzanite may suspend or terminate access to the Services for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees.
Getting Your Shipment From Tanzanite
For information about shipping and delivery, check out the SHIPPING & PAYMENTS SECTION OF OUR FAQ PAGE.
Checking Order Status. We know how exciting it can be to get a delivery, so once your order is on its way to you, we’ll send you an email confirmation with tracking information. Feel free to email us at INFO@TANZANITE.COM if you would like to check the status of your order.
Changing or Canceling an Order. Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To learn how to change or cancel an order, visit the SHIPPING & PAYMENTS SECTION OF OUR FAQ PAGE.
Returns, Exchanges, and Replacements. For more information about returns and exchanges and replacing your Tanzanite products, check out the Returns & Exchanges section of our RETURNS & EXCHANGES SECTION OF OUR FAQ PAGE.
Appointments And Appointment Cancellations
When you book an appointment at a Tanzanite Studio, we will need the name, birth date, and email address of the individual getting pierced. You may also provide a phone number, pronouns, and any additional notes you’d like us to know. If the individual getting pierced is over 13 years old but under 18 years old, we will need the parent or guardian’s name, email address, and phone number. For those appointments, the parent or guardian must be present during check-in and at the appointment, and must bring a VALID GOVERNMENT ID to the appointment. In addition, in certain states, the parent or guardian must complete the Waiver and bring the completed waiver to the appointment. We will also require your credit card information. Additional information and identification may be required depending on the laws, rules, and/or regulations in the location of the Tanzanite Studio where the appointment is located. Your credit card information is required to hold the appointment time slot. However, your credit card will not be charged at the time of booking. If you miss your appointment or cancel less than 24 hours prior to your appointment time, you may be charged the full-service fee.
Materials Posted On The Site
Certain features of the Services may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Site, including photos and images (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Site, subject to the licenses granted in these Terms of Service. By Posting User Content to or via the Site, you grant Tanzanite a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms of Service, and distribute your User Content, in whole or in part, in any media formats and through any media channels (including without limitation on Facebook, Instagram, TikTok, or other social media platforms), in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from posting your User Content and from Tanzanite’s exercise of the license set forth in this Section. It is your sole responsibility to review the content of all materials submitted by you on the Site. You acknowledge that we do not and cannot monitor User Content. We reserve the right to monitor all communications made by you through the Site to ensure compliance with these Terms of Service.
Further, you must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Tanzanite disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Site, you affirm, represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Tanzanite and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Tanzanite, the Services, and these Terms of Service;
(b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Tanzanite to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Reviews And Feedback
Tanzanite welcomes your reviews of our products, piercing services and offers. Any review or rating that you submit to be included on the Site must be a true representation of your experience with Tanzanite Studios, personnel and products, may not be false, misleading, or untrue, and may not include personally identifiable information that may be used to identify a customer other than yourself, or anyone under the age of 13.
If you choose to provide input and suggestions regarding existing functionalities to Tanzanite, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Tanzanite an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
Tanzanite’s Proprietary Rights
The Services are owned and operated by Tanzanite. All materials on this Site, including its visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, information, images, illustrations, audio clips, video clips, surveys, offers, discounts, contests, sweepstakes, promotions, all other elements of the Services provided by Tanzanite, and materials submitted by users such as product or Services ratings and reviews (“Materials”), are protected by intellectual property rights owned and controlled either by Tanzanite or by third parties who have licensed their material to Tanzanite. Except as expressly authorized by Tanzanite, you may not make use of the Materials. The Materials may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of Tanzanite or except as specifically permitted on the Site. Use of the Materials for any purpose and other than your own personal, non-commercial or home use is a violation of copyrights and other intellectual property rights. The use of any such material on any other website, social network, blog, handheld device application, web-based application, or networked computer is prohibited. There are no implied licenses in these Terms of Service and Tanzanite reserves all rights to the Materials not granted expressly in these Terms of Service.
The trademarks, logos and service marks that you see on this Site are registered or unregistered marks of Tanzanite, or third parties who have licensed the use of such marks to Tanzanite. Nothing on this Site, including in these Terms of Service, the Tanzanite PRIVACY POLICY, or the Piercing Waivers, grants any license or right to you to use any marks displayed on this site without the written permission of Tanzanite or the owner of the mark. Your misuse of the marks displayed on this Site or any other content on this Site is strictly prohibited.
Linked Sites
Some links in the site let you leave the site and go to websites owned and operated by third parties. Such linked sites are not under the control of Tanzanite and Tanzanite is not responsible for the content of any linked site or any link contained in a linked site. Tanzanite is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tanzanite of the linked site.
Communications
Electronic Communications. By using the Services, you consent to receive certain electronic communications from us as further described in our PRIVACY POLICY. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. Please read our PRIVACY POLICY to learn more about our electronic communications practices.
Text Messages. You agree that Tanzanite and those acting on our behalf may send you text messages at the phone number you provide us as further described in our PRIVACY POLICY. These messages may include operational messages about your use of the Services as well as marketing messages. Text messages may be sent using an automatic telephone dialling system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. Your agreement to receive marketing text messages is not a condition of any purchase on or use of the Services.
Emails. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself or following the instructions in the section of our PRIVACY POLICY titled “Your Privacy Choices.”
Errors, Inaccuracies, And Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Digital Millennium Copyright ACT
Tanzanite respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Services to do the same. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:
Tanzanite, Inc.
Attn: Legal Department (IP Notification)
594 Broadway, Suite 200, New York, NY 10012
Email: INFO@TANZANITE.COM.
Procedure For Reporting Claimed Infringement.
If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property right that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by Tanzanite with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Tanzanite making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Repeat Infringers.
Tanzanite’s policy is to: (a) remove or disable access to material that Tanzanite believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Services by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Tanzanite will terminate the accounts of users who are determined by Tanzanite to be repeat infringers. Tanzanite reserves the right, however, to suspend or terminate the accounts of users at our sole discretion.
Counter Notification.
If you receive a notification from Tanzanite that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Tanzanite with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Tanzanite ’ Designated Agent through one of the methods identified above, and include substantially the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Tanzanite may be found, and that you will accept service of process from the person who provided notification set forth above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.