Welcome to the Sabika, Inc. (“Sabika”) website. By using this site, you agree to comply with and be bound by the following terms and conditions of use (“Terms”). By accessing, visiting, browsing, using or interacting with this website, or any Sabika services or content (collectively the “Website”), you agree that you have read, understand and agree to be bound by these Terms. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. These Terms may be modified at any time. You can view the most recent version of these Terms at any time at www.sabika-jewelry.com. Your continued use of the Website shall be deemed acceptance of any new or different Terms.

1. WEBSITE USE

Sabika grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this Website. If you have any questions regarding these Terms, please contact Sabika at: Sabika@sabika-jewelry.com.

2. OWNERSHIP

All content included on this Website is and shall continue to be the property of Sabika and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

3. INTENDED AUDIENCE

This Website is intended for adults only. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.

4. PRIVACY POLICY

This Section 4 sets forth Sabika’s Privacy Policy related to the Website. This Section 4 does not apply to any privacy practices of third party vendors that may provide products or services in connection with your use of the Website.

• Information We Collect. In the course providing the Website, Sabika may collect and/or receive the following types of information (collectively, the “Information”). You authorize us to collect and/or receive such Information.Personal Information. When you create an account, make an online purchase, or contact Sabika for information or support, you will be required to provide Sabika with certain personal information about yourself which may include, but is not limited to, your name, e-mail address, physical address, phone number, and other similar types of information.

  Payment Information. If you make an online purchase, you will be required to provide us with your payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “Payment Information”). Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use. Currently, Sabika’s payment vendor is Authorized.net but Sabika may change this vendor from time to time. Sabika makes no representations or warranties with respect to third-party vendors and shall have no liability in connection with their processing of your Payment Information. You should read the terms and policies of any third-party vendor you provide Payment Information to.

  Third-Party Analytics. Sabika may use third-party technology providers, advertisers, or agencies for various services (e.g., Google Analytics) to compile reports on your activity, analyze performance metrics, and collect and evaluate other information relating to your use of the Website. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, please visit https://analytics.google.com.

  Other Information. Sabika may automatically collect or receive additional information regarding you and your use of the Website including but not limited to information about your computer and mobile devices used to access the Website such as IP addresses, browser type, referring and exit URLs, network type, carrier, and other information that you voluntarily provide (collectively, the “Other Information”). Sabika may use both cookies and other technologies to help us collect data and to enhance your experience with the Website.

• How Information is Used. You authorize Sabika to use your Information to: (a) provide and improve the Website and other Sabika products and services; (b) solicit your feedback; (c) create an account for you; and (d) inform you about other Sabika and third party products and services. Sabika may share the Information with third-party promotional and marketing partners. Sabika may also engage third-party companies and individuals to perform functions on Sabika’s behalf such as providing technical assistance, customer service, marketing assistance, and administration of Sabika products and services. These other companies and individuals will have access to the Information only as necessary to perform their functions and to the extent permitted by law. The Website may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Website and Sabika’s other products and services. Sabika may share and/or license this aggregate data to third parties. Sabika may also use your Information for other legitimate business purposes in accordance with applicable law.

5. THIRD PARTY PRODUCTS AND SERVICES

The Website may incorporate or link to products and services provided by third-party vendors. Sabika makes no representations or warranties with respect to these third party vendors and shall have no liability in connection with your use of their products or services. You should carefully review the terms and policies of any third party vendor.

6. GOVERNING LAW

The laws of the Commonwealth of Pennsylvania shall govern these Terms and you agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania for the purposes of enforcing the provisions of these Terms or in the event of any dispute between you and Sabika.

7. DISCLAIMER OF WARRANTIES.

THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE, LAW, SABIKA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SABIKA DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE ASSOCIATED SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SABIKA MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME.

8. LIMIT OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SABIKA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE OR YOUR USE OF THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO CEASE ALL OF USE OF IT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

9. INDEMNIFICATION

You agree to indemnify, defend and hold Sabika and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your breach of these Terms or your use of the Website.

10. MISCELLANEOUS

In the event any provision of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired. These Terms reflect the complete and exclusive agreement between you and Sabika related to the Website. These Terms may only be modified by a written agreement signed by both you and Sabika. Sabika shall not be liable for any failure or delay in the performance of its obligations if such failure or delay is due to causes beyond its control, in which event Sabika shall be excused from its obligations for the period of the delay and for a reasonable time thereafter. Nothing contained in these Terms shall be construed to create any partnership, joint venture, employee, agent, or other relationship between the parties and the parties shall at all times remain independent contractors.

TRADEMARKS & COPYRIGHTS

Sabika reserves all rights not expressly granted in and to this Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces, videos and code is protected as a compilation under the copyright laws of the United States. All designs copyrighted by Sabika Inc. unless otherwise noted.

Trademarks, service marks, trade names, and logos displayed on this Site constitute the registered and unregistered intellectual property of Sabika (“Sabika’s Marks”). The following is a non-exhaustive list of Sabika’s Marks: Sabika®, Sabika Love®, Sabika Classics®, Sabika Grace®, Austrian Crystal Jewelry Sabika Logo®, Sabika Tiara®, Sabika Daisy®, The Sabika Cut®, Sabika Miami®, Sabika Vienna®, Sabika London®, Sabika Manhattan®, Sabika Fun®, Golf®, Sabika Heart Logo®, Heart Logo®, Heart Outline Logo®, Sabika is the promise of a smile, the beginning of a story and the end of going unnoticed®, IAMANORIGINAL®, Basics by Sabika®, and BEANORIGINAL”.