TERMS OF SERVICE ("TERMS")

RhinestoneArtist.com is owned and operated by CrystalNinja, LLC

Last updated: January 2021

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.crystalninja.com website (the “Service”) operated by Crystal Ninja LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Intellectual Property The Service and its original content, features, and functionality are and will remain the exclusive property of Crystal Ninja LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Crystal Ninja LLC.

Links To Other Web Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by Crystal Ninja LLC.

Crystal Ninja LLC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Crystal Ninja LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Crystal Ninja LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Crystal Ninja LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Crystal Ninja LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Special Terms and Conditions for IN-HOUSE Crystal Ninja Classes

* The Crystal Ninja in-house classes will include all materials. You will not need to bring anything.

* Crystal Ninja sometimes provides lunch and light refreshments during in-house training. This will always be mentioned in the class promo.

* All bookings are subject to available spaces within the workshop.

* Your booking is not confirmed until full payment has been made.

* All payments are made online via our website: Crystalninja.com.

* We reserve the right to cancel and/or reschedule classes. In the event of a cancellation by Crystal Ninja, LLC, you will receive a full refund.

* Cancellation Policy – If you wish to cancel your booking into an in-house Crystal Ninja Class you will need to give a minimum of three weeks (21 calendar days) notice prior to the workshop. No refunds will be given for cancellations with less than three weeks (21 calendar days) notice. If you are unable to attend a class that you have booked within the three weeks (21 calendar day) cancellation period, you may transfer your reservation to another class (subject to availability) as long as you give at least two weeks’ notice (14 days). If you cancel your booking within two weeks of a workshop (or fail to attend) then your payment will be forfeited and no refund issued, or class rescheduled.

* Full details for the class you have booked into will be sent to you via email within 10 days of the start of the workshop.

* Some of our workshops will cover gluing, painting, and general project preparation. This can result in paint, glue, and/or dust getting on clothing and personal items. We advise you to bring and/or wear older clothing or a cover-up to all workshops. Crystal Ninja, LLC takes no responsibility for damages incurred in its classes. Your personal items are your responsibility.

* Notice of Copyright. All classroom instruction methods, processes, video recordings, and/or visual materials related to this course, its creative instruction, content, and notes, collectively all belong exclusively to Crystal Ninja, LLC.

* Photography. You are welcome to take photos of your project in progress throughout the class period. Please be respectful of other students’ desire to be in your photographs. We need the permission of other participants and instructors to take photos of others and other projects you may see completed here in the Dojo. We do have a Photo Release Form that everyone will be asked to sign on the first day of class. Your instructors may take photos of the class throughout the weekend. These photos may or may not be used for marketing purposes including (but not limited to) use in websites, social media, blogs, advertising, print media, and more. If you do not wish to be in photos from the class or give your consent for your images to be used for marketing purposes then please advise us on the first day of class.

* There is absolutely no videotaping, recording of this class.

* All class lessons are property of Crystal Ninja, LLC and are not to be retaught or shared in any format. Please take the skills taught here to expand your personal and professional knowledge.

* The classes taught by the Crystal Ninja Team are amazingly thorough and informative. With plenty of practice and testing, you will hone your skills to #GlueLikeANinja.

By booking any of our classes online, you are accepting these terms and conditions and agree to be bound by them.

CA PROP65
CrystalNinja™, Swarovski®, and KiraKira™ Glass Rhinestones:

CA’s Office of Environmental Health Hazard Assessment (OEHHA), for Proposition 65 states on its website: just because there is a Prop 65 warning on a product, that does not necessarily mean a product is in violation of any product-safety standards or requirements.

More info on California Proposition 65

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings to be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. The warnings are intended to help California consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and publishes the listed chemicals, which include more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.

Many companies are providing the following warning for products sold to the state of California.

WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

Fresh Fruits, Nuts, and Vegetables

California requires the following notice:

WARNING: This product may contain a chemical known to the State of California to cause cancer, birth defects, or other reproductive harm.

Alcoholic Beverages, Including, Without Limitation, Beer, Malt, Beverages, Wine, and Distilled Spirits

California requires the following notice:

WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.

Canned and Bottled Foods and Beverages

California requires the following notice:

WARNING: Many foods and beverage cans have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you consume foods or beverages packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.

Coffee and Some Roasted Nuts, Baked Goods and Snack Foods

California requires the following notice:

WARNING: Chemicals known to the State of California to cause cancer and birth defects or other reproductive harm, including acrylamide, are present in coffee and some roasted nuts, baked goods and snack foods such as chips. Acrylamide is not added to these products but results naturally from the roasting, baking or cooking process. The FDA has not advised people to stop consuming foods that are fried, roasted, or baked. For more information regarding the FDA’s views, visit www.fda.gov

Beauty Products

California requires the following notice on beauty and skincare products that contain progesterone:

WARNING: This product contains progesterone, a chemical known to the State of California to cause cancer. Consult with your physician before using this product.

Tools

California requires the following notice:

WARNING: Some dust created by power sanding, sawing, grinding, drilling, and other construction activities contains chemicals known to the State of California to cause cancer and birth defects, or other reproductive harm. Some examples of these chemicals are:

lead from lead-based paints,

crystalline silica from bricks and cement and other masonry products, and

arsenic and chromium from chemically treated lumber.

Your risk from exposure to these chemicals varies, depending on how often you do this type of work. To reduce your exposure, work in a well-ventilated area and with approved safety equipment, such as dust masks that are specially designed to filter out microscopic particles.

Lead Crystal Glasses

Lead levels in the crystal glasses sold in our Kitchen & Housewares Store comply with FDA standards. California requires the following separate notice:

WARNING: Consuming foods or beverages that have been kept or served in leaded crystal products will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm. This warning does not apply to Baccarat decanters, flacons, stoppered pitchers, and mustard and jam pots.

Ceramic Tableware

Lead levels in the ceramic tableware sold in our Kitchen & Housewares Store comply with FDA standards. California requires the following separate notice for ceramic tableware on the packaging:

WARNING: Use of this tableware will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm.

Jewelry and Tiffany Style Lamps

California requires the following notice:

WARNING: This product contains lead, a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. Wash hands after handling.

Electrical Cords

California requires the following notice:

WARNING: The wires of this product contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Wash hands after handling.

Motor Vehicles

California requires the following notice:

WARNING: Motor vehicles contain fuel, oils, and fluids, battery posts, terminals, and related accessories which contain lead and lead compounds and other chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm. These chemicals are found in vehicles, vehicle parts, and accessories, both new and as replacements. When being serviced, these vehicles generate used oil, waste fluids, grease, fumes, and particulates, all known to the State of California to cause cancer, birth defects, and reproductive harm.

Additional Information about Proposition 65

For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings.

Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.

FREQUENTLY ASKED QUESTIONS
You might have noticed the following warning we place on our product packaging and wondered what it is all about WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov”. Here are some frequently asked questions to help explain the warning and why we, like most companies doing business in California, are required to provide the warning.

WHAT IS CALIFORNIA PROPOSITION 65?
California’s Safe Drinking Water and Toxic Enforcement Act of 1986, more generally referred to as “Proposition 65” or “Prop 65,” is a law unique to California. The law requires all businesses doing business in California to provide warnings if a product contains any of the more than 935 naturally occurring or synthetic chemicals that the State of California has determined to cause cancer or reproductive harm. The warning signs and labels are meant to warn consumers of possible exposure before they frequent an establishment or purchase a product.

As a result, Californians regularly and routinely see this warning label on all types of products including on foods, drinks, supplements, medications, household products/furniture, outdoor products, clothing, and accessories, and in all kinds of places including restaurants, hotels, grocery stores, schools, and hospitals. Because determining “exposure” and the level to which such exposure may exist is a very complex process, the burden of proof required of businesses seeking to be exempt from providing a warning is quite onerous. Therefore, many businesses simply elect to provide a warning based on the possible presence of one or more listed chemicals without evaluating the exposure. As such, the actual level of exposure, if any, from the product may be below the “no significant risk” level established by the law.

WHY HAS SWAROVSKI PLACED A PROPOSITION 65 WARNING ON ITS PRODUCTS?
A Proposition 65 warning means one of two things: (1) the business has evaluated the exposure and has concluded that it exceeds the “no significant risk” level; or (2) the business has chosen to provide a warning simply based on its knowledge about the presence of a listed chemical without attempting to evaluate the level of exposure. Swarovski is providing a warning based on our knowledge about the presence of one or more listed chemicals without attempting to evaluate the level of exposure. The exposure level for the chemicals contained in Swarovski products may be well within the “no significant risk” range, however, out of an abundance of caution, Swarovski has elected to place the Proposition 65 warning on its products.

ARE PRODUCTS WITH THIS LABEL SAFE TO USE?
Yes, Swarovski’s products are safe to use and wear. Our products meet federal and state laws (including California) for safety and restricted substances. Even the regulatory office, CA’s Office of Environmental Health Hazard Assessment (OEHHA), for Proposition 65 states on its website: just because there is a Prop 65 warning on a product, that does not necessarily mean a product is in violation of any product-safety standards or requirements. All Swarovski products are safe and meet federal regulatory standards for jewelry.

I PURCHASED THIS PRODUCT OUTSIDE OF CALIFORNIA, WHY ARE YOU PROVIDING THE PROPOSITION 65 WARNING TO ME?
Swarovski’s products are sold throughout the US. From a practical standpoint, due to the nature of how Swarovski distributes its products across the country, we cannot predict which exact product may end up being sold to someone in California, therefore, we place the warning on all of our products for some distribution channels. That said, consumers in all states may see the Prop 65 warning on our product packaging.

WHERE CAN I GET MORE INFORMATION?
For general information on California Proposition 65 and the list of chemicals, please visit OEHHA’s website at: https://oehha.ca.gov/proposition-65 and https://oehha.ca.gov/proposition-65/proposition-65-faqs