OVERVIEW

This website is operated by NextGemz. Throughout the site, the terms “we,” “us,” and “our” refer to NextGemz. 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree with all the terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Continued use of the site after any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.

TERMS OF SERVICE FOR CUSTOMER PHOTOS

By submitting photos to NextGemz, you agree to the following terms:

1. Permission to Use:
You grant NextGemz a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, reproduce, and distribute your photos for purposes including but not limited to our website, social media, marketing, and promotional content.

2. Ownership:
You retain all rights to your photos. NextGemz does not claim ownership but has rights granted through this agreement.

3. Appropriate Content:
You confirm that your submitted photos are appropriate for public use and do not contain unlawful, offensive, or infringing content.

4. No Compensation:
You acknowledge that you will not receive any form of compensation for submitted photos.

5. Credit:
Where possible, we will credit the photographer. If you wish to be credited, please include that information when submitting.

6. Consent:
You confirm that any individuals in the photos have given their consent for their likeness to be used.

7. Removal Requests:
If you want your photos removed, contact us at info@nextgemz.com. We will remove them within a reasonable time.

8. Modification of Terms:
We reserve the right to modify these terms at any time. Continued submission of photos constitutes acceptance of any updates.

By submitting photos, you confirm you’ve read, understood, and agree to these terms.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, including copyright laws.

Transmission of worms, viruses, or any code of a destructive nature is strictly prohibited. Violation of any Terms will result in termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason.

You understand that your content (excluding credit card info) may be transferred unencrypted and may involve transmissions over various networks or adaptations to fit technical requirements. Credit card info is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

Headings used in this agreement are for convenience and do not affect interpretation.

SECTION 3 – ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or outdated. The content is provided for general information only and should not be solely relied upon.

We may update or modify site content at any time, but are not obligated to. It is your responsibility to monitor changes.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without notice.

We reserve the right to modify or discontinue the Service (or any part) at any time without notice. We are not liable for any modification, price change, or discontinuation.

SECTION 5 – PRODUCTS OR SERVICES

Certain items may be available exclusively online and may have limited quantities, subject to our Return Policy.

We make every effort to display product colors and images accurately but cannot guarantee your screen’s display will be precise.

We reserve the right to limit sales to any person, region, or jurisdiction and to discontinue products at any time. All offers are void where prohibited.

We do not guarantee that products or services will meet your expectations, or that Service errors will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel orders at our discretion. This includes limiting orders by account, credit card, or address.

You agree to provide accurate, complete, and up-to-date purchase and account info. Please promptly update all account details so we can complete transactions and contact you as needed.

For more, review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools we don’t monitor or control. Use of such tools is at your own risk.

Future services or tools introduced on the site will also be governed by these Terms.

SECTION 8 – THIRD-PARTY LINKS

Some content may include materials from third parties. We are not responsible for third-party websites or their content.

We’re not liable for any harm or damages related to third-party transactions. Review third-party policies carefully before engaging in any transaction.

SECTION 9 – USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

If you send creative ideas, suggestions, proposals, or other content (with or without our request), you agree we may use them without restriction.

We are not obligated to maintain confidentiality, compensate, or respond to comments. We may, but are not required to, monitor or remove content we consider inappropriate.

You agree not to post anything unlawful, offensive, defamatory, or infringing. You are solely responsible for your comments.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES & OMISSIONS

We may occasionally have errors or omissions in product descriptions, pricing, offers, and availability. We reserve the right to correct them and cancel orders without notice.

We are not obligated to update or clarify any content unless legally required.

SECTION 12 – DIGITAL PRODUCTS AND COPYRIGHT

All digital products offered by NextGemz, including but not limited to 3D designs, images, downloadable files, and other digital content ("Digital Products"), are the exclusive property of NextGemz and are protected by copyright laws, international treaty provisions, and other applicable intellectual property laws.

By purchasing, downloading, or accessing any Digital Product, you agree to the following terms:

Ownership:
All rights, title, and interest in and to the Digital Products remain with NextGemz. Purchasing or downloading a Digital Product does not transfer any ownership rights to you.

License to Use:
Upon purchase, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use the Digital Product for your personal or internal business purposes only.
You may not resell, redistribute, reproduce, modify, sublicense, publicly display, or otherwise exploit the Digital Product for any commercial purposes without express written permission from NextGemz.

Restrictions:
You may not:

Share or distribute the Digital Product to any third party.
Modify, reverse-engineer, create derivative works from, or otherwise alter the Digital Product.
Remove any copyright, trademark, or other proprietary notices.

Copyright-Free Digital Products:
Certain digital products may be specifically designated as "copyright-free" by NextGemz.
If a product is clearly marked as copyright-free, you are granted the rights to use, modify, redistribute, or incorporate the product into your personal or business projects, including commercial use. No attribution is required unless otherwise stated.
You are responsible for verifying whether a digital product is labeled as copyright-free before assuming broader rights. Unauthorized use of copyrighted products is strictly prohibited.

Copyright Notice:
All Digital Products are © 2025 NextGemz. All rights reserved.

Violation:
Unauthorized use, reproduction, distribution, or modification of any Digital Product will constitute a breach of these Terms and may result in legal action.

No Guarantees:
Digital Products are provided "as is" without warranties of any kind, either express or implied. We do not guarantee that Digital Products will meet your specific requirements.

Updates:
We reserve the right to update, modify, or discontinue any Digital Product at any time without notice.

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