ACCEPTABLE USE POLICY

Last updated March 19, 2024 

This Acceptable Use Policy (“Policy“) is part of our Terms and Conditions (“Legal Terms“) and should, therefore, be read alongside our main Legal Terms: https://kpgems.com/home/policies/. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms. 

Please carefully review this Policy, which applies to all: 

(a) uses of our Services (as defined in “Legal Terms”) and
(b) forms, materials, consent tools, comments, posts, and all other content available on the Services (“Content“).

WHO WE ARE 

We are K. Phillips & Co., Inc., doing business as KP Gems (“Company,” “we,” “us,” or “our“), a company registered in Texas, United States at 5511 Parkcrest Drive, Suite 105, Austin, TX 78731. We operate the website https://kpgems.com (the “Site“), as well as any other related products and services that refer or link to this Policy (collectively, the “Services“). 

USE OF THE SERVICES 

When you use the Services, you warrant that you will comply with this Policy and all applicable laws. You also acknowledge that you may not: 

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under pretenses.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Engage in unauthorized framing of or linking to the Services. 
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Use our Services improperly, including our support services, or submit false reports of abuse or misconduct. 
• Engage in any automated use of the Services, such as using scripts to send comments or messages or data mining, robots, or similar data gathering and extraction tools.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or Services connected to them. 
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services to you.
• Delete the copyright or other proprietary rights notice from any Content.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Sell or otherwise transfer your profile. 

CONSEQUENCES OF BREACHING THIS POLICY 

The consequences for violating our Policy will vary depending on the severity of the breach and the user’s history on the Services, for example: 

We may, in some cases, give you a warning; however, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate your access to and use of our Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe there is a genuine risk to an individual or a threat to public safety. 

We exclude our liability for any action we may take in response to your breaches of this Policy. 

HOW CAN YOU CONTACT US ABOUT THIS POLICY? 

If you have any further questions or comments, please call (512) 666-3111.