Terms of Service
Last updated: July 19, 2010
WELCOME! BY USING THE FINDMYJEWELER.COM WEB SITE AND RELATED PRODUCTS, SERVICES, AND APPLICATIONS ("Services"), BY CREATING A USER ACCOUNT, AND/OR BY SUBMITTING A FINDMYJEWELER REQUEST, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF SERVICE. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES, CREATING A USER ACCOUNT, OR SUBMITTING A FINDMYJEWELER REQUEST.
1. THE AGREEMENT
Diamond Review, Inc. (hereinafter referred to as "FindMyJeweler", "we", or "us")
provides its Services to you subject to the Terms of Service outlined in this document,
which may be updated by FindMyJeweler from time to time without notice to you. By
accessing the Services, you acknowledge that you have read and understood these Terms
of Service, and agree to abide by them. You can review the most current version of this
document by visiting http://www.findmyjeweler.com/terms.shtml.
The Terms of Service is the entire agreement regarding your usage of the Services, and
supersedes any oral or written communication between you and any employee, officer, or
affiliate of FindMyJeweler. Any waiver of any provision of the Terms of Service will
be effective only if in writing and signed by FindMyJeweler. You
may also be subject to additional terms and conditions that may apply when you buy or
use affiliate services, third-party goods and services, third-party content, or third-
party software.
The Terms of Service and the relationship between you and FindMyJeweler shall be
governed by the laws of the State of California without regard to its conflict of law
provisions. You and FindMyJeweler agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Santa Clara, California. You
and FindMyJeweler agree to conduct all legal proceedings exclusively in the English
language. The failure of FindMyJeweler to exercise or enforce any right or provision
of the Terms of Service shall not constitute a waiver of such right or provision. If
any provision of the Terms of Service is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Service remain in full force and effect. Regardless of any
statute or law to the contrary, you agree to send written notice to FindMyJeweler as
set forth in Section 9, detailing any claim or cause of action arising out of or
related to your use of the Services or the Terms of Service within one (1) year after
such claim or cause of action arose, or be forever barred from pursuing such claim or
cause of action.
2. ACCESS TO THE SERVICE
In order to use the Services, you may need to obtain access to the World Wide Web,
either directly or through devices that access web-based content, and pay any service
fees associated with such access. In addition, you must provide, at your expense, all
equipment necessary to make such connection to the World Wide Web, including, but not
limited to, a computer and modem or other access device.
3. LIMITATION OF RELIABILITY AND ENDORSEMENTS
FindMyJeweler does not represent or endorse the accuracy or reliability of any of the
information, content, messages, graphics, drawings, user reviews, or advertisements
contained on, distributed through, or linked, downloaded or accessed from the Services
nor the quality of any products, information or other materials displayed, purchased,
or obtained by you as a result of an advertisement or any other information or offer in
or in connection with the Services.
Your correspondence or business dealings with, or participation in promotions of,
advertisers, vendors, or users found on or through the Services, including payment and
delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser,
vendor, or user. You agree that FindMyJeweler shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers, vendors, or users on the Services.
4. ERRORS AND OMISSIONS
FindMyJeweler is not responsible for any errors or omissions, or for any losses you or
any other third party might incur as a result of our errors or omissions, even if we
have been previously advised of such errors or omissions. If you believe there is an
error in the Services, you may contact us. Any changes we make to the Services as a
result of your feedback are at our sole discretion, and we are under no obligation to
make any changes you may suggest. FindMyJeweler reserves the right, in its sole
discretion and without any obligation, to make improvements to, or correct any errors
or omissions in the Services without notice to you.
5. EXTERNAL SITES AND RESOURCES
FindMyJeweler is not responsible for the availability, accuracy, copyright compliance,
legality or decency of material contained in any external link or other external
resource, including advertisers, that you may access from the Services. You further
acknowledge and agree that FindMyJeweler 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 external content, goods or services.
6. INTELLECTUAL PROPERTY
FindMyJeweler respects the intellectual property rights of others, and we ask our
users to do the same. All information, data, text, software, music, sound, photographs,
graphics, video, messages, or other materials, whether publicly posted or privately
transmitted, are the sole responsibility of the person from which it originated. You,
and not FindMyJeweler, are entirely responsible for anything you upload, email, post,
or otherwise transmit to us. You agree not to transmit any information to us in any way
that would constitute copyright infringement. Accounts of repeat infringers will be
terminated in appropriate circumstances. If any content within the Services contains
what you believe to be your work in a way that constitutes copyright infringement,
please notify us immediately by following the procedure set forth below.
It is our policy to respond to notices of alleged infringement that comply with the
Digital Millennium Copyright Act. Please submit such notices in written form, postage
pre-paid, to:
Diamond Review, Inc.
Attn: DMCA department
PO Box 609
Los Altos, CA 94023
DMCA notices must comply with the requirements of 17 U.S.C. 512(c)(3) and should
contain at least the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity. In order to comply with this requirement, please include at
least a link to the relevant portion(s) of the FindMyJeweler web site or Services that
contain the alleged infringing material.
- The address, telephone number, and e-mail address of the complaining party.
- A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is
accurate, and that the complaining party is authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed. Please note that making a false
statement can lead to very expensive civil fines, litigation, and legal fees.
- A physical signature of a person authorized to act on behalf of the copyright owner
that is allegedly infringed.
7. REGISTRATION AND PRIVACY POLICY
There are certain sections within the Services that require registration. By
registering, you agree to provide true and accurate information as requested, and to
make timely updates if any of your personal information changes. You are fully
responsible for all activity that occurs under your password or account, and you agree
to keep your password and account confidential.
We record your email address and other personally identifying information if you choose
to communicate with us via e-mail or if you choose to register. Our use and disclosure
of such information is governed by the Privacy Policy, which is available by visiting
http://www.findmyjeweler.com/privacy.shtml.
8. OUR RIGHT TO DISCONTINUE SERVICE
FindMyJeweler reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Services with or without notice. You agree
that FindMyJeweler shall not be liable to you or to any third party for any
modification, suspension or discontinuance of any or all of the Services. You agree
that FindMyJeweler, in its sole discretion, may terminate or restrict your account for
any reason whatsoever, with or without notice. You agree that FindMyJeweler shall not
be liable to you or any third party for any termination or restriction of your access.
9. LEGAL NOTICES
You agree to send or cause to have sent any and all legal notices and all legal matters
to:
Diamond Review, Inc.
Attn: Legal Department
PO Box 609
Los Altos, CA 94023
You agree that any and all legal notices and legal matters sent to us in any other way
(such as, for example, through email, fax, or our website) will have no legal effect
and may not be processed.
10. OUR PROPRIETARY CONTENT
You acknowledge and agree that the Services contain information that is protected by
applicable intellectual property and other laws. You further acknowledge and agree that
content contained in sponsor advertisements or information presented to you through the
Services, advertisers, or users may be protected by copyrights, trademarks, service
marks, patents or other laws. You agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Services, in whole or in part.
You further agree that all information and data you submit to or through the Services
becomes the property of FindMyJeweler.
We welcome your suggestions to improve the Services. However, if you choose to submit
such suggestions, you acknowledge that you do so voluntarily, and in doing so you agree
to assign to FindMyJeweler all rights to any and all such suggestions (including
patentable inventions), and to make best efforts to assist FindMyJeweler in the
filing, prosecution, or other perfection of any such intellectual property rights. You
further agree not to assert any claims against FindMyJeweler under any intellectual
property rights you may have obtained that are based in whole or in part on any
voluntary suggestions you may have submitted to us, or to permit or assist others to
assert any such claims.
11. FINDMYJEWELER IS A VENUE
FindMyJeweler acts as a venue providing information and online resources to assist
users and merchants who wish to buy or sell diamonds and jewelry. We are not involved
in the actual transaction between buyers and sellers. As a result, we have no control
over the quality, safety or legality of the items or services offered for sale by any
merchant or user listed on or referred by our Services, the truth or accuracy of any
claims, the ability of sellers to sell items or the ability of buyers to pay for items.
FindMyJeweler cannot and does not confirm each merchant's or user's purported
identity, and we cannot ensure that a buyer or seller will actually complete a
transaction. Consequently, we do not transfer legal ownership of items from the seller
to the buyer, and nothing in this agreement shall modify the governing provisions of
Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership
of an item is transferred upon physical delivery of the item to the buyer by the
seller.
Your correspondence or business dealings with, or participation in promotions of,
merchants, advertisers, or users found on or through Services, including payment and
delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
merchant, advertiser, or user. You agree that FindMyJeweler shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers, merchants, or users on
the Services. In the event that you have a dispute with one or more users or merchants,
you release FindMyJeweler (and our officers, directors, agents, subsidiaries, joint
ventures and employees) from claims, demands and damages (including actual and
consequential) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "A
general release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor."
FindMyJeweler may not actively monitor or edit messages, reviews or other content
submitted by users. You hereby agree and acknowledge that FindMyJeweler is merely a
service provider under 47 U.S.C. 230 and any other applicable law. You further
acknowledge and agree that we have no obligation to edit or delete content which you
may find objectionable, offensive, or that you may allege to be defamatory or otherwise
prohibited. You further acknowledge and agree that any content submitted by users is
the sole opinion and responsibility of such users, and agree not to hold FindMyJeweler
or its officers, agents, employees, directors, or affiliates liable in any way for any
such content. FindMyJeweler will edit or remove content if requested by the original
author or his/her authorized agent, or if ordered by a court of law with relevant
jurisdiction. You expressly agree to reimburse FindMyJeweler for all costs (including
attorney fees and costs) we incur arising from any actions you or any of your agents
take against any third parties under this Article 11. You expressly agree to reimburse
FindMyJeweler for all costs (including attorney costs) we incur in defending any
action you or any of your agents pursue against FindMyJeweler, its agents, employees,
directors, officers, or affiliates in contradiction of this Article 11. You further
expressly agree that FindMyJeweler may seek and obtain incidental and punitive damages
resulting from you taking any action or acting in any manner that contradicts this
Article 11, in addition to any other lawful remedies, and you further acknowledge that
your lack of legal knowledge or competent legal counsel shall not in any way diminish
the remedies available to FindMyJeweler as set forth herein.
FindMyJeweler takes reasonable steps to assure that each prospective merchant reasonably meets certain criteria
described in the FindMyJeweler website before allowing them to participate in the Services. You
understand and agree that the actual decision to allow or disallow
a given merchant to participate in the Services is made subjectively by the
management, employees, contractors, and/or agents of FindMyJeweler. Such decision is FindMyJeweler's
reasonable opinion of the future performance of a given merchant, made after carefully weighing all the
criteria and data known to FindMyJeweler at the time the decision is made. FindMyJeweler
reserves the right to allow or disallow any merchant from the Services at any time and for any reason, at FindMyJeweler's sole discretion.
12. INDEMNITY
You agree to indemnify, defend and hold harmless FindMyJeweler, its affiliates,
officers, directors, employees, consultants and agents from any and all third party
claims, liability, damages and/or costs (including, but not limited to, attorneys fees)
arising from your use or misuse of the Services, your violation of the Terms of
Service, or your infringement, or infringement by any other user of your account, of
any intellectual property or other right of any person or entity. The Terms of Service
will inure to the benefit of FindMyJeweler's successors, assigns and licensees.
13. WARRANTIES, EXCLUSIONS, AND LIMITATIONS
THE SERVICES ARE PROVIDED BY FindMyJeweler ON AN "AS IS" BASIS, AND FindMyJeweler
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SERVICES. IN NO EVENT SHALL FindMyJeweler BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH
RESPECT TO THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FindMyJeweler
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FindMyJeweler MAKES NO WARRANTY THAT
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM FindMyJeweler OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FindMyJeweler SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES, EVEN IF FindMyJeweler HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICES;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
14. PROHIBITED OR RESTRICTED ACTIVITIES
You agree that your use of the Services will not : (1) violate any law, statute,
ordinance or regulation (including, but not limited to, those governing export control,
consumer protection, unfair competition, antidiscrimination or false advertising); (2)
be fraudulent, false, misleading, or inaccurate; (3) involve the swapping of
counterfeit or stolen items; (4) infringe upon any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6)
be obscene or contain child pornography or content that is otherwise harmful to minors;
(7) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or
other computer programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal information; (8)
create liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers; (9) send unsolicited commercial or bulk e-mail or any other
method of distributing electronic messages to recipients who have not requested them,
otherwise known as "spam"; or (10) disclose any username, user ID, password which you
may have received from FindMyJeweler. You agree you will not disclose any information
you may access through password-protected areas of the Services and you will not cause
or permit any such information to be communicated, copied or otherwise divulged to any
other person whatsoever. FindMyJeweler may immediately terminate, without any warning,
the account of any customer who conducts any of the foregoing prohibited activities.
You expressly agree to indemnify us against any and all liability arising from you
conducting any prohibited activities, as set forth in Section 12 of this Agreement.
Furthermore, you may not engage in any activity (or consummate any transaction that was
initiated using our Services) that could cause us to violate any applicable law,
statute, ordinance or regulation, or that violates any of our restrictions or
prohibitions. FindMyJeweler expressly reserves the right to report violations of the
foregoing prohibitions and to disclose any information relevant to the prohibited
activities to any government authorities, Internet service providers, Internet control
organizations, trade organizations, credit bureaus, any enforcement authority, or any
other affected third party, with or without notice to you.
NOTICE: Sending unsolicited email advertisements to or through FindMyJeweler's
computer systems or the Services will use or cause to be used FindMyJeweler servers.
Any unauthorized use of FindMyJeweler computer systems or the Services is a violation
of the FindMyJeweler Terms of Service, Privacy Policy, and may violate certain federal
and state laws, including the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.),
Section 502 of the California Penal Code, and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender and his or her
agents to civil and criminal penalties.
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