Last revised August 2, 2011
These Terms and Conditions (the “Terms”) set forth the legal terms and conditions governing your use of the website operated by Forevermark www.forevermarkdiamond.com and any other online and mobile websites operated by Forevermark that are related to www.forevermarkdiamond.com (collectively, the "Site"). Your use of the Site confirms your unconditional agreement to be bound by these Terms and Conditions and is subject to your continued compliance with these Terms and Conditions.
IF YOU DO NOT ACCEPT THESE TERMS and CONDITIONS PLEASE LEAVE THE SITE NOW.
All references to 'our', 'us', 'we' or 'company' within these Terms and Conditions are deemed to refer to Forevermark US, Inc.
Company reserves the right, from time to time, in its sole discretion, to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the Site or theses Terms, in whole or in part, at any time without further notice. For changes to these Terms that we deem material, we will place a notice on the Site by revising the link on the homepage to read substantially as “Updated Terms and Conditions” for up to three (3) weeks or some other amount of time that we determine in our discretion. If you access or use the Site in any way after the Terms have been changed, you will be deemed to have read, understood and unconditionally consented to and agreed to such changes. The most current version of these Terms will be available on the site and will supersede all previous versions of these Terms.
© 2011 Forevermark US, Inc.
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms and Conditions or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content. In addition, you may not frame or deep link this Site. You shall not interfere or attempt to interfere with the operation or use of Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
We are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms and Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms and Conditions, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Site without the prior written permission of Forevermark or such other third party that may own the trade mark, service mark or logo displayed on this Site. Your use of the trade marks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited.
You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. Forevermark hereby expressly reserves all rights not expressly granted in and to the Site and its content. You may not offer for sale or distribute over any medium, any part of this Site or any of its content.
This Site (including the any information, materials, text, graphics, links or other items included in this Site) is provided "as is," “with all faults” and “as available”, without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement or those arising by statute or otherwise in law from a course of dealing or usage of trade. We, our officers, directors, employees, agents and assigns, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be free from viruses, available or that the contents will be accurate. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorized access or use. Forevermark does not warrant the security, currency, correctness, quality, accuracy, adequacy, completeness, reliability, performance, timeliness, or continued availability, with respect to this Site or the use of this Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. Company assumes no responsibility for any delays, interruptions, errors, defects, omissions, or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. Company is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or in connection with the Site, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site.
Third Party Services
You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.
To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns (the “Released Parties”), hereby disclaim any and all liability for any loss, cost or damage (direct, indirect, consequential, or otherwise) suffered by you or any third party as a result of your use of the Site or from any computer virus transmitted through the Site, or other sites accessed from this Site, or in connection with any theft, unauthorized access, security breach, failure of performance, error, omission, interruption, defect, delay in operation or transmission, or communication line or system failure, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In addition, YOU AGREE THAT THE RELEASED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, ANY LISTING OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (the “Released Matters”). In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the Site exceed, in the aggregate, £100.00 (sterling) or equivalent.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by agreeing to these Terms to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. Company makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.
Information Submitted by You
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private.
If you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Company shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Site or Company, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the Site and/or Company will not be acknowledged or returned. You agree and understand that Company is not obligated to use any Submission you make to the Site or Company and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Company does not place Company in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Company has wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to it or being developed by Company’s own employees. Many may be competitive with, similar or identical to your Submission in structure, design, purpose, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of Company’s use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Company’s actual or alleged exploitation or use of any material you submit to the Site and/or Company, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Company platform, product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
In the course of your use of the Site, you may be asked to provide personal information to us such as your first and last name, phone number or email address or other individually identifiable information within the meaning of COPPA and the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2 (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information is set out in Clause 10 to these Terms and Conditions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
10.1 User Information We Collect
10.1.1 You can decide what User Information you provide to us with the exception that for certain functions on the Site, including the request for grading and inscribing services, we will require you to submit User Information that allows us to provide this service to you. Where reasonably possible, we will enable you to select how we will use this information. This Site is operated in the United States. By providing any information to Company, all users, including, without limitation, users in the member states of the European Union, Canada or elsewhere outside of the United States, fully understand and unambiguously consent to this Privacy Statement. By using our Site, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States. When you submit your User Information on this Site, you are giving your consent to the collection, retention, use, and disclosure of your User Information as set forth in this Section 10. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information.
10.1.2 We may also collect aggregated or non-User Information to track data such as the total number of visits to this Site or the number of visitors to each web page. This information shall remain in aggregated form and may be used to understand how visitors use this Site.
10.1.2 We may also collect aggregated or non-User Information to track data such as the total number of visits to this Site or the number of visitors to each web page. This information shall remain in aggregated form and may be used to understand how visitors use this Site or for any other purpose.
10.1.3 This Section 10 applies only to the information we collect on this Site. We encourage you to read the privacy policies of other websites you link to from our Site or otherwise visit.
10.1.4 We may revise this Section 10 from time to time. If we decide to change the terms of this Section 10, we will post the revised policies here. We suggest that you periodically consult this Section 10 to determine whether changes have been made. Please note that our rights to use your User Information will be based on the privacy policies in effect at the time the information is used.
10.1.5 You may at any time choose to opt-out of receiving electronic mail, and/or telephone communications from Forevermark. These opt-out choices are the means by which you give us, or decline to give us, your consent to use this User Information or to share it with third parties. [You can exercise your opt-out choices after submission of any User Information by contacting us by electronic mail at firstname.lastname@example.org. If you elect to contact us by e-mail or postal mail, please include information in your email or letter that will help us identify you so that we can most expeditiously respond to you.
Please note that it may take us some time to fully effect your opt-out choices. This is because our systems require time to update, and postal and e-mail, and telephone communications using information shared by you before your opt-out may already be works in process. Thus, you might continue to receive postal, email, or telephone communications from us or a third party based upon the User Information you have provided to us for a short time after you changed your opt-out choice(s). For similar reasons, your User Information might continue to be shared with third parties for a short time after you change your opt-out choice(s).
We may also provide you an opportunity to update your information and/or modify your opt-out choices by sending you an e-mail, writing you a letter, or telephoning you and inviting your response.
10.1.6 Additional Information for California Residents
California Civil Code Section 1798.83 permits California residents to request certain information regarding its disclosure of User Information to third parties for their direct marketing purposes. To make such a request, please contact us by electronic mail at email@example.com.
10.2 How We Apply User Information
10.2.1 We may use your User Information in order to communicate with you about our products and services and Forevermark news;
10.2.2 We may use User Information for internal marketing analysis, for example, to measure the amount of traffic to our websites. We may also share User Information with others, such as advertisers, in aggregate anonymous form, which means that the information will not contain any identifiable information about you. We will only share identifiable information with third parties for marketing analysis with your consent.
10.2.3 We may collect, use and/or disclose your User Information if permitted by law or required to do so by law or where we believe such action is necessary in order to detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our audit and security requirements, and to audit compliance with or corporate policies, procedures, legal and contractual obligations.
10.2.4 We may retain other companies, organizations, and individuals to perform functions on our behalf. Examples include data analysis firms, customer support, webhosting companies, and fulfillment companies (e.g., companies that coordinate mailings of publications). Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose
10.2.5 We reserve the right to disclose, share and/or otherwise transfer user information, including without limitation User Information, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Site prior to a change of ownership or control of your User Information, if your User Information will be used contrary to this policy. For clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of User Information collected pursuant to this policy from this Site, off-line or otherwise, to the buyer of that portion of its business relating to that information.
10.2.6 If you choose to enter a contest, sweepstakes or promotion, your User Information may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your User Information or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the User Information that you submit.
Our Site may enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Site. Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.
Although the Adobe Flash Player is used by the vast majority of websites that offer video content and/or games, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across websites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.
10.4.1 We take security seriously and we take precautions to keep your User Information secure. We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. We have no control over the privacy of any e-mail communications while in transit to us.
10.4.2 In the unlikely event that we believe that the security of your User Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavour to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.
We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. This Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. This Site is not aimed at nor intended for children under the age of 13. If you are under the age of 13, please do not use this Site, and if you are over the age of 13 but under the age of 18, you should use this Site only with the involvement and permission of a parent or legal guardian. No personally identifiable information is purposefully or knowingly collected from children under the age of 13 by Company without parental consent. If Company discovers that a person under the age of 13 has provided Company with any User Information, Company will use commercially reasonable efforts to delete such person’s User Information from its system. Every user hereby agrees that all information you provide, shall be truthful and correct.
10.6 Web Beacons
Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Site and our marketing campaigns.
10.7 Use of IP Addresses
An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the User Information you provide. We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
By using the Site, you agree to indemnify the Released Parties against any loss, damage or cost (including reasonable attorneys' fees) incurred by us arising out of your breach of these Terms and Conditions or your use or access of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms and Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). You shall not settle any such matter without the written consent of Company. We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defences.
Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to the Site, in whole or in part, and/or your ability to avail of any of the services on the Site, including interactive services, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these Terms and Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms and Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time, with or without notice. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions. Company will determine your compliance with these Terms in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal.
Non-United States Residents
Company operates the Site in the United States. Company makes no representation that the Site and its copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
These Terms and Conditions, including our Privacy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You may not assign your rights or obligations under these Terms and Conditions to anyone. We may cede assign or otherwise transfer our rights and obligations in terms of these Terms and Conditions to third parties.
We respect the intellectual property rights of others, and require that the people who use the Site do the same.
Law and Jurisdiction
These Terms and Conditions, including the Privacy Statement and any matter relating to this Site, shall be governed by the laws of the United States of America and the internal laws of the State of New York applicable to agreements made and to be performed entirely within such state, without regard to the conflict of law principles of such state.
The Site allows you to virtually try on items from the Forevermark collection at home. In order to use this functionality you will need to install additional software (the “Software”); you will be asked to accept the licence terms for the Software before you install it. If you do not accept the licence terms you should not install or use the Software. The Software is licensed to you by a third party and Forevermark will not be responsible to you for any issues arising from the use of the Software.
FOREVERMARK AND ITS DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, STATUTORY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, RESULTING FROM ANY ERROR OR OMISSION FROM THE SOFTWARE, OR BY THE ACTS OF OTHERS EVEN IF THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Software allows you to create and share images of you wearing Forevermark diamonds. You are permitted to share these images electronically via social networking services using the functionality incorporated in the Site, and you may use printed copies for your lawful, personal, non-commercial use. You are not permitted to share the images electronically by other means, or to use them for any business or commercial purposes.
If you share images using social media your images will be available to other people in accordance with the privacy settings you have chosen. Forevermark has no control over such settings or the privacy policies of third party websites and it is your responsibility to ensure that you have checked the privacy settings and policy of any social media service which you use.
Forevermark US, Inc. 9th floor, One Stamford Plaza, 263 Tresser Blvd, Stamford CT, 06901. Email: contactusUS@forevermark.com
Forevermark®, Forevermark Setting™, Millemoi™ and small logo® are Trade Marks of the De Beers group of companies.