User Agreement
This page contains the User Agreement (“Agreement”) between you and Fine Jewelry News, LLC (“FJN”) the publisher of this Fine Jewelry News Web site (the “Site”).
This Agreement sets forth the terms and conditions for your use of this Site. Your use of the Site constitutes your agreement to these terms and conditions.
Privacy Policy
Please review our Privacy Policy which is a part of this Agreement and describes how FJN treats your personal information.
1. Your Rights
FJN grants you a non-exclusive, non-transferable, limited right to access, use, and display this Site and the materials provided hereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
2. Service Charges and Payment
FJN may charge you fees for certain products or services offered for sale through our Site. Certain Site services are available only through the purchase of a Site subscription (“Subscription-Based Services”). You will be sent a reminder notice before the expiration of your subscription term.
a) You agree to pay, using a valid payment card which FJN accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the subscription charges to access the Subscription-Based Services. FJN reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site
b) You may cancel your subscription at any time. Cancellations must be in writing, either by e-mail or by writing to us at Subscription Services, P.O. Box 280, Mazomanie, WI 53560. Upon cancellation, FJN will refund the remainder of your subscription fees on a pro-rata basis that will cover the unused months of your subscription. Partial months will not be refunded.
c) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment, and any service fees necessary to access our Site, including the Subscription-Based Services.
d) For purposes of identification and billing, you agree to provide FJN with accurate, complete, and updated information required when purchasing a product or service on our Site, including registering for a Subscription-Based Service (“Registration Data”). Registration Data may include your name, address, telephone numbers(s), email address, and applicable payment card data (e.g., payment card number and expiration date). Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at FJN’s option, result in immediate suspension or termination of your right to use our Site, including Subscription-Based Services.
e) You agree to notify us promptly to update your Registration Data if you know of or suspect unauthorized use of your Subscription-Based Service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part you will remain liable for any unauthorized use of your subscription until you update your Registration Data.
3. Copyright and Trademarks
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Subscription-Based Services (collectively, the “Content”) are owned or controlled by FJN or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public and/or commercial use without the prior written permission of FJN.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of FJN or its employees, licensors, independent contractors, providers, and affiliates (collectively, “Affiliates”) without the prior written permission of FJN or the relevant Affiliate. In addition, you may not use our trademarks:
a) in, as, or as part of, your own trademarks or those of any third parties;
b) to identify products or services that are not those of Fine Jewelry News;
c) in a manner likely to cause confusion; or
d) in a manner that implies that Fine Jewelry News sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
4. Forums and Communications; License
FJN may make available to users of the Site e-mail notices, newsletters, chat rooms, message boards, bulletin board services, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the “Forums”). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the “Communications”). FJN and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant FJN an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to FJN. You hereby waive all rights generally known as “moral rights” in your Communication (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
5. Public Communications
You acknowledge and agree that any Communications made to or by means of any Forum are public.You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied, or other relationship is created between you and FJN by reason of your transmitting a public Communication to any Forum or the Site.
6. Communicating on or to the Site
FJN cannot review all Communication made on or through the Site. However, FJN reserves the right, but has no obligation, to monitor the Forums and edit, modify, or delete any Communications (or portions thereof) which FJN in it sole discretion deems inappropriate, offensive, or contrary to any FJN policy, or that violate this Agreement.
To help FJN maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which
i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
iii) constitutes or contains false or misleading indications of origin or statements of fact;
iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
v) causes injury of any kind to any person or entity;
vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights, or any other rights of any third party;
vii) violates any applicable laws, rules, or regulations;
viii) contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
ix) impersonates another person or entity, or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.
7. Unsolicited E-Mail
You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by FJN in connection with the Site. A message is unsolicited if it is posted in a violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
8. Notice of Copyright Infringement
We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512©(3), and procedures described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C. 512©(3) (“Notice”) to Fine Jewelry News Legal Services, P.O. Box 280, Mazomanie, WI 53560.
To comply with the Copyright Act, your Notice must be in writing and must include:
i) A physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, representative list of such works;
iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
v) A statement that you have 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; and
vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
i) A physical signature of the alleged infringer;
ii) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
iv) The alleged infringer’s name, address, and telephone number; and
v) A statement of consent to jurisdiction of federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
9. Your Password
As part of the registration process for Subscription-Based Services and certain other features, like Forums, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Subscription-Based Services and other products and features, and agree that FJN will have no obligations with regard thereto.
10. Information Provided
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Forums, is at your sole risk. FJN reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that FJN is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither FJN nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
11. No-Commercial Use Policy
You agree to use the Site, Forums, and products and services you purchase throughout the Site, including the Subscription-Based Services, only in a noncommercial manner. You specifically agree not post, transmit, or otherwise distribute to the Site (including without limitation to any Forum) any material containing any solicitation of funds, advertising, or solicitation for goods or services.
12. Age Restrictions
You represent and warrant to FJN that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
13. Financial Responsibility
You agree not to assign, transfer, or sublicense your rights as a subscriber to the Subscription-Based Services. You agree to be financially responsible for all usage or activity on your Subscription-Based Services account.
14. Indemnification
You hereby agree to indemnify, defend, and hold harmless FJN and its Affiliates from and against any and all liability and costs incurred by FJN or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties, or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. FJN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FJN.
15. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES, OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FJN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVERS ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16. LIMITATION OF LIABILITY
USE OF THIS SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THIS SITE.
UNDER NO CIRCUMSTANCES SHALL FJN OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR FJN OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILTY TO USE THIS SITE OR THE SUBSCRIPTION-BASED SERVICES, EVEN IF FJN, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
17. Termination
In addition to any other rights of the parties set forth herein, FJN may cancel or terminate this Agreement at any time. FJN also reserves the right to restrict, suspend, or terminate your access to the Site and/or the Subscription-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If FJN terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, FJN reserves the right to refuse to provide access to the Site or a subscription or any Subscription-Based Services to you in the future.
18. Modifications
a) To the Agreement.
FJN has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of FJN in providing the Site, including without limitation
i) any change in the Content, or
ii) any change in the amount or type of fees associated with the Subscription-Based Services purchased through our Site,
is to cancel your subscription in accordance with instructions provided in Section 2 above.
b) To the Site.
FJN has the right to modify, suspend, or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services. FJN may also impose limits on certain features and services or restrict your access to parts of or all of the Site without notice or liability.
19. General
This Agreement constitutes the entire agreement between you and FJN with respect to the Site and to your purchase of FJN’s products and services offered through this Site, if applicable, including the Subscription-Based Services, and supersedes all prior agreements between you and FJN. Failure by FJN to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Wisconsin (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.