TERMS AND CONDITIONS APPLICABLE TO THE USE OF THE FOREVERMARK CONSUMER WEBSITE
Any use by you of the website operated by Forevermark www.forevermark.com (the "Site") is conditional upon your acceptance of these Terms and Conditions, including our Privacy Statement set out in Clause 10. We reserve the right to amend these Terms and Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms and Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms and Conditions, including our Privacy Statement.
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®.
1. Rights
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.
2. Intellectual Property
We are the owner and/or authorised user of all trade marks, 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.
3. Copying
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. All other rights are reserved. You may not offer for sale or distribute over any medium, any part of this Site or any of its content.
4. No Warranties
This site is provided "as is," and your use thereof is at your own risk. 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. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
5. Third Party Services
This Site may contain links or references to other websites outside of our control. Please be aware that we have no control over these websites and therefore cannot vouch for those persons, companies and other organisations whose services may be accessed or displayed through or on the Site.
6. Your Responsibility
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.
7. No Liability
To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage (direct, indirect, consequential ,or otherwise) suffered by you 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, 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 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.
8. 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. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY 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.
9. User Information
In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information is set out in at Clause 10 to these terms and conditions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User.
10. Privacy Statement
10.1 User Information We Collect
10.1.1 You can decide what User Information you provide to us with the exception that for the 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 possible, we will enable you to select how we will use this information. By providing any User Information to us, you fully understand and clearly consent to the transfer of such User Information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy Statement.
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.
10.2 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 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.
10.3 Cookies
In common with many websites, we use "cookies" to help us gather and store information about visitors to our Site. A cookie is a small data file that our server sends to your browser when you visit the Site. The use of cookies helps us to assist your use of certain aspects of the Site. You can delete cookies at any time or you can set your browser to reject or disable cookies. You can obtain information about how to manage cookies at www.allaboutcookies.org.
10.4 Security
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.
11. Indemnity
You will indemnify us against any loss, damage or cost incurred by us arising out of your use 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). 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 defenses.
12. Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, 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. 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.
13. Miscellaneous
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. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.
14. Copyright
We respect the intellectual property rights of others, and require that the people who use the Site do the same.
15. United States of America
This Site is not intended for users in the United States of America. Therefore, we regret that we are not in a position to respond to any enquiries from the United States of America.
16. Law and Jurisdiction
These Terms and Conditions, including the Privacy Statement and any matter relating to this Site, shall be governed by English law.
17. Translation (Prevail Clause)
In the event there is a conflict between this English version of the Terms and Conditions and a translated version, the English version shall prevail.
18. Contact Information
Forevermark 17 Charterhouse Street London EC1N 6RA. Email: support@forevermark.com 2008 © FOREVERMARK, an independently managed division, operating in the UK from the statutory entity, De Beers UK Limited (Co. No. 02054170) with its registered office at 17 Charterhouse Street, London, EC1N 6RA, UK.