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Terms & Conditions

APPLICABLE TO THE USE OF THIS WEBSITE
(Last revised September 2014)

These Terms and Conditions (the “Terms”), together with the documents referred to within them, set forth the legal terms and conditions governing your use of the website operated by Forevermark Limited, www.forevermark.com and any other online and mobile websites operated by Forevermark Limited that are related to www.forevermark.com (collectively, the "Site").  Forevermark Limited is a limited company registered in England and Wales under company number 06501918, whose registered address is 17 Charterhouse Street, London, EC1N 6RA. Our VAT number is GB243565264.

All references to 'our', 'us' or 'we' within these Terms are deemed to refer to Forevermark Limited.

Your use of the Site (including accessing, browsing or registering to use the Site) confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms.

We reserve the right to revise these Terms at any time by amending this page and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. 

IF YOU DO NOT ACCEPT THESE TERMS YOU MUST NOT USE THE SITE.

1. Other Applicable Terms

These Terms refer to the following additional terms, which also apply to your use of the site:

•  Our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

•  Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.

2. Access to the Site

Access to the Site is permitted on a temporary basis and we may make changes to the Site from time to time and may change, suspend or withdraw the content of all or any part of the Site at any time without notice.

3. 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 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. You agree that you are permitted to use this material and/or content only as set out in these Terms 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 or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this Site or any of its content. 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.

4. Intellectual property

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, 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, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this 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 our prior written permission or the prior written permission of 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.

5. No warranties

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.    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. 

Please note that we are under no obligation to update the content and it may be out of date at any given time. We do not guarantee that the Site or any content on it will be free from errors or omissions. We provide the Site "as is" and without express or implied warranties of any kind.

We do not warrant that the Site will be free from viruses. 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 unauthorised access or use.

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons and we will not be liable to you if for any reason the Site is not available at any time.

If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

6. Third party services

This Site may contain links or references to other websites outside of our control. We are not responsible for these websites or any contents thereof. The inclusion of any such links on our pages shall not constitute an endorsement of, or representation or warranty by, us regarding the content of such websites, the products or services of such websites, or the operators of such websites. You should consult the other websites' privacy policies and terms of use as we have no control over information that is submitted to, or collected by, these third-party websites. We will not be liable for any damages or losses or expenses, even if foreseeable, that may arise from your use of these third-party websites or for the actions and customer information practices of any website to which our Site links or refers.

7. Linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not frame or deep link this Site. The website from which you are linking must comply in all respects with our Acceptable Use Policy and with applicable laws. You must not establish a link in such manner that suggests endorsement, association or approval on our part where none exists.

8. Your responsibility

You should always verify the information set out in this Site with appropriate independent information sources and/or 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 and Cookies Policy and the uses which we may make of such information.  You should also check that the information you provide does not contain any content prohibited by applicable laws or regulations. You will be responsible for any loss or damages we may suffer if you breach this warranty.

If you choose or are provided with a user identification code, password or other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@forevermark.com.

9. No liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under English law or other applicable law. Subject to the foregoing, we will not have any liability for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, suffered by you or any third party as a result of your use of the Site for or in connection with:

•  use of, or inability to use, our site;
•  any third party software you may download from the site; or
•  use of or reliance on any content displayed on our site

If you are a business user, please note that in particular, we also will not be liable for:

•  loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We are not responsible for problems with hosting services, servers or internet service providers, telephone networks or telephone services or for any 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 Site or related to or resulting from generally using or downloading materials in connection with the internet.

We reserve the right to exclusively defend and control any claims arising from any breach of warranties you have made for which you agree to indemnify us (if you are a consumer, it means where you have agreed that you will be responsible for our loss or damage) and you agree that you will fully cooperate with us when we defend those claims.

10. Information submitted by you

Where you make use of a feature which allows you to upload content to us or the Site, or to make contact with other users of the Site, you must comply with the standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any content or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted to the Site by users and, we cannot take responsibility for such content. Any use or reliance on any third party content or materials posted via the Site or obtained by you through the Site is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Site or endorse any opinions expressed on the Site. You understand that by accessing the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Site, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Site.

11. Rights you licence

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 our part , and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us 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.

You hereby irrevocably grant us the right, but not the obligation, to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit, issue or communicate to the public and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity (or the maximum period as may be permitted under applicable law), without according you any royalty, compensation or credit. By submitting a Submission to the Site or us, you warrant and 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.  You agree that you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.   Submissions to the Site and/or us will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission.

APPLICABLE TO THE USE OF THIS WEBSITE
(Last revised September 2014)

These Terms and Conditions (the “Terms”), together with the documents referred to within them, set forth the legal terms and conditions governing your use of the website operated by Forevermark Limited, www.forevermark.com and any other online and mobile websites operated by Forevermark Limited that are related to www.forevermark.com (collectively, the "Site").  Forevermark Limited is a limited company registered in England and Wales under company number 06501918, whose registered address is 17 Charterhouse Street, London, EC1N 6RA. Our VAT number is GB243565264.

All references to 'our', 'us' or 'we' within these Terms are deemed to refer to Forevermark Limited.

Your use of the Site (including accessing, browsing or registering to use the Site) confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms.

We reserve the right to revise these Terms at any time by amending this page and your continued use of the Site after any such amendments are published on the Site will be considered acceptance by you of such amended Terms. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. 

IF YOU DO NOT ACCEPT THESE TERMS YOU MUST NOT USE THE SITE.

1. Other Applicable Terms

These Terms refer to the following additional terms, which also apply to your use of the site:

•  Our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

•  Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.

2. Access to the Site

Access to the Site is permitted on a temporary basis and we may make changes to the Site from time to time and may change, suspend or withdraw the content of all or any part of the Site at any time without notice.

3. 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 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. You agree that you are permitted to use this material and/or content only as set out in these Terms 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 or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this Site or any of its content. 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.

4. Intellectual property

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, 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, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this 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 our prior written permission or the prior written permission of 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.

5. No warranties

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.    To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied. 

Please note that we are under no obligation to update the content and it may be out of date at any given time. We do not guarantee that the Site or any content on it will be free from errors or omissions. We provide the Site "as is" and without express or implied warranties of any kind.

We do not warrant that the Site will be free from viruses. 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 unauthorised access or use.

The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons and we will not be liable to you if for any reason the Site is not available at any time.

If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

6. Third party services

This Site may contain links or references to other websites outside of our control. We are not responsible for these websites or any contents thereof. The inclusion of any such links on our pages shall not constitute an endorsement of, or representation or warranty by, us regarding the content of such websites, the products or services of such websites, or the operators of such websites. You should consult the other websites' privacy policies and terms of use as we have no control over information that is submitted to, or collected by, these third-party websites. We will not be liable for any damages or losses or expenses, even if foreseeable, that may arise from your use of these third-party websites or for the actions and customer information practices of any website to which our Site links or refers.

7. Linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not frame or deep link this Site. The website from which you are linking must comply in all respects with our Acceptable Use Policy and with applicable laws. You must not establish a link in such manner that suggests endorsement, association or approval on our part where none exists.

8. Your responsibility

You should always verify the information set out in this Site with appropriate independent information sources and/or 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 and Cookies Policy and the uses which we may make of such information.  You should also check that the information you provide does not contain any content prohibited by applicable laws or regulations. You will be responsible for any loss or damages we may suffer if you breach this warranty.

If you choose or are provided with a user identification code, password or other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@forevermark.com.

9. No liability

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability which cannot be excluded under English law or other applicable law. Subject to the foregoing, we will not have any liability for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, suffered by you or any third party as a result of your use of the Site for or in connection with:

•  use of, or inability to use, our site;
•  any third party software you may download from the site; or
•  use of or reliance on any content displayed on our site

If you are a business user, please note that in particular, we also will not be liable for:

•  loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We are not responsible for problems with hosting services, servers or internet service providers, telephone networks or telephone services or for any 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 Site or related to or resulting from generally using or downloading materials in connection with the internet.

We reserve the right to exclusively defend and control any claims arising from any breach of warranties you have made for which you agree to indemnify us (if you are a consumer, it means where you have agreed that you will be responsible for our loss or damage) and you agree that you will fully cooperate with us when we defend those claims.

10. Information submitted by you

Where you make use of a feature which allows you to upload content to us or the Site, or to make contact with other users of the Site, you must comply with the standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any content or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted to the Site by users and, we cannot take responsibility for such content. Any use or reliance on any third party content or materials posted via the Site or obtained by you through the Site is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Site or endorse any opinions expressed on the Site. You understand that by accessing the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Site, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Site.

11. Rights you licence

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 our part , and we shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by us 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.

You hereby irrevocably grant us the right, but not the obligation, to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit, issue or communicate to the public and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity (or the maximum period as may be permitted under applicable law), without according you any royalty, compensation or credit. By submitting a Submission to the Site or us, you warrant and 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.  You agree that you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.   Submissions to the Site and/or us will not be acknowledged or returned. You agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission.