Jewelers Alert Board: Terms And Conditions, Privacy Policy - Jewelers Alert Board

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Terms And Conditions, Privacy Policy

Jewelersalert.com
Jewelers Protecting Jewelers™



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About Jeweler alert
Jewelersalert.com was founded by a group of Diamond Dealers with more than 50 years experience in the industry. Over the years we have experienced significant losses by the hands of dishonest individuals in the trade. Due to the lack of real-time information, people can go from one vendor to the next and continue their scam based on a valid credit that no longer exists.

Our objective is to create a real-time forum where dealers can post personal experiences with specific companies or individuals who have either been Slow Paying or Non-Responsive. These are early warnings of a Scammer or a company on the verge of going Bankrupt.

Often, by the time the news gets to the mass media the industry has suffered more unnecessary losses, which could have been prevented by a simple posting and warning of fellow tradesman.

We hope you use this opportunity to share and receive important information in a timely fashion and benefit our greater community.


Jewelers Alert
Jewelers Protecting Jewelers™

jewelesalert@gmail.com
646-342-5457

1. Jewelers alert Corp. Membership Terms & Conditions
To use this service, you must be at least 18 years old.

www.Jewelersalert.com is an online forum created to help keep jewelers informed. Jewelersalert.com is operated by Jewelers alert Corp.


This is a legal agreement ("Agreement") between you and Jewelers alert Corp. Please read the Agreement carefully before registering for Jewelersalert.com. By registering for Jewelersalert.com, you agree to be bound by the terms and conditions of this Agreement (the "Terms"). If you do not agree to the Terms, you are not permitted to use Jewelersalert.com.

The Terms are subject to change by Jewelers alert Corp., at any time, without notice, effective upon posting of a link to same on our website. Persons who are under 18 years old may not register for jewelersalert.com. By registering with jewelersalert.com, you represent and warrant that you are at least 18 years old.

Jewelersalert.com has complete discretion to update and change these Terms of Service from time to time, and to change the scope or features of the Jewelersalert.com service from time to time. Although Jewelersalert.com will use reasonable efforts to notify you of changes when commercially practical, we reserve the right to make such changes without notice. If you continue to use the Jewelersalert.com Service after any such changes, with or without notice, you will be considered to have consented to them. You can always review the most current version of the Terms of Service at
http://jewelersalert...?act=boardrules

Jewelers alert Corp. reserves the right to immediately suspend or terminate your registration with jewelersalert.com, without notice, upon any breach of this Agreement by you which is brought to Jewelers alert Corp. attention.

Your registration with jewelersalert.com is for your sole, personal use. You may not authorize others to use your user identification and password, and you may not assign or otherwise transfer your account to any other person or entity.

Jewelers alert Corp reserves the right to suspend, terminate and or ban any user without notice at our discretion.

2. Online Conduct
You agree that:

You are solely responsible for the content or information you publish or display (hereinafter, "post") on jewelersalert.com.

You will NOT post on jewelersalert.com any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use jewelersalert.com in a manner consistent with any and all applicable laws and regulations. By posting information on jewelersalert.com, you warrant and represent that the information is truthful and accurate.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law.

3. Indemnity
You will defend, indemnify, and hold harmless Jewelers alert Corp., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of jewelersalert.com, including, but not limited to, any breach by you of the terms of this Agreement

4. Online Content
Opinions, advice, statements, offers, or other information or content made available through jewelersalert.com are those of their respective authors and not of Jewelers alert Corp, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. Jewelers alert Corp. does not guarantee the accuracy, completeness, or usefulness of any information on jewelersalert.com and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will Jewelers alert Corp. be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on jewelersalert.com.

5. Removal of Information
By posting information on jewelersalert.com, you understand and agree that the material will not be removed even at your request. You shall remain solely responsible for the content of your postings on jewelersalert.com.

While we do not and cannot review every message posted by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or remove profanity, obscenities, threats of physical violence or damage to property, and private financial information such as social security numbers and credit card information.

6. Proprietary Rights/Grant of Exclusive Rights
By posting information or content to any public area of www.jewelersalert.com, you automatically grant, and you represent and warrant that you have the right to grant, to Jewelers alert Corp. an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

7. Information Supplied by You
Except as provided otherwise in its privacy policy, Jewelers alert Corp. will keep confidential all information supplied by you to Jewelers alert Corp., and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

8. Disclaimer of Warranty
Jewelers alert Corp. provides jewelersalert.com on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in connection with jewelersalert.com or in connection with any communication with Jewelers alert Corp. c or its representatives, or otherwise with respect to jewelersalert.com. Jewelers alert Corp. specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Jewelers alert Corp. does not warrant that jewelersalert's connection to the internet will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in jewelersalert.com will be corrected.

9. Limitation of Liability
In no event will Jewelers alert Corp. be liable: (i) to you for any incidental, consequential, or indirect damages arising out of the use of or inability to use jewelersalert.com, even if Jewelers alert Corp. or its agents or representatives know or have been advised of the possibility of such damages or: (ii) to any person other than you. In addition, Jewelers alert Corp. disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including, but not limited to, unauthorized users, or "hackers") of jewelersalert.com.

10. State by State Variations
Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

11. General Provisions
You agree that New York law (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of New York, and that you submit to the exclusive jurisdiction of the federal and state courts in the State of New York in connection with jewelersalert.com or this Agreement. This Agreement, accepted upon registering for jewelersalert.com, contains the entire agreement between you and Jewelers alert Corp. regarding the use of jewelersalert.com. This Agreement may only be amended upon notice by Jewelers alert Corp. to you, or by a writing signed by you and an authorized official of Jewelers alert Corp.. Unless otherwise explicitly stated, the Terms will survive termination of your registration with jewelersalert.com. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

12. Copyright Policy/Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement/DMCA Notices
We will terminate the privileges of any user who uses jewelersalert.com to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. In particular, users who submit user content to jewelersalert.com, whether articles, images, stories, software or other copyrightable material must ensure that the content they upload does not infringe the copyrights of third parties.

13.By accepting these terms and conditions you agree not to chargeback any fees that have been paid to jewelers alert corp. For any of our services. If you are not satisfied with our services you may request a refund within 24 hours for a full refund. By not requesting a refund within the 24 hour grace period you accept the full amount charged to you credit card and will not do a chargeback. Any chargeback will be charged an additional $50 fee.

14.Privacy Policy

This privacy policy applies to the Jewelers alert web site.

We respect your privacy. This is why we have taken the time to disclose our information collection practices and our privacy policy. Please take the time to review this document.

Collecting information provides specific benefits to our website visitors and by providing this information, our staff can contact you regarding your report for verification or follow-up if necessary.

We share & collect information for the following purpose(s):

* Website and system administration
* Affiliate websites
* Research and development
* Preserving social history as governed by existing law or policy

If you believe that our website has collected incorrect information or if you would like to dispute any information, please contact us by Email jewelersalert@gmail.com
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If you believe that your copyright has been infringed through the use of jewelersalert.com, please contact our Customer Service department at: jewelersalert@gmail.com

NOTICE FOR USERS OUTSIDE THE UNITED STATES:
The Jeweler alert website is intended solely for use inside the United States. This site should not be used to post information regarding foreign (non-U.S.-based) companies unless the report involves a transaction which took place inside the United States. This site complies with all applicable United States laws including, but not limited to, the Digital Millennium Copyright Act, 17 U.S.C. 512. Different countries have very different laws regarding, among other things, intellectual property, free speech rights and what may or may not constitute defamation. Because Jewelers alert cannot and does not investigate the accuracy of statements on this site, use of the site to publish and/or review reports is limited to only United States residents regarding United States companies. Any other use of the site is expressly prohibited.

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Amendments to this Agreement.
We reserve the right to change these Terms of Use and any other Site guidelines at any time. Any modification to this Agreement will become effective immediately upon posting. You will be responsible to check this Agreement from time to time to see if there are any changes to that might affect your use. Continued use of our Site after any such change will constitute acceptance of all changes. If you do not agree with these Terms of Use as they may be amended, you must immediately terminate your use of this Site.

Definitions.
"Content" means copyrighted materials, including advertising, features or groups of features or data that are posted to the our Site by any User, including all discussions, images, text, software and other content located on our Site, whether generated by Users or by our Site.

"Members" are users that have registered on our Site.

"Profile" means a Web page on the Site providing knowledge and links to other sites with information about a particular person.

The "Site" means any content, service, or property accessible within the Internet domain Jewelersalert.com or otherwise displayed by us. This includes, but isn't restricted to, all text, images, and software.

"Users" or "you" as used herein refers collectively to all of our viewers, contributors and advertisers alike.

"We" or "us" refers to Jewelersalert.com, Jewelersalert Inc. a New York Corporation.

You agree not to post any Content on this Site that (a) infringes any third-party intellectual property or publicity/privacy rights, ( violates any applicable law or regulation, or encourages such violation, © promotes any criminal activity or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons or explosive devices, violating someone's privacy, or providing or creating computer viruses (d) is defamatory, fraudulent, obscene or child pornographic, (e) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users (f) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (g) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (e) is otherwise tortious or criminal, (f) is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise.


The following is a partial list of the kind of activity that is illegal or prohibited on our Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity may includes, but not be limited to:
a. Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, scraping, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

b. Advertising to, or solicitation of, any User to buy or sell any products or services through the Site. You may not transmit any chain letters or junk e-mail to other Users. It is also a violation of these rules to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, Jewelersalert.com reserves the right to restrict the number of e-mails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Site, you acknowledge that you will have caused substantial harm to Jewelersalert.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay us $50 for each such unsolicited e-mail or other unsolicited communication that you send through the Site;

c. Covering or obscuring the banner advertisements on your personal Profile page, or any Jewelersalert.com page via HTML/CSS or any other means;

d. Automated use of our Site, such as using scripts to add Profiles or send comments or messages or to scrape information from it without our permission;

e. Interfering with, disrupting, or creating an undue burden on the Site or our servers;

f. Posting Tags that violate another party's Intellectual Property (IP) rights.

g. Posting another party's Intellectual Property (IP) which you are not authorized to post.

h. Attempting to impersonate another User or person;

I. Using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;

j. Using any information obtained from the Site in order to harass, abuse, or harm another person;

k. Displaying an advertisement on a Profile, or accepting payment or anything of value from a third person to perform any commercial activity on or through the Site on behalf of that person, such as placing commercial content on a Profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or

l. Using the Site in a manner inconsistent with any and all applicable laws and regulations.

The expressive elements, methods, techniques and trademarks displayed on our Site are owned by us and may not be duplicated or otherwise infringed.


Ownership; Our License to Content.
All Content that you post to our Site shall be and remain the property of the User. You represent and warrant that you own or otherwise control all of the rights to the Content which you post, including all intellectual property, trademarks, servicemarks and copyrights, or have the right to post all content which you post. You certify to Jewelersalert.com, its owners, officers, shareholders and affiliates that all information posted by You is accurate; that use of the Content that you supply does not violate our policies and will not cause injury to, or infringe the intellectual property rights of, any person or entity; and that you will indemnify us or its affiliates, parents and partners for all claims resulting from Content you supply. By posting on Jewelersalert.com you acknowledge and certify the truth of all posts and agree to honor any requests to acknowledge the truthfulness of your posts, including but not limited to, testifying, in person, or via affidavit, to the truth of the matter posted. You also agree to indemnify Jewelersalert.com, its owners, officers and affiliates for any damages suffered by Jewelersalert.com, its owners, officers or affiliates, for any false or misleading content you post on Jewelersalert.com.

You grant us, our affiliates, parents and partners a nonexclusive, royalty-free, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. This license will last as long as the Content remains on our Site, and will terminate upon its removal.

You acknowledge that a commercial search engine may, with or without our consent or approval, be able to find, pick up, publish or in some other way find, identify and publish to the entire world information you post on out site. You agree to hold us, our affiliates, parents and partners, harmless for any information you post onto our site and which is picked up and broadcast by a search engine. Therefore, in light of the possibility of information posted on our website being broadcast without our knowledge or consent, you agree, when posting to our website, to confine the information posted to facts which you can prove, such as names, dates, companies, dollar amounts and times.

We reserve the right, at our sole discretion and at any time, to make any changes, modifications, amendments, alterations, and or deletions to any Content, and to any services, including advertising, which we make available at our Site.


User Disputes.
You are solely responsible for your interactions with other Jewelersalert.com Users and Contributors. Jewelersalert.com reserves the right, but has no obligation, to monitor disputes between you and other Contributors. We have no obligation to remove content, posted by another user, which you dispute. We will remove content when ordered to by a court of competent jurisdiction or when we decide to remove content.

YOU UNDERSTAND THAT YOU ARE USING OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY FEATURES OR CONTENT PUBLIC OR PRIVATE, INCLUDING REVIEWS, FAVORITES, PATTERN CATALOGS ETC.

WE WILL BEAR NO LIABILITY FOR OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID, IN CASH, BY THAT CUSTOMER OR VISITOR TO OUR SITE FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT NEITHER WE, OUR EMPLOYEES NOR OUR AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND MADE AGAINST THE USER BY ANY OTHER PARTY.

Indemnification
By using the services of our Site, you agree to indemnify, defend and hold harmless us, our corporate parents, subsidiaries, affiliates, officers, employees, and consultants against any claims or demands, of physical, material, monetary or other nature, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Termination.
We reserve the right to ban or block access to any user including any advertiser. We also reserve the right in our sole discretion to refuse or cancel usage, membership or advertising campaigns, paid or unpaid, with or without refund at any point in time. In all cases refund amounts will never exceed the amount paid by the customer.

United States Copyright Act Designation.
We respect the intellectual property of others and we ask our Users to do the same. Please do not post any Content that is copyrighted by others without permission. If you believe that your copyrighted work has been infringed, and you want us to take down or disable the infringement, please contact the following designated agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by our Users:
•    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•    A description of the copyrighted work that you claim has been infringed upon;
•    A description of where the material that you claim is infringing is located on the Site, including the URL, if applicable;
•    Your address, telephone number, and e-mail address;
•    A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notices should be addressed as follows:

NEED ADDRESS

Users who are found to repeatedly violate copyright rights of others may have their access to all services terminated.

. Choice of Law and Jurisdiction.
Interpretation and enforcement of these Terms of Use shall be governed by the laws of the State of New York, excluding its choice of law rules. All Users consent to personal jurisdiction in the federal and state courts of the State of New York, for any action arising out of or relating to their use of the Services. The federal and state courts of the State of New York shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.

Severability; Entire Agreement; Nonwaiver.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by us to enforce any provision of these Terms of use shall not be construed as a waiver of any provision or right.