Use of The Site.
Restricted Areas of The Site.
In order to access certain areas of the Site and certain products and/or services provided by us through the Site, registration is required. During the registration process, you will be required to (i) affirmatively accept additional terms and conditions regarding your access to these restricted areas of the Site and certain products and/or services provided by us through the Site (the “Membership Agreement”), and (ii) create a unique user name (“User Name”) and a password (“Password”).You are solely responsible for the confidentiality and use of your User Name and Password, as well as for any use, misuse or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate or change a User Name or Password. We reserve the right to delete or change your User Name or Password at any time and for any reason.
Communications with Us.
Although we encourage your communication with us, we do not want you to, and you should not, send us any confidential information. With respect to all communications that you send to us including but not limited to, photos, feedback, questions, comments, suggestions, postings on discussion boards, product reviews, surveys, and the like, we shall be free to use your communications and any ideas, concepts, know-how, techniques or other content contained in your communications (collectively, the “Information”) for any purpose whatsoever including, but not limited to, the development, production and marketing of products and services that incorporate such Information. All Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. By submitting any Information, you are granting us an irrevocable license to use the Information for any purpose whatsoever, and to use your name and other identifying information in connection with such Information.
Linking and Framing. You may not place a link to the Site on any other web site, or frame the Site within another web site, without our prior written permission.
Intellectual Property Rights in the Site.
The Site contains various information in the form of data, text, graphics, photos, images of the Merchandise, and other materials that belong to us and third parties (the “Content”).You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of us or our licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.You may not copy, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws.
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide us with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Links to Third Party Web Sites.
The Site may contain links to third party web sites. Any such links are provided for your convenience only. We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.
THE SITE AND THE CONTENT, PRODUCTS, SERVICES AND OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR AFFILIATES ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION CONTAINED ON THE SITE, FOR ANY INTERRUPTIONS OR ERRORS IN ACCESSING THE SITE, OR FOR ANY VIRUSES OR OTHER HARMFUL COMPONENTS CONTAINED ON THE SITE OR THE SERVER FROM WHICH THE SITE IS MADE AVAILABLE. NEITHER WE NOR ANY OF OUR AFFILIATES MAKE, AND WE EACH HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT, PRODUCTS, SERVICES AND OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, SUCCESSORS OR ASSIGNS (EACH, A “HAUTE VAULT PARTY”) BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF THE SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RESULTING FROM ACCESS TO OR OTHER USE OF THE SITE OR RELIANCE ON ANY CONTENT, PRODUCTS, SERVICES OR OTHER MATERIAL ON OR MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold each Rental Jewellery Party harmless from and against any and all claims, liabilities, damages, losses and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of the Site or any Content, products, services or other materials on or made available through the Site.
Governing Law and Jurisdiction.