AGREEMENT BETWEEN USER AND FAST-FIX JEWELRY AND WATCH REPAIRS
Non-public portions of the Web Site, such as those that required logon information, may be subject to additional terms and conditions.
FAST-FIX JEWELRY AND WATCH REPAIRS reserves the right to change the Terms from time to time by posting the revised Terms to the Web Site. Your use of the Web Site constitutes agreement to the revised Terms.
Provided you comply with these Terms, FAST-FIX JEWELRY AND WATCH REPAIRS grants you the right to access all public portions of the Website for your personal use only. Apart from these express rights to use the Web Site, you may not use, copy, modify, distribute, or access the Web Site, or any materials made available on the Web Site.
LINKS TO THIRD PARTY SITES
Our Web Site may contain links to other Web Sites offered by third parties (“Linked Sites”). The Linked Sites are not under the control of FAST-FIX JEWELRY AND WATCH REPAIRS and FAST-FIX JEWELRY AND WATCH REPAIRS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FAST-FIX JEWELRY AND WATCH REPAIRS is not responsible for webcasting or any other form of transmission received from any Linked Site. FAST-FIX JEWELRY AND WATCH REPAIRS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FAST-FIX JEWELRY AND WATCH REPAIRS of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site, you warrant that you will use the Web Site only as expressly permitted and will not use the Web Site for any purpose that is unlawful or a prohibited by these Terms. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the FAST-FIX JEWELRY AND WATCH REPAIRS Web Site or systems or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided to you on the Web Site.
USE OF COMMUNICATION SERVICES
The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You may use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
FAST-FIX JEWELRY AND WATCH REPAIRS has no obligation to monitor the Communication Services. However, FAST-FIX JEWELRY AND WATCH REPAIRS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FAST-FIX JEWELRY AND WATCH REPAIRS reserves the right to (i) terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever, (ii) to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, and (iii) edit, refuse to post or to remove any information or materials, in whole or in part, in each case in FAST-FIX JEWELRY AND WATCH REPAIRS’ sole discretion. Always use caution when giving out any personally identifying information about yourself or any other person in any Communication Service. FAST-FIX JEWELRY AND WATCH REPAIRS does not control or endorse the content, messages or information found in any Communication Service and, therefore, FAST-FIX JEWELRY AND WATCH REPAIRS specifically disclaims any liability with regard to the Communication Services or resulting from your participation in any Communication Service. Managers and hosts are not authorized FAST-FIX JEWELRY AND WATCH REPAIRS spokespersons, and their views do not necessarily reflect those of FAST-FIX JEWELRY AND WATCH REPAIRS. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. Your use of the Communications Services is at your risk.
MATERIALS PROVIDED TO FAST-FIX JEWELRY AND WATCH REPAIRS OR POSTED TO THE WEB SITE
FAST-FIX JEWELRY AND WATCH REPAIRS does not claim ownership of the materials you provide to FAST-FIX JEWELRY AND WATCH REPAIRS (including feedback and suggestions) or materials you post, upload, input or submit to the Web Site or its associated Communication Services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FAST-FIX JEWELRY AND WATCH REPAIRS, its affiliated companies and its contractors and sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. FAST-FIX JEWELRY AND WATCH REPAIRS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FAST-FIX JEWELRY AND WATCH REPAIRS’ sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant the license contained in this section.
OWNERSHIP; RESERVATION OF RIGHTS
All information, software, artwork, text, video, audio, pictures, logos, trademarks and other content on the Web Site, including all associated intellectual property rights, are the property of FAST-FIX JEWELRY AND WATCH REPAIRS and its licensors, and are protected by copyright and other intellectual property laws. FAST-FIX JEWELRY AND WATCH REPAIRS retains all rights with respect to the Web Site except for those expressly granted to you in these Terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND COMMUNICATION SERVICES AND ANY OTHER SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FAST-FIX JEWELRY AND WATCH REPAIRS WEB SITE (the “MATERIALS AND SERVICES”) MAY BE CHANGED OR TERMINATED AT ANY TIME. FAST-FIX JEWELRY AND WATCH REPAIRS AND/OR ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MATERIALS AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH MATERIALS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FAST-FIX JEWELRY AND WATCH REPAIRS AND/OR ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAST-FIX JEWELRY AND WATCH REPAIRS AND/OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE, UNAVAILABILITY OF THE WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, FOR ANY INFORMATION, MATERIALS AND SERVICES OBTAINED THROUGH, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAST-FIX JEWELRY AND WATCH REPAIRS OR ANY OF ITS LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FAST-FIX JEWELRY AND WATCH REPAIRS WEB SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
FAST-FIX JEWELRY AND WATCH REPAIRS reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.
You agree to defend, indemnify, and hold FAST-FIX JEWELRY AND WATCH REPAIRS and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability, including but not limited to reasonable attorneys’ fees, arising from or related to your breach of these Terms.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Palm Beach County, Florida, U.S.A. in all disputes arising out of or relating to the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to these Terms. If any of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and FAST-FIX JEWELRY AND WATCH REPAIRS with respect to the Web Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FAST-FIX JEWELRY AND WATCH REPAIRS with respect to the Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English and that the presumption against the drafter shall not apply in the interpretation of the Terms.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web Site are: Copyright 2013 by Jewelry Repair Enterprises, Inc., and/or its licensors and suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted in the Terms are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that materials posted on the Web Site infringe rights you enjoy under copyright law in specific materials (collectively, a “Work”), you must follow the procedure described below to notify FAST-FIX JEWELRY AND WATCH REPAIRS of your concerns or objections.
Please direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our “Designated Agent”).
Your notice to our Designated Agent must follow the notice provisions set out in the Digital Millennium Copyright Act (17 U.S.C. §512). See for example, http://www.copyrightalliance.org/2012/03/in-plain-english-a-quick-guide-to-dmca-takedown-notices.