THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.
These Terms and Conditions govern your use of, and any purchase from, www.briantropianoweddings.com (the “Site”), and constitute an agreement between you and www.briantropianoweddings.com (“Company”). Company reserves the right to amend these Terms and Conditions or the services within the Site at any time, and in its sole and absolute discretion. Any amendment will be effective immediately upon posting the amended Terms and Conditions on the Site. If you continue to use the Site after any such amendment, you agree to have accepted all amendments. Therefore, you should regularly review these Terms and Conditions and understand them. If you do not agree to the amended terms, you must stop using the Site.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Site and all content and other materials, including, without limitation, the www.briantropianoweddings.com logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, audio and video files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the exclusive and proprietary property of Company or its licensors or users and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws under United States and international copyright laws.
www.briantropianoweddings.com is either a common law, pending or registered trademarks, trademarks or service marks of Company or its affiliates. The use of any Company trademark or service mark without Company’s express written consent is strictly prohibited.
USE OF THE SITE
You may make hard-copy print of portions of the Site but only for your informational, non-commercial and personal use. You may not, however, download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This means that, among other things, you may not engage in any activity that, in whole or in part, includes any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or an adaptations of the Site, any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
Any use of our Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
If you use or access the Site, you are responsible for maintaining the confidentiality of the information you provide, including your password, and for restricting access to your computer. If you are under 18 or under the age of legal consent in whichever jurisdiction you reside, you may use the Site and/or purchase products from the Site or Company only with involvement of a parent or guardian. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
THIRD PARTY CONTENT
Company and the Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Company is not responsible for the availability of such exteal sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. You agree that you use these links and Content contained therein at your own risk.
Company may, on occasion, provide links to affiliate sites or companies (e.g. for insurance, financing of purchases, etc.). In those instances, you agree that the terms and conditions, privacy policies and other agreements used by those affiliated sites and/or companies apply, and that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such service or product.
Company is not responsible for the content of any advertisements and promotions from third parties on the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. A link to such website does not imply that we endorse or accept any responsibility for the content or use of such other website.
USER COMMENTS
We welcome your comments about our Site and our Product as longs as such comments are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”
You agree to provide us with a valid email address. You also agree not to impersonate another person, or otherwise mislead us as to the origin of any or suggestion. We reserve the right to remove any comment or suggestion at our sole and absolute discretion.
For any information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively “User Content”) that you provide to Company, you agree to grant a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You also agree that Company shall not pay you any compensation or reimbursement of any kind for any use of the User Content.
LIMITED WARRANTY
Company warrants that its products will be free from any manufacturing defects at the time of delivery. If you believe that you have received a defective product, please contact us for mailing instructions. If our inspection indicates a structural defect, then we will repair or replace the item at no charge to you and pay for all shipping costs. If the defect or damage is caused by normal wear-and-tear, then we may repair your jewelry at cost, but you will pay for all shipping costs. We will also provide you with free prong tightening, re-polishing, rhodium plating and cleaning for the life of your fine jewelry, but you will be responsible for all shipping costs.
LIFETIME UPGRADE POLICY
For all items, except custom made and specially modified jewelry, Company provides a Lifetime Upgrade Policy. For eligible items, you may return an item undamaged, unmodified and in the same condition as when you purchased it as well as any grading reports or original certificates; if you cannot provide such documents, you may be charged a $150 replacement fee – please see section on Certificates. You will receive a 100% credit in the amount that you actually paid Company for such item provided that you apply the credit immediately to another of Company’s item that has a price greater than the amount of the credit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, PRODUCTS, SERVICES AND SITE MATERIALS ARE PROVIDED “AS IS.” EXCEPT FOR THE LIMITED LIEFTIME WARRANTY AS SET FORTH IN THIS AGREEMENT,, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY SITE MATERIALS OR PRODUCTS REMAINS WITH YOU. IN NO EVENT SHALL COMPANY OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, ARISING OUT OF OR IN CONNECTION WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, ARISING OUT OF THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR IN CONNECTION WITH ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT COMPANY SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO COMPANY BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF COMPANY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
INDEMNITY
You agree to defend, indemnify, and hold harmless Company and its officers, directors, stockholders, affiliates, employees and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your breach of these Terms of Use.
