TERMS AND CONDITIONS OF USE
Malvasio Designs™ Online Store makes no representation that materials in the site, including merchandise offered for sale on the site and their trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this site from locations outside of the US do so on their own initiative and are solely responsible for compliance with any and all applicable local laws. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise shall pass to the buyer upon delivery of the merchandise to the common carrier.
Material from Malvasio Designs™ Online Store may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any purpose other than your own personal, non-commercial, home use is a violation of the copyrights and other property rights held by Malvasio Designs™ Online Store or affiliates. The use of any such material on any other Web site or networked computer environment is prohibited.
The trademarks, logos and service marks (collectively the “Trademarks”) which you see on this site are registered and unregistered trademarks of Malvasio Designs™ Online Store, its affiliates and others. Nothing in this site grants to you any license or right to use any Trademark displayed on this site without the prior written permission of the owner of the Trademark. Your use or misuse of any Trademark displayed on this site, or of any other content on this site, is strictly prohibited.
When ordering merchandise from Malvasio Designs™ Online Store as a gift for a loved one, we invite you to add a personal message for inclusion with the gift. However, in order to protect the Trademarks, Malvasio Designs™ Online Store reserves the right and sole discretion to omit, edit and/or modify any and all content it deems inappropriate. Further, although Malvasio Designs™ Online Store strives for perfection in rendering this service, it is not responsible for any liability, damage or expense resulting
from any errors, modifications or omissions made in transcribing the personal message or delivering the gift card.
Malvasio Designs™ Online Store welcomes your comments regarding our merchandise and services, including our Internet site. However, any personal gift messages, notes, comments, billboard postings, ideas, suggestions, or other material that you submit to Malvasio Designs™ Online Store automatically becomes the property of Malvasio Designs™ Online Store and affiliates, and they shall be entitled to use such property (in its original form or any modified or altered form) for any use or purpose that Malvasio Designs™ Online Store or affiliates desire, including use in any promotion, advertising or media whether now known or hereafter devised. When you submit material to the Malvasio Designs™ Online Store site, you agree that Malvasio Designs™ Online Store and affiliates have the right to use and publish the material for any purpose as outlined above, without any compensation or attribution to you . As a result, we ask that you do not send us any original creative materials such as product ideas or original artwork.
If a pricing error were to occur there was no attempt to unlawfully harm any customer. If an error is made we will try to correct it as quickly as possible. According to common law advertising when an order is requested online it is not a binding agreement according to the court system. It is never our intent to advertise with incorrect pricing, unfortunately mistakes can and do happen. Until an order is shipped a contract has not been entered into. If a pricing error occurred and Malvasio Designs™ did not correct the error prior to the order shipping then the Malvasio Designs™ Online Store would honor any pricing error.
Data about the activity of visitors to this site is automatically provided to Malvasio Designs™ Online Store when you sign on. It is used by us for internal review in aggregate and non-personally-identifiable form. E-mail addresses and other personally identifying data about you is known to Malvasio Designs™ Online Store only when voluntarily submitted or posted to us.
In addition, we sometimes use E-mail addresses and other personally identifying information to contact visitors who communicate with Malvasio Designs™ Online Store. We also use the shipping addresses of our customers to send them our catalogs which we feel will be of interest to them. If at any point you no longer wish to receive communications from Malvasio Designs™ Online Store, please forward such request to us at: info@malvasio- designs.com
TERMS AND CONDITIONS OF USE: USER GENERATED CONTENT
User Generated Content Generally
By posting, distributing, sending, displaying or otherwise submitting any comment, message (including, without limitation, by email or text message), feedback, review, question, idea, suggestion, data, information, text, music, sound, photos, graphics or other content to or through the Site (the “User Generated Content”), you: (A) grant, and represent and warrant that you have the right to grant, to Malvasio Designs™ an exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world for any purpose including, without limitation, use in any promotion, advertising or media, whether now known or hereafter devised; (B) grant Malvasio Designs™ and its affiliates, transferees and sublicensees the right to use the name that you submit in connection with such User Generated Content in all media in which the User Generated Content can be used in accordance with these Terms and Conditions; (C) represent and warrant that (i) you solely own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site upon the terms described herein; (ii) such User Generated Content is accurate and not misleading; and (iii) the
submission, use and posting or other transmission of such User Generated Content does not violate these Terms and Conditions and will not violate any rights of, or cause injury to, any person or entity, including, but not limited to, any third party right of copyright, trademark, service mark, privacy, publicity or other intellectual property or personal or proprietary right; and (D) agree that Malvasio Designs™ is under no obligation to offer you any payment for the use of the User Generated Content or to attribute authorship of User Generated Content to you. You further grant Malvasio Designs™ the right to pursue at law any person or entity that violates your or Malvasio Designs™ rights in the User Generated Content by a breach of these Terms and Conditions. User Generated Content you submit to or through the Site is deemed non-confidential and non-proprietary information, and Malvasio Designs™ is under no obligation to treat such User Generated Content as your confidential or proprietary information. Without limiting the foregoing, Malvasio Designs™ reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, by submitting User Generate Content, you agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion or exploitation of the User Generated Content by Malvasio Designs™ or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Helzberg Diamonds from any claims that you could otherwise assert against Malvasio Designs™ by virtue of any moral rights. Further, you hereby release Malvasio Designs™ and its affiliates, successors and assigns and waive any claims, demands, damages, losses, liabilities and causes of action against Malvasio Designs™ or its affiliates, successors or assigns for defamation, libel, invasion of privacy, publicity, personality, or exploitation of your name.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain forums, such as blogs, bulletin boards or other interactive areas, in which you or third parties may post content, messages, materials or other User Generated Content on the Site (the “Interactive Areas”). To the extent Malvasio Designs™ provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use
them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload,
transmit, distribute, store, create or otherwise publish any of the following: • Material that is sexually explicit, violent, derogatory, unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Material that promotes illegal drug use, tobacco or firearms use;
• Material that constitutes, encourages or provides instructions for a criminal
offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
• Material that may infringe any patent, trademark, service mark, trade secret, copyright or other intellectual or proprietary right of any party;
• Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation or association with or endorsement by a person or entity;
• Unsolicited advertising or links to other commercial sites;
• Names, addresses, telephone numbers, email addresses, Social Security
numbers, credit card numbers or other personally identifiable
information of you or someone else;
• Viruses, corrupted data or other harmful, disruptive or destructive files; • Material that is unrelated to the topic of the Interactive Area(s) in which
such material is posted;
• Material that communicates messages inconsistent with the positive good
will of Malvasio Designs™; or
• Material that, in the sole judgment of Malvasio Designs™, is objectionable
or potentially exposes Malvasio Designs™ or its users to any harm or disparagement.
Malvasio Designs™ takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Malvasio Designs™ liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Malvasio Designs™ is not liable for any statements, representations or User Generated Content provided by its users on the Site. Although Malvasio Designs™ has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through the Site (including any Interactive Area) or to respond to any comment posted on the Site, Malvasio Designs™ reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
Violations and Indemnity
Any use of the Site, including the Interactive Areas, in violation of these Terms and Conditions may result in termination or suspension of your permission to use the Site. Further, by submitting User Generated Content, you agree to indemnify Malvasio Designs™ and its affiliates and their respective officers, directors, employees, agents, vendors, distributors and other representatives from and against any and all third party claims, demands, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) resulting from your breach of any representation, warranty, covenant or provisions contained in these Terms and Conditions.
These Terms and Conditions may be amended by Malvasio Designs™ at any time and such changes shall be immediately effective upon posting the same to the Site. These Terms and Conditions shall be construed under and in accordance with the laws of the State of Florida, without regard to the choice of law provisions thereof. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. All provisions of this Agreement shall survive in perpetuity.