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Terms of Use

 

Last Updated: August 9, 2014

Welcome to Magori website, magorijewelers.com (the “Site”) owned and operated by Iris Pearls LLC and its affiliates (“Magori”, “Iris Pearls”, “we” or “us”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Magori reserves the right to make changes to the Site and to these Terms from time to time. 

Privacy Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Site. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to Magori. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Magori does, however, reserve the right at all times to disclose any information as Magori deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes

Magori reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Site in our sole discretion. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Site. When we make any changes to these Terms, we will post it here, along with the "Last Updated" date.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned and used by Iris Pearls, including but not limited to, Magori, the Magori design logo and the tag line "Radiant Memories" (collectively, the "Magori Marks"). Any use of the Magori Marks without the prior written permission of Magori is strictly prohibited.

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, videos, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is Magori's property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

User Content

The Site permits the submission of content, such as comments, testimonials, and product reviews, generated by you and others users ("User Content"). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Site is non-confidential and non-proprietary. By submitting User Content, you represent and warrant to Magori that: (a) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation; (b) you own or have the legal right to use and authorize Magori to use your User Content; and (c) your User Content does not violate Magori's Acceptable Use Policy set forth below.

Magori will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Magori and its affiliates, and sublicensees the right to use the name that you submit in connection with such User Content.

Magori has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Site if Magori determines, in its sole discretion, that such User Content or user violates or has violated these Terms of Use.Magori takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

Acceptable Use Policy

By submitting User Content and otherwise using the Site, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Magori all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Site to harm any person or entity, including Magori; (iv) impersonate any person or entity, including but not limited to, a representative of Magori, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Site without their consent; (x) use the Site (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Site in any manner that could overburden or impair any of the Site or the networks or systems connected to the Site; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You also agree that you will not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. Magori reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Magori reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Magori reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Your account may also be restricted or terminated for any reason, at Magori's sole discretion.

Third Party Content

The Site may contain links to third-party websites ("Other Sites") that are not under Magori's control. Magori makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Site or link to the Site. Magori provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Magori of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party Sites.

Communications with Magori

For all communications made to or with Magori, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Magori will have no obligation to protect your communications from disclosure; (ii) Magori will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Magori will be free to use any ideas, concepts, content or techniques contained in your communications for any purpose, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Indemnity

You agree to indemnify and hold Magori and its agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Site, including any User Content you submit, post to or transmit through the Site, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MAGORI, THE SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "PRODUCTS AND SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAGORI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN OUR SITE. MAGORI DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MAGORI DOES NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL MAGORI OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MAGORI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

If Magori is found to be liable, our liability to you or to any third party is limited to the amount in dispute not to exceed the total amount which you paid to us for the individual item in dispute.

Termination

Notwithstanding any of these Terms of Use, Magori reserves the right, without notice and in its sole discretion, to terminate your access or account, and your use of this site, and to block or prevent your future access to and use of the Site.

Jurisdictional Issues

These Terms and Conditions of Use and your use of this site will be governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and to be entirely performed within the State of North Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions of Use shall be filed only in the state and federal courts located in Mecklenburg County, North Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of this site, any purchase from this site, or these Terms and Conditions of Use.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.

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