The scope of terms and conditions
These Terms and Conditions apply to your use of our website www.TheJewelryMagazine.com, as well as any of its sub-domains and related domains. Unless stated otherwise, all references to the Websites in these Terms and Conditions including this website. Terms and Conditions mentioned here do not apply to your use of unaffiliated sites to which the Site only links.
Restrictions on use
The contents of this site are protected by copyright and trademark laws, and are the property of their respective owners. Unless we mention here otherwise, you may access the materials located within the Site only for your personal use. This means that you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change not delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights for or in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property that may you publish, display or commercially exploit any material from the website.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
1. You agree not to do any of the following while using the site
- Harass, threaten, stalk or otherwise abuse another user;
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libellous, disparaging (including disparaging of the website), vulgar, obscene, pornographic or that promotes violence, racism, racial hatred, terrorism or any illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
- Transmit or otherwise make available any content that is unlawful or infringes, violates or mis-appropriates any patent, trademark, trade identity rights, trade secrets, publicity rights, privacy rights, copyright or any other intellectual property or any other rights of any third party;
- Upload or transmit files harmful to website/system, viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s un-interrupted use and enjoyment of the website.
- Impersonate any person and/or entity, or otherwise disguise the origin of any content transmitted through the website or directly to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- Transmit and/or otherwise make available through the website any personal advertising, junk mail, spams, chain letters, pyramid schemes or offer of any products for sale or services, except in areas specifically designated for such purposes; or
- Violation of any applicable local, state, federal or international law, rules or regulations.
a) Links
These Terms and Conditions apply only to this website only, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other websites to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other websites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Website. To seek our permission, you may send an email to support[@]TheJewelryMagazine[.]com. We reserve the rights, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link on this Site, at our discretion at any time.
The services, products and materials on or from this site are provided “as is” and without warranties of any kind, either express or implied. we disclaim all warranties to the maximum extent of the law, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither we not any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. you (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. to the extent any warranty cannot be disclaimed, a limited explict warranty is given by us to the exclusion of any other remedy to, in our discretion, either a) replace the services, products and materials with such services, products and materials that do not breach a warranty if such breach is identified to us within 30 days of purchase or b) refund of the monies paid for the particular services, products and materials.
We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
b) Limitation of liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the site, or any products or services provided pursuant to the site, even if advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability for incidental, consequential or other damages, so the above limitation or exclusion may not apply to you. in no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the site.
c) Copyright
All content published/included on this Site, such as text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of TJM Media Pvt. Ltd. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the TJM Media Pvt. Ltd. and protected by U.S. and international copyright laws.
d) Trademarks
The company’s name and other company logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of TJM Media Pvt. Ltd. or its affiliates in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TJM Media Pvt. Ltd. All other trademarks not owned by TJM Media Pvt. Ltd. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TJM Media Pvt. Ltd. or its affiliates.
2. User public forum submission/participation policy and terms
a) General
As a service to our users, this Site may feature message boards, blog forums, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups (including, without limitation, Usenet and other third party news groups), communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the respective Forum and/or the person posting in that Forum. TJM Media Pvt. Ltd. has no responsibility for such content and is merely providing access to such content as a service to you.
By their very nature, forums may carry offensive, misleading, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. we expect that you will use caution and common sense and exercise proper judgment when using discussion forums on our website.
b) Your participation/contribution requires consideration
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not be a private, secure service. You should think carefully before disclosing any of your information like your name, email, address in any Forum. What you have written may be seen, disclosed to or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications and/or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular forum).
c) Confidential Obligations
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party including us or any third party. Further, you may have entered into an agreement with TJM Media Pvt. Ltd. that requires you to maintain the confidentiality of certain materials or information of TJM Media Pvt. Ltd. It is your obligation to confirm that any post to a Forum you make, does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations, and further notes what types of information may be discussed, you may not post information which TJM Media Pvt. Ltd. has required you to preserve as confidential.
d) Grant of rights
To the extent you are the original copyright holder of any post or submission by you to a Forum and such post or submission does not contain any of the information or material of TJM Media Pvt. Ltd. or other information you are required to preserve as confidential by TJM Media Pvt. Ltd., then; i) you remain owner of such post or submission to the extent you were the owner; ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted TJM Media Pvt. Ltd., a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; and iii) you agree and warrant that TJM Media Pvt. Ltd. may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
e) No obligation to monitor
TJM Media Pvt. Ltd. does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, We reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or legal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in our sole discretion.
f) No obligation to remove
TJM Media Pvt. Ltd. is not obligated to remove any content from the site which does not violate any civil or criminal laws and any contributions intended for display on this web site via any means, whether submitted via HTTP/HTTPS (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that TJM Media Pvt. Ltd. shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with us with differing terms or TJM Media Pvt. Ltd. has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
g) No endorsement
TJM Media Pvt. Ltd. does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
h) Company’s right to act
If our company discovers communications which allegedly do not conform to any terms and conditions of this Site, we may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. TJM Media Pvt. Ltd. will have no liability or responsibility for performance or non-performance of such activities. We reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which TJM Media Pvt. Ltd. has absolutely no control.
i) Governing law and jurisdiction
Any dispute arising out of or related to Terms and Conditions mentioned here between TJM Media Pvt. Ltd. and yourself shall be governed by the laws of India and are subject to Jaipur Court Jurisdiction. Finally, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against TJM Media Pvt. Ltd. that is more than one year after the date of the applicable invoice.
j) Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable laws of India.
