TERMS AND CONDITION
This website ("the Site") is owned and operated by Gallery Atlantic Inc. ("GA"). The use of the Site, and any orders placed using the Site, are governed by the terms and conditions set forth below. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. The terms "you" and "your" refer to anyone accessing, viewing, browsing, visiting, using or ordering items through the Site. The terms "Gallery Atlantic," "we", "us", and "our" refer to Gallery Atlantic Inc., and its affiliates, divisions, subsidiaries and related entities. Zelig Diamond Co. is a division of Gallery Atlantic, Inc.
By accessing, using, or downloading material from the Site, and by ordering items from the Site, you agree to follow and be bound by these terms and conditions. All orders placed through the Site will be governed by these terms and conditions. If you violate any of these Terms and Conditions we reserve the right to cancel your access to the Site, to ban you from accessing, viewing, browsing and using the Site, and to cancel any orders that you may have placed through the Site.
We reserve the right to amend these Terms and Conditions from time to time. As such, you should check these Terms and Conditions periodically.
SITE ACCESS AND USAGE
Access and Usage
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, infringing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of GA, its associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or material that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any third party. GA, in its sole discretion, may block, edit or remove blog submissions. Notwithstanding the foregoing, neither GA nor its associates can ensure prompt removal of questionable content after online posting. Accordingly, neither GA, nor its associates assume any liability for any action or inaction with respect to conduct, communication, or content on the Site.
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on your State of residency). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on your State residency). By placing an order through the Site, you warrant and represent that you are over eighteen years of age or otherwise legally able to enter into a binding contract, and that you have agreed to become legally obligated to make the purchase. Any purchases made that fail to satisfy one of these conditions shall be considered to have been obtained under fraudulent pretenses.
We reserve the right to terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of GA or other users. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
The material, information, data, software, text, graphics, photographs, logos, icons, images, design and other material, including the selection and arrangement thereof, (the "Content") are the intellectual property of GA and are protected by, and as, copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights. All Content is copyrighted, including as a collective work under the U.S. and foreign copyright laws, and we own all applicable rights arising from, and in, the selection, coordination, arrangement and presentation of the Sites and its Content.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on 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 adaptations of the Site or its Content; any downloading or copying of account information for the benefit of any other person; and any use or application of data mining, screen-scraping, robots, or similar data gathering and extraction tools. No portion of the Site and none of the Content may be reproduced, duplicated, copied, sold, resold, utilized, modified, published, uploaded, downloaded, printed, displayed, posted, transmitted, or distributed or otherwise exploited for any commercial purpose without our express, prior written consent. Provided, however, that you may download and print portions of the Site in connection with your personal use of our Site, or your purchase, or potential purchase, of products on the Site. You may not use our name or trademarks without our express, prior written consent. Any unauthorized use of the Site or its Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
We respect the intellectual property of others, and we ask you to do the same. If you believe that any material on our Site has been copied in a way that constitutes copyright infringement of your work, please provide our Copyright Agent the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on the Site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent as follows:
By Fax: +1 (561) 634-2795 or email to care [at] galleryatlantic.com
The Site may contain links to other sites on the Internet that are owned and operated by third parties. GA does not accept responsibility for the operation, acts or omissions of, or content located on or through, any such site; and does not endorse the persons or companies operating such sites. GA encourages you to exercise discretion while browsing the Internet using the Site. The Site may direct you to sites containing information that some people may find offensive or inappropriate. GA makes no representations concerning any content of sites accessed through the Site, and GA and its licensors shall not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained on other websites accessed through the Site.
Gallery Atlantic will not knowingly sell conflict diamonds. We support the Kimberley Process Certification Scheme to help eliminate the sale of conflict diamonds. We purchase the diamonds that we offer for sale, and participate only with vendors who purchase diamonds, from respected suppliers and legitimate sources not involved in funding conflict and who are represented to be in compliance with such procedures. We certify that, to the best of our knowledge and ability, based on representations provided by the suppliers of our diamonds, any diamonds offered for sale on the Site are conflict-free.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO PRODUCTS SOLD
All of the products sold on the Site or by or on behalf of Gallery Atlantic are guaranteed against defects in materials and workmanship for 14 days from the date of receipt by you.
EXCEPT AS EXPRESSLY STATED HEREIN, GALLERY ATLANTIC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OR THROUGH THE SITE. EXCEPT AS EXPRESSLY STATED HEREIN, GALLERY ATLANTIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO GALLERY ATLANTIC ARISING FROM ANY PRODUCT SOLD ON OR THROUGH THE SITE SHALL BE TO REFUND PURCHASE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL GALLERY ATLANTIC, ITS AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
DISCLAIMER AND LIMITATION OF LIABILITY AS TO THE GALLERY ATLANTIC WEB SITE
THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. GA MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SITE IS AT YOUR SOLE RISK. THE INFORMATION AND PRODUCTS CONTAINED OR REFERRED TO ON THE SITE MAY BE OUT-OF-DATE OR INCLUDE OMISSIONS, INACCURACIES, OR OTHER ERRORS. GA MAKES NO WARRANTY AS TO THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE SITE CONTENT, THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE OR THAT SITE CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. GALLERY ATLANTIC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS OPERATION, CONTENTS, INFORMATION, AND MATERIALS. GA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL GALLERY ATLANTIC, ITS AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES (THE "GA PARTIES") BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SITE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GA OR ITS ASSOCIATES SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL ANY OF THE GA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GA OR THE SITE OR GA'S RECORDS, PROGRAMS OR SERVICES. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ACTIONS AT LAW OR EQUITY, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, AND TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
All matters relating to your access to, use of, or orders placed through the Site shall be governed by the laws of the State of Florida. All proceedings shall take place in the State of Florida.
CHANGES TO THE TERMS AND CONDITIONS
We reserve the right at any time and from time to time, without any prior notice whatsoever: (i) to change the terms and conditions of these Terms and Conditions, (ii) to change the Site, including discontinuing any product, item, content, feature or service of the Site; and (iii) to impose fees, charges or any other conditions for use of the Site or portions thereof. The latest Terms and Conditions will be posted on the Site, and you should review the Site frequently to see any recent changes. By using the Site you are agreeing to comply with and be bound by the Terms and Conditions as modified.