Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site are
subject to the following terms and conditions and other applicable law.
If you do not agree to these terms and conditions, please do not use
this site.
Copyright
The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Mark Silverstein Imagines, LLC. The collective work includes works that are
licensed to Mark Silverstein Imagines, LLC. Copyright 2005, Mark Silverstein Imagines, LLC ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print
hard copy portions of this site for the sole purpose of placing an
order with Mark Silverstein Imagines, LLC or purchasing Mark Silverstein Imagines, LLC
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
Mark Silverstein Imagines, LLC or to purchase Mark Silverstein Imagines, LLC products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Mark Silverstein Imagines, LLC. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All
trademarks, service marks and trade names of Mark Silverstein Imagines, LLC used
in the site are trademarks or registered trademarks of
Mark Silverstein Imagines, LLC
Mark Silverstein Imagines, LLC Limited Lifetime Warranty
Mark Silverstein Imagines, LLC warrants to the original consumer that the purchased item is free
from defects in materials and workmanship under normal use.
This warranty excludes wear or alterations. This warranty is void if
the item has been damaged by accident, negligence, unauthorized service,
or other factors not due to defects in materials or workmanship.
Should warranty service be required, please send your item and copy of
the sales receipt and description of the problem to
Mark Silverstein Imagines, LLC. We will either
repair or replace the item at no charge. Shipping and insurance will be
billed.
No implied warranties, including the warranties of merchantability and
fitness, shall apply to our products. Under no circumstances shall Mark
Silverstein Imagines, LLC be liable for any incidental damages sustained
in
connection with this product, and any recovery may not be greater than
the purchase price for this product.
Warranty Disclaimer
Mark Silverstein Imagines, LLC
disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Mark Silverstein Imagines, LLC does not
represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that
this site or the server that makes the site available are free of
viruses or other harmful components. Mark Silverstein Imagines, LLC does not make
any warrantees or representations regarding the use of the materials in
this site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may
not apply to you.
Product Disclaimer
All pricing and availability are subject to change without notice.
Limitation of Liability
Mark Silverstein Imagines, LLC
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Mark Silverstein Imagines, LLC has
been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Return Policy
Sorry, but all our jewelry is handmade to order, therefore we do not offer any returns or exchanges.
To
insure you are getting exactly what you need and want, you can contact
us anytime to ask us the most detailed questions about every aspect of
your piece. We take your happiness very seriously and want your
experience with MSI to be enjoyed, not endured.
All we ask is to please be sure you love it before you ask us to create it for you.
However, we do have an 'oops option',
which means, if you contact us via email within 48 hours of your
purchase and want something changed, select a different item or simply
want to cancel your request, we will void your order and refund your
purchase 100%. No questions asked.
Of course we will always be
happy to size, refurbish, repair or do any minor alterations to your
purchase. Simply contact us with the requested work and we will be happy
to discuss it with you and prepare an estimate for your approval. Ring sizing is free for life!!! (you only pay for shipping).
Typographical Errors
In
the event that a Mark Silverstein Imagines, LLC product is mistakenly listed at an
incorrect price, Mark Silverstein Imagines, LLC reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Mark Silverstein Imagines, LLC reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Mark Silverstein Imagines, LLC shall issue a credit to
your credit card account in the amount of the incorrect price.
Term; Termination
These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
Mark Silverstein Imagines, LLC without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Mark Silverstein Imagines, LLC
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
Mark Silverstein Imagines, LLC.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Mark Silverstein Imagines, LLC
products) shall be in the state or federal courts located in Los Angeles
County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of
Mark Silverstein Imagines, LLC products) must be commenced within one (1) year
after the claim or cause of action arises. Mark Silverstein Imagines, LLC's failure
to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions.
Mark Silverstein Imagines, LLC may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Mark Silverstein Imagines, LLC or other licensed employee,
host, or representative, as well as other members or visitors on the
site is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other
organization.
Participation Disclaimer
Mark Silverstein Imagines, LLC
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Mark Silverstein Imagines, LLC is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Mark Silverstein Imagines, LLC reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Mark Silverstein Imagines, LLC in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Mark Silverstein Imagines, LLC, its
officers, directors, employees, agents, licensees and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In
an attempt to provide increased value to our visitors,
Mark Silverstein Imagines, LLC may link to sites operated by third parties.
However, even if the third party is affiliated with Mark Silverstein Imagines, LLC,
Mark Silverstein Imagines, LLC has no control over these linked sites, all of
which have separate privacy and data collection practices, independent
of Mark Silverstein Imagines, LLC. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless,
Mark Silverstein Imagines, LLC seeks to protect the integrity of its web site and
the links placed upon it and therefore requests any feedback on not only
its own site, but for sites it links to as well (including if a
specific link does not work).
|
