Terms and Conditions
TERMS AND CONDITIONS OF USE
Vinca Major 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.
SITE MATERIAL USAGE
Material from Vinca Major’s 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 Vinca Major 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 Vinca Major, 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.
MATERIALS AND DATA SUBMITED
Vinca Major 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 Vinca Major automatically becomes the property of Vinca Major 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 Vinca Major or affiliates desire, including use in any promotion, advertising or media whether now known or hereafter devised. When you submit material to the Vinca Major site, you agree that Vinca Major 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.
Diamond carat weights (CT.) represent the approximate total weight (T.W.) of all diamonds in each setting unless noted. Diamond solitaire weights may vary between .01 and .01 carat. Diamond total weights may vary between .01 and .1 carat.
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 Vinca Major did not correct the error prior to the order shipping then the Vinca Major would honor any pricing error.
Data about the activity of visitors to this site is automatically provided to Vinca Major 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 Vinca Major 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 Vinca Major. 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 Vinca Major, please contact us.
When ordering merchandise from Vinca Major as a gift for a loved one, we may invite you to add a personal message for inclusion with the gift. However, in order to protect the Trademarks, Vinca Major reserves the right and sole discretion to omit, edit and/or modify any and all content it deems inappropriate. Further, although Vinca Major 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.
TERMS AND CONDITIONS OF USE: USER-GENERATED CONTENT
GENERAL USER-GENERATED CONTENT
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 Vinca Major 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 Vinca Major 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 Vinca Major 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 Vinca Major the right to pursue at law any person or entity that violates your or Vinca Major’s 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 Vinca Major is under no obligation to treat such User-Generated Content as your confidential or proprietary information. Without limiting the foregoing, Vinca Major 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 Generated 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 Vinca Major 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 Vinca Major from any claims that you could otherwise assert against Vinca Major by virtue of any moral rights. Further, you hereby release Vinca Major and its affiliates, successors and assigns and waive any claims, demands, damages, losses, liabilities and causes of action against Vinca Major or its affiliates, successors or assigns for defamation, libel, invasion of privacy, publicity, personality or exploitation of your name.
VIOLATIONS AND INDEMNITY
Any use of the Site, 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 Vinca Major 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 Vinca Major 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 Missouri, 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.