Welcome to MissDiamondRing.com and MissEngagementRing.com (the “Website”). The Website is owned and operated by Michelle Rielly, Miss Diamond Ring and Miss Engagement Ring and its subsidiaries and affiliates (collectively referred to herein as “Miss Diamond Ring and Miss Engagement Ring,” “we,” “us” and “our”).
By using the Website you also represent that you are at least 13 years old. Miss Diamond Ring and Miss Engagement Ring does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt of data, materials and information available at or through the Website.
4. RESTRICTIONS ON USE OF MATERIALS
Trademarks. Miss Diamond Ring and Miss Engagement Ring and other trademarks, service marks, trade names, and trade dress indicated on our Website are trademarks or registered trademarks of Miss Diamond Ring and Miss Engagement Ring and its affiliates. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark owned or controlled by Miss Diamond Ring and Miss Engagement Ring or any third party.
Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Website are the copyrighted property of Miss Diamond Ring and Miss Engagement Ring or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from republishing, transmitting or retransmitting, copying, reproducing, modifying, distributing, displaying, performing, or any other use of any of the contents of the Website for any purposes including but not limited to use of the material as a stand-alone file. Nothing stated or implied on the Website confers on you any license or right under any copyright of Miss Diamond Ring and Miss Engagement Ring or any third party.
The Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Website, or use the contents of the Website in litigation, or for any commercial or promotional purposes, without the express written consent of Miss Diamond Ring and Miss Engagement Ring or its lawful successors and assigns.
5. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please provide us with the following information:
(1) Identification of the copyrighted work claimed to have been infringed;
(2) Identification of the allegedly infringing material on the Website that is requested to be removed;
(3) Your name, address, and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
(4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
(5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(6) An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
You do not have to register to view the Website. You can visit the Website, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an account in order to access the full features of the Website, including but not limited to the ability to purchase products through the Website. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Miss Diamond Ring and Miss Engagement Ring immediately of any breach of security or unauthorized use of your account. Miss Diamond Ring and Miss Engagement Ring will not be liable for any losses caused by any unauthorized use of your account. Miss Diamond Ring and Miss Engagement Ring reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time.
7. COMMENTS AND UNSOLICITED SUBMISSIONS
We welcome your comments and feedback about the Website and our products. In addition, in some places the Website enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) posted to the Website or sent to us, whether through the Website, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of Miss Diamond Ring and Miss Engagement Ring. Your submission of any such Comments shall constitute an irrevocable assignment to Miss Diamond Ring and Miss Engagement Ring of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Miss Diamond Ring and Miss Engagement Ring (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials (“Unsolicited Submissions”).
If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant Miss Diamond Ring and Miss Engagement Ring (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”). You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You agree that any Unsolicited Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
The terms of the Submissions License shall govern our right to use all Unsolicited Submissions. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Unsolicited Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Unsolicited Submissions submitted by you to us.
8. LICENSE AND WEBSITE ACCESS
Miss Diamond Ring and Miss Engagement Ring grants you a limited, revocable and nonexclusive license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Miss Diamond Ring and Miss Engagement Ring. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Miss Diamond Ring and Miss Engagement Ring. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Miss Diamond Ring and Miss Engagement Ring and its affiliates, licensors or licensees without express written consent of Miss Diamond Ring and Miss Engagement Ring. You may not use meta tags or any other hidden text using Miss Diamond Ring and Miss Engagement Ring’s name or trademarks without the express written consent of Miss Diamond Ring and Miss Engagement Ring. Any unauthorized use will immediately terminate the permission or license granted by Miss Diamond Ring and Miss Engagement Ring.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Miss Diamond Ring and Miss Engagement Ring so long as the link does not portray Miss Diamond Ring and Miss Engagement Ring or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Miss Diamond Ring and Miss Engagement Ring in its sole discretion. You may not use any Miss Diamond Ring and Miss Engagement Ring logo or other proprietary graphic or trademark as part of the link without express written permission of Miss Diamond Ring and Miss Engagement Ring. You may not make any other part of the Website, other than the home page of the Website, available as part of another service by “deep linking,” or otherwise, without prior written permission from Miss Diamond Ring and Miss Engagement Ring.
9. THIRD-PARTY AND CO-BRANDED WEBSITES
The Website may contain hyperlinks (“links”) to websites operated by persons or entities other than Miss Diamond Ring and Miss Engagement Ring (“third-party Websites”) or to co-branded websites operated by a third party, including Miss Diamond Ring and Miss Engagement Ring’s affiliates and licensees (“co-branded Websites”). We provide such links for your reference and convenience only. A link from the Website to a third-party or co-branded Website does not mean or imply that Miss Diamond Ring and Miss Engagement Ring endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. Miss Diamond Ring and Miss Engagement Ring explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. Miss Diamond Ring and Miss Engagement Ring does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. Miss Diamond Ring and Miss Engagement Ring does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably waive any claim against Miss Diamond Ring and Miss Engagement Ring with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which you might link from our Website. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.
MISS DIAMOND RING AND MISS ENGAGEMENT RING IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
10. YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Miss Diamond Ring and Miss Engagement Ring. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Website or any co-branded Website must be accurate, complete, and current.
By using the Website, you agree not to violate or attempt to violate the security of the Website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Website; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
11. TERMINATION OR RESTRICTION
Miss Diamond Ring and Miss Engagement Ring may terminate or restrict your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Website at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.
12. RISK OF LOSS
All products, if any available, purchased from the Website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Miss Diamond Ring and Miss Engagement Ring. Title to products purchased on the Website, as well as the risk of loss for such products, passes to you when Miss Diamond Ring and Miss Engagement Ring delivers these items to the carrier.
13. PRODUCT INFORMATION
Miss Diamond Ring and Miss Engagement Ring attempts to be accurate in describing its products and services on the Website. We do not warrant that product and service descriptions or other content of this or any other Website are complete, reliable, current, or error-free.
We have made every effort to display as accurately as possible the styles, materials, sizes, quality grades, carat, cut, color, clarity of our products that appear on the Website. However, as the actual details you see depend on your computer monitor and other factors beyond our control, we cannot guarantee that your computer’s display of any color on the Website will be accurate.
14. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE WEBSITE IS PROVIDED BY MISS DIAMOND RING AND MISS ENGAGEMENT RING ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISS DIAMOND RING AND MISS ENGAGEMENT RING MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISS DIAMOND RING AND MISS ENGAGEMENT RING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL MISS DIAMOND RING AND MISS ENGAGEMENT RING, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO MISS DIAMOND RING AND MISS ENGAGEMENT RING THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. APPLICABLE LAW AND DISPUTES
This Agreement, your rights and obligations, Miss Diamond Ring and Miss Engagement Ring’s rights and obligations, and all actions contemplated by this Agreement, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Los Angeles County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this Agreement shall be conducted under the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You hereby agree to indemnify, defend, and hold Miss Diamond Ring and Miss Engagement Ring, its licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with Miss Diamond Ring and Miss Engagement Ring in the defense of any claim. Miss Diamond Ring and Miss Engagement Ring reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
17. MISCELLANEOUS LEGAL PROVISIONS
Miss Diamond Ring and Miss Engagement Ring may discontinue this Website at any time and for any reason, without notice. Miss Diamond Ring and Miss Engagement Ring may change the contents, operation, or any and all other features of this Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Miss Diamond Ring and Miss Engagement Ring as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Miss Diamond Ring and Miss Engagement Ring’s failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the Website and its contents, and supersedes any prior or contemporaneous communications between you and Miss Diamond Ring and Miss Engagement Ring regarding the Website and its contents.
All rights not expressly granted herein are hereby reserved to Miss Diamond Ring and Miss Engagement Ring.
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
You can use www.MissDiamondRing.com and www.MissEngagementRing.com (the “Website”) without having an account. You can visit the Website, read articles and other materials, browse merchandise, and check on offerings without giving us any personally identifiable information. You can also contact us about a particular video, picture, audio file or other posting without having an account. Certain other activities on the Website, such as posting comments or product reviews and signing up to receive e-mail updates from us and our affiliates and partners, do not require you to register for an account, but may require that you provide certain personal information such as your name and/or e-mail address. Still other activities, including purchasing products through the Website, require you to register for a user account. To register, you must create a user account once that function is set up on the Website, which requires you to provide your e-mail address and select a password. The password you select is used to protect your account from unauthorized access.
Whether or not you register, in order to provide users and subscribers with the most efficient and enhanced personalized service and attention, we may request information about you in certain circumstances and collect certain information automatically. We also use contact lists and other information which are obtained from third-parties. For the convenience of all of our customers and to better serve you, we create and maintain a customer account that includes all the collected personal information we may have with respect to an individual. You can update or correct your contact information or change your preferences about receiving offers and information from us at any time, including changing your preferences about sharing information with third-parties.
Information You Volunteer
We collect personally identifiable information that you volunteer to us (such as your name, mailing address, e-mail address, phone number, age, gender, hobbies, family information and/or similar demographic information), when you subscribe to, or create an account with, the Website, place an order through the Website (see the section below for more information on subscriptions, account management and orders), enter a contest or sweepstakes through the Website, request a catalog or voluntarily register on the Website. Often this additional information is optional or requested anonymously in connection with a survey. Website visitors may register to receive our e-mail updates, participate in surveys, or enter online contests and sweepstakes. Registration may also be required to purchase products through the Website and participate in certain other features made available on our Website. Sometimes registration can be accomplished by submitting only an e-mail address and password. Other offerings may require the submission of additional information. Registration forms will indicate what information is required and what information (if any) is optional.
Information Collected Automatically
We conduct market research so that we can continually improve our brands and our Website and may purchase or rent lists of potential subscribers or customers from third-parties. Those lists may include information on current subscribers or customers. This information may be included in our database in order to help us serve you better by, for example, minimizing multiple mailings and e-mailings and providing information tailored to your interests.
Publicly available information
The name you provide (not your e-mail address) is displayed to other users when you post a comment or product review via our Website. Remember that any comments, product reviews or other information you post is publicly available. Any comments, product reviews or other information that you post or submit to the Website may be redistributed through the Internet and other media channels, and may be viewed by the general public.
WHAT DO WE DO WITH COLLECTED INFORMATION?
We use information you provide to fulfill your requests and improve our Website, products and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and offers that are most relevant to our users and subscribers and to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports.
To serve you better, we may also combine information you give us online or through our future catalogs and future websites. We may also combine that information with publicly available information and information which we receive from our Choice Partners or other third-parties. We use the total mix of information to enhance and personalize your shopping experience with us, communicate with you about our products and events that may be of interest to you, and for other promotional purposes as we determine from time to time.
A user may, at any time, opt out of receiving such information by going to the unsubscribe page and following the instructions on those pages. We also use collected information to evaluate and administer our products and services, fulfill customer requests, announce sweepstakes/contest winners, respond to any future problems, such as difficulties in navigating the Website or accessing certain features, and to gauge user trends to determine what products and services are most popular with users.
We allow users of the Website to send products, articles, videos, pictures or links by e-mail to other parties who may be interested in them. We do not retain any e-mail addresses (unless you are a member who has already voluntarily provided your e-mail address) of either the sender or recipient of such articles or links after they are sent, and we do not share “send a friend” e-mail addresses with third-parties. We also allow users of the Website to share products, articles, videos, pictures or links through certain third-party websites. We provide such links for your reference and convenience only. A link from the Website to a third-party Website does not mean or imply that Miss Diamond Ring and Miss Engagement Ring endorses the content on that third-party Website or the operator or operations of that third-party Website.
Of course, we use personal information to allow you to subscribe online or to make product purchases on our Website. We and the Customer Service Representatives, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.
HOW DO WE SHARE PERSONAL INFORMATION?
Personal information is available to Miss Diamond Ring and Miss Engagement Ring and the Customer Service Representatives, partners and consultants who make our Website, products and services available to you. Anonymous information is available to our advertisers, sponsors and promotional and business partners. We share your personal information with third-parties only as described below.
Miss Diamond Ring and Miss Engagement Ring and Its Agents
Miss Diamond Ring and Miss Engagement Ring may access anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of sweepstakes winners, new websites, services or products we offer and any other orders. To facilitate subscriptions, catalog requests and orders, Miss Diamond Ring and Miss Engagement Ring will cache your order information, and create an authorization with a merchant account (e.g., your credit card company). Website hosting firms, technical and database consultants, advertising agencies, order processing partners, customer service partners and fulfillment firms, including firms assisting us in offering contests, sweepstakes and promotions, may have access to personally identifiable information in the course of making our products and services available. All companies working for and with Miss Diamond Ring and Miss Engagement Ring must comply with our privacy policies, and are not permitted to sell your information to third-parties or to use it except as authorized by us and you, or as permitted or required by law.
We may offer opportunities to make purchases online from special participating vendors. If we do so, we will also give participating manufacturers, retailers, wholesalers or distributors the order information and authorization for the merchant bank. Any time you order from a participating vendor, that vendor will automatically have all the information related to the order. Participating vendors have their own privacy policies, and they may use that information to advise you directly of other products and offerings that they provide. Miss Diamond Ring and Miss Engagement Ring is not responsible for these third-parties’ respective privacy policies, and we urge you to inquire about their information collection and use practices. In addition, all vendors will receive the same anonymous, aggregate data that our advertisers receive.
Credit Card Companies
As in any transaction, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. Miss Diamond Ring and Miss Engagement Ring will not otherwise provide any personal data to your credit card company without your permission.
Advertisers, Sponsors and Promotional and Business Partners
We share anonymous, aggregate demographic information (such as gender, age, income, hobbies, interests, etc.), and anonymous information obtained from cookies and similar technologies, with our advertisers, sponsors, promotional and business partners, and participating vendors. No personally identifiable information is disclosed to any of these third-parties in providing these reports. Credit card numbers, bank account numbers and passwords are not shared with advertisers, sponsors or promotional partners, and are only shared with the specific vendors with whom you place an online order.
Information which we obtain in non-Internet transactions or sweepstakes is handled differently. We may share offline contact information with third-parties, who may send you offers or information about their products or services. You must opt out if you do not wish to receive information from third-parties or us by mail.
Your e-mail address is not shared with third-parties unless you agree to receive information, by opting in, from third-parties. In other words, we may extend e-mail offers to users or subscribers on behalf of our business partners about a particular product or service that may be of interest to you, but only if you have indicated that you would like to receive these offers. If you wish to receive such offers, we will not share or disclose your name or e-mail address to those business partners, but will send you the information or offers on their behalf. As a result, although Miss Diamond Ring and Miss Engagement Ring may receive a fee from our business partners for this service, Miss Diamond Ring and Miss Engagement Ring sends the offers so that your personal information is never shared with any outside third-party. Of course, you may opt out of receiving these offers at any time.
Sometimes we will give you the opportunity to opt in to receive e-mail offers from third-parties not affiliated with Miss Diamond Ring and Miss Engagement Ring. If you decide to accept these offers, we will provide, with your consent, your contact information to the third-party. On our Website, visitors will also have opportunities to sign up directly with certain advertisers and sponsors to enter contests or sweepstakes or to receive e-mail updates and other information directly from them. Third-party vendors and advertisers will also use technical and other consultants. We urge visitors to review carefully the privacy policies of these firms. Miss Diamond Ring and Miss Engagement Ring is not responsible for the privacy policies and procedures of any third-party.
You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community area (whether through the Website or any other service available online), that information can be collected and used by others. For example, if you use chat, forums, bulletin boards, blogs or message boards, or if you post personal information online (such as your e-mail address), you may receive unsolicited messages from others. Miss Diamond Ring and Miss Engagement Ring has no control over this use of your personal information.
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
HOW DO WE USE WEB BEACONS?
Some pages on the Website may contain electronic images known as web beacons, which are also called “single-pixel gifs.” These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include web beacons in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web beacons are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our Website usage. Web beacons collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the web beacon resides. Some of our web pages may also contain web beacons placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.
WHAT ABOUT THIRD-PARTY ADVERTISERS?
Some of the third-party content displayed in our Website is provided by outside companies. This content may contain cookies and may also contain web beacons. Unlike cookies and web beacons used by Miss Diamond Ring and Miss Engagement Ring in content we control on our Website, we do not have access to information collected from cookies or web beacons received in connection with third-party content. While we use third-parties which we believe are reputable to serve some or all of the content placed within our Website, third-parties may use information (not including personally identifiable information) about your visits to our Website to assist in serving their third-party content to you. They may also share anonymous information with their clients such as date/time of the content shown, the specific content shown, the IP address and other similar information.
HOW CAN YOU CONTROL YOUR PERSONAL INFORMATION?
We believe that choice in how and when you are contacted is key to customer satisfaction. Therefore, we offer several ways for you to update your contact information and/or change your preferences.
1. If you have a user account at our Website, you may be able to log on and update or change your contact or account information.
2. You may unsubscribe to any of our e-mail updates by following the unsubscribe instructions in the body of any e-mail message.
3. You may contact us by telephone and update your contact information or ask that we not share your personal contact information with third-parties. In those instances, we will retain your information in a “do not promote” file in our database.
4. You may also contact us via email at email@example.com.
We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third-parties to whom your information was previously disclosed pursuant to their respective privacy policies.
SECURITY OF YOUR PERSONAL INFORMATION
Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those Miss Diamond Ring and Miss Engagement Ring employees with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any personal information you post in comments, product reviews or elsewhere on the Website is available to anyone.
CHANGES IN CORPORATE STRUCTURE
VISITORS AND SUBSCRIBERS OUTSIDE THE UNITED STATES
Our Website and the servers that make the Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Website. Any information you provide in subscribing to our Website or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing and use.