Miosogno

Privacy Policy, Terms and Conditions of Usage

IMPORTANT! These Terms and Conditions (“Terms and Conditions”) govern your (the “User” or “You”) use of the miosogno.com Web Site (the “Web Site”) provided by Miosogno (Jewelex New York, Ltd.) (“Miosogno”, the “Company” or “We”). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes.

1. PROPRIETARY INFORMATION.

User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

The material located on the site, including without, limitation, the text, graphics, and all the other audible, visual, and downloadable materials as well as the selection, organization, coordination, compilation, and overall look and feel of the site (collectively, the “content”) are the property of the Company or its licensors or designees and are protected by copyright, trademark and other intellectual property laws. All right, title and interest in and to the content are owned, licensed and/or controlled by the Company. You may download one computer copy or print one copy of the content on his site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Any other copying, redistribution, retransmission, publication, uploading or modification of any of the content is strictly prohibited without the express written consent of the Company.

2. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

Miosogno has attempted to accurately depict the products offered on this site. However, because colors and definition that you see is dependent on your computer monitor, we cannot guarantee that the color and detail you see will be accurate of the actual product. Products also may appear larger or smaller than their actual size, as some photographs have been enlarged to show detail. Miosogno makes every attempt to avoid errors in pricing and product information, but unfortunately errors can and do occur. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars. The Company makes no representations or warranties about any other web site you may access through this Web site. If there is a link to another Web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you. Unless specifically noted, this site, its content or the information available on or through it is provided on an “as is” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that the Company and its affiliates shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site.

The Company, its licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable product out of which liability arose.

You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law, Miosogno, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Miosogno makes no warranties or representations about the accuracy or completeness of this website’s content or the content of any sites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website including credit/debit card use. Miosogno does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Miosogno will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

In no event shall Miosogno, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Miosogno shall not be liable for user generated content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

3. INDEMNITY.

User will indemnify and hold the Company, Miosogno, its officers, directors, employees , its licensors, content providers, service providers and contractors (the “Indemnified Parties”) harmless against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (a) your use of and access to the Miosogno Website; (b) your violation of any term of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Web Site.

4. REVIEWS/SHARING ON SOCIAL MEDIA VIA THE WEB SITE.

Any opinions, advice, statements, or other information or content expressed or made available by third parties or any other User in reviews or sharing on social media via the Web Site are those of the respective author(s) and not of the Company.

The Company reserves the right to monitor reviews and social media sharing made via the Web Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any review, refuse access to social media sharing functions, or remove these functions altogether. Notwithstanding these rights, Users remain solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any reviews or sharing on social media via the Web Site. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.

Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted as a review or shared on social media via the Web Site (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.

5. MISCELLANEOUS.

Headings. The headings of Sections of these Terms and Conditions are for ease of reference only and shall not be admissible in any action to alter, modify or interpret the contents of any Section hereof. Severability. If any Section or provision of these Terms and Conditions shall be held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such Section or provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.

Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of New York applicable to contracts made and to be enforced wholly within such state. Site Operator. Miosogno, 529 Fifth Avenue, 18th Floor, New York, NY 10017 in conjunction with its third-party service providers, operates this website. Miosogno, M Studio, Casa Miosogno, and other brands are trademarks of Jewelex New York, Ltd.