BrightSociety.com (“BrightSociety”, “we”, “us”, “our” or the “Store”) welcomes you. We are happy that you have decided to access and use our Store.
1. DESCRIPTION OF SERVICES
BrightSociety is the premiere online marketplace for you to buy new and secondhand diamonds, watches and fine jewelry at great values (each sale, a “Transaction”).
We provide Visitors and Users with access to the Store as described in this Agreement.
Visitors. Visitors, as the term implies, are people who want to look around and see what our store is all about. Visitors can (a) view all publicly-accessible content, and (b) e-mail us.
Users. Users can do all the things that Visitors can do, and may also be able to: (a) enter into Transactions; (b) participate in our promotional offers; and (c) sign up for alerts and other notifications.
We are under no obligation to accept any individual as a User, and may accept or reject any User in our sole and complete discretion.
The Store is available for individuals 18 years or older. If you are under 18, please do not use the Store. By accessing and using the Store, you represent and warrant that: (i) you are at least 18 and (ii) you are acting on your own behalf and not as the agent or representative of any other party.
3. COMMUNITY GUIDELINES
Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Store, you hereby agree to comply with these community rules and that.
• You will not use the Store for any unlawful purpose, including money laundering;
• You will not post or send us false or misleading information;
• You will not access or use the Store to collect any market research for a competing business;
• You will not e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
• You will not stalk or otherwise harass another;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g. report abuse button) on the Store;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Store, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
• You will not use any automated device or software that enables the submission of automatic postings on the Store without human intervention or authorship, including, without limitation, the use of any such automated posting device in connection with bulk postings or for automatic submission of postings at certain times or intervals; and
• You will not interfere with or attempt to interrupt the proper operation of the Store through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Store through hacking, password or data mining, or any other means.
Please let us know about inappropriate content. If you find something that violates our community guidelines, let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Store, or any portion of the Store, without notice and remove any content that does not adhere to these guidelines.
4. SALES AND TRANSACTION PROCESS
YYou represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the BrightSociety registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or BrightSociety has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BrightSociety has the right to suspend or terminate your account and refuse any and all current or future use of the Store (or any portion thereof). If you use the Store, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We strongly recommend that you exit from your account at the end of each session in order to avoid this potential issue. You agree to notify BrightSociety immediately of any unauthorized use of your account or any other breach of security. BrightSociety reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
Shipping and Insurance
BrightSociety ships via FedEx and USPS. All items sent out are insured by BrightSociety for the price paid by you. The package is insured by us until it is signed for at the delivery address.
A signature is required for every shipment. If FedEx and USPS is not able to deliver your package because it has been unable to obtain a signature, it will leave an instruction card. If the package is returned to a local delivery office, it will need to be collected within a period of time specified by the carrier. If the package is not collected within this time, it may be returned to us. On receipt of the returned items, we will contact you to arrange for the items to be resent. However, there will be a further shipping charge to cover the additional postage and administration costs.
Returns to BrightSociety require a Returns Merchandize Authorization. Returns Merchandize Authorization must be requested within 30 days from date of purchase. Please call +1 844-944-4888 or utilize the contact us feature to request one. We will also provide a free and insured return Fedex label.
BrightSociety will open every package that it receives from you under video, and will weigh and, where relevant, test the items included in the package to ensure that they are the original piece and are in perfect (working) order. BrightSociety also reserves the right to reject delivery of any package which appears to be opened, damaged, or tampered with in any way. Any such packages that we reject will be returned to you – at our cost – but without any liability to BrightSociety.
If you send us a return without a Returns Merchandize Authorization, it is quite possible that we will not be able to identify you as the sender unless you have written your name and address on the package. If the shipping label was requested via our website or email to RMA@BrightSociety.com, we may be able to identify you as the sender using the reference numbers of the label. If we are not able to identify you as the sender, then the items will be classed as lost property. We will continue to hold these items for a period of six (6) months in a secure area. Customers claiming items will be required to provide a full and detailed description. Once we have confirmed a lost property claim, we will credit the items.
5. INTELLECTUAL PROPERTY
The Store contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of BrightSociety (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content, the Store, and our services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of BrightSociety (“BrightSociety Trademarks”) used and displayed on the Store are registered and unregistered trademarks or service marks of BrightSociety. Other company, product, and service names located on the Store may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with the BrightSociety Trademarks, the “Trademarks”). Nothing on the Store should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the BrightSociety Trademarks inures to our benefit.
Elements of the Store are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
6. COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
7. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE STORE. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE STORE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE STORE AND THE CONTENT AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE STORE WILL OPERATE ERROR-FREE OR THAT THE STORE, ITS SERVERS, OR THEIR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE STORE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE STORE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOU ACKNOWLEDGE AND AGREE THAT BRIGHTSOCIETY’S AUTHENTICATION PROCESS IS IN-HOUSE AND INDEPENDENT. BRANDS IDENTIFIED ON THE SITE ARE NOT INVOLVED IN THE AUTHENTICATION OF THE PRODUCTS BEING SOLD, AND NONE OF THE BRANDS SOLD ASSUME ANY RESPONSIBILITY FOR ANY PRODUCTS PURCHASED FROM OR THROUGH THE STORE. BRANDS SOLD IN THE STORE ARE NOT PARTNERS OF, OR AFFILIATED WITH, BRIGHTSOCIETY. BRIGHTSOCIETY DOES, HOWEVER, COOPERATE WITH BRANDS SEEKING TO TRACK DOWN THE SOURCE OF COUNTERFEIT ITEMS.
OTHER THAN IN CONNECTION WITH OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT: (I) WE SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, OR LOSS OF GOODWILL OR REPUTATION) WITH RESPECT TO ANY CLAIMS BASED ON CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR RELATING TO THIS AGREEMENT; AND (II) OUR MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF INSURANCE PROCEEDS WE COLLECT IN CONNECTION WITH SUCH CLAIM.
THE STORE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE STORE. THE STORE MAY CONTAIN INFORMATION ON SERVICES WHICH ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE STORE DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE TO YOU. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE STORE AT ANY TIME WITHOUT NOTICE.
8. EXTERNAL SITES
The Store may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or any of your Transactions or your access to, use, or misuse of the Store, the Content, or our services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. COMPLIANCE WITH APPLICABLE LAWS
The Store is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Store or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. TERMINATION/MODIFICATION OF THE AGREEMENT
12. DIGITAL MILLENNIUM COPYRIGHT ACT
BrightSociety respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
White Pine Trading, LLC
535 5th Avenue, 11th Floor
New York, NY 10017
If you believe that your work has been copied on the Store in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Store where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Services shall be deemed passive do not give rise to personal jurisdiction over BrightSociety, either specific or general, in jurisdictions other than New York.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STORE, THIS AGREEMENT, OR OUR SERVICES MUST COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property”, “Communications to Us”; “User Submissions”; and “Publicity.” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.
How to Contact Us
If you have any questions or comments about these Terms & Conditions or this Store, please contact us.
Copyright 2017 BrightSociety.com, LLC. All rights reserved.