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Welcome to majoricausa.com (the “Site”), the Internet Site of Majorica Jewelry, Inc. (“Majorica”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

1. GENERAL

By using the website, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use this Site.

The Terms and Conditions of Use may be changed at any time without prior notice. We will make changes by modifying our Site and will post a notice of the modification on our Site. Your continued access to and use of the modified Site conclusively demonstrates your acceptance of those changes.

 

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2. DESCRIPTION OF SERVICE

Majorica provides users with access to any array of products, services, and on-line resources, including, various communications tools, online forums, shopping services, and other content. You understand and agree that the service is provided “as is.”

 

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3. PRODUCT INFORMATION

Majorica products displayed at the Site are available in select stores featuring Majorica products in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in stores. The prices displayed on the Site are quoted in United States Dollars and are valid and effective only in the United States.

 

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4. COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

 

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5. MAJORICA’S PROPRIETARY RIGHTS

All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as another state, national, and international laws and regulations. Except as expressly provided herein, Majorica does not grant any express or implied right(s) to Users of this Site. Please be aware that Majorica actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are © 2016 Majorica Jewelry, Inc. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Majorica also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site’s content.

 

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6. COPYRIGHT STATEMENT

This Site is the property of Majorica Jewelry, Inc. and is protected by the United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site, as well as the trademarks, product names, graphics, logos, service names, slogans, colors and designs of our company.

The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Majorica’s Copyright and Intellectual Property Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or another intellectual property interest that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owners, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Majorica’s Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows:

Majorica Jewelry, Inc.
366 5th Avenue
New York, NY 10001
Phone: 1-212-695-1756
E-Mail: orders@majoricausa.com

 

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7. UNSOLICITED SUBMISSIONS

We are pleased to hear from our users and welcome your comments regarding our products and services. Our long-standing company policy, however, does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as jewelry designs, artwork, etc. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, artwork, designs, suggestions or materials (unless specifically requested by us) via a contest or other program.

If at our request, you send a certain specific submission (e.g., jewelry designs to enter a contest), the submissions shall be governed by the particular rules applicable to that specific request (e.g., contest rules).

 

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8. DISCLAIMER

While Majorica endeavors to provide the most accurate, up-to-date information and materials available, the information and materials available on this site may include inaccuracies or typographical errors. Moreover, Majorica may make modifications and/or changes in this site or in the information and materials available on this site at any time, for any reason.

In no event shall Majorica be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information and materials available on this site, or otherwise arising out of the utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if Majorica has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OF ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

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9. INDEMNIFICATION

You agree to indemnify and hold Majorica, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post transmit, or make available through the Service, your use of our Service, your connection to our service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

 

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10. INDEMNIFICATION

You agree to indemnify and hold Majorica, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post transmit, or make available through the Service, your use of our Service, your connection to our service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

 

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11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of this Service, use of the Service, or access to the Service.

 

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12. NO RESALE OF SERVICE

The Site may provide, or third parties may provide, links to other sites or resources. Because Majorica has no control over such external sites and resources, you acknowledge and agree that Majorica is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Majorica shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products, or services available on or through any such site or resource.

 

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13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FORM THE USE OF, OR THE INABILITY TO USE, OUR SITE OR MATERIALS AND FUNCTIONS OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THAT AMOUNT PAID BY YOU, FOR ACCESSING ANY SITE.

 

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14. JURISDICTIONAL ISSUES

Unless otherwise specified, the materials on our Site are presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. We make no representation that materials on our Site are appropriate or available for use in any particular location. Those who choose to access our Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

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15. ENFORCEMENT OF TERMS AND CONDITIONS

These terms and conditions are governed and interpreted pursuant to the laws of the State of New York, excluding its conflict of laws principles, excluding the United Nations Convention on Contracts for the International Sale of Goods, and also excluding the 1974 Convention on the Limitation Period in the International Sale of Goods (the “1974 Convention”) and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. If any part of these terms and conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

 

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