TERMS AND CONDITIONS / PRIVACY / LEGAL DISCLAIMER
PLEASE READ THE TERMS CAREFULLY. BY USING THE WEBSITE AND INFORMATION, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS FULLY, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, and/or (v) IF YOU ARE UNDER 18 YEARS OLD, YOU HAVE PERMISSION FROM YOUR LEGAL GUARDIAN TO VIEW THE SITE. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE INFORMATION, AND IF YOU SO ANYWAY, YOU DO SO ON YOUR OWN ACCORD AND AT YOUR OWN RISK.
We provide access to information (the “Information”) through our website (the “Site”) and we may provide the ability to use certain functionalities of our website or provide services of various kinds (the "Services"). The Site and Services are made available to you, (herein the “User” or “Customer”), subject to the following terms and conditions (the "Terms").
I. WHO WE ARE
1. Ziba Zidehsarai (hereafter known as "Ziba Zidehsarai," "we," "us," “we’re,” or “our”) is an online jewelry store that sells only the finest jewelry to the public. This website is operated by Ziba Zidehsarai LLC for the purpose of providing its visitors information about and purchasing opportunities for its products (“Services”).
2. Ziba Zidehsarai is physically located in Orange County, CA. Our URL is http://www.zibazidehsarai.com.
3. Termination of Profile. User acknowledges and agrees that they may cancel their customer profile in Ziba Zidehsarai at any time and for any reason. User fully agrees and acknowledges that in the event their profile is cancelled, either voluntarily or involuntarily, they will not automatically be entitled to resume or start a new profile, and that to do so will be at the sole discretion of Ziba Zidehsarai.
II. GENERAL INFORMATION REGARDING USE OF WEBSITE
5. You may not use the website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the website.
6. You may use the content of this website only for personal use (either as a current or prospective customer of ours or as a representative of such a customer, to learn more about Ziba Zidehsarai, or potential employment with Ziba Zidehsarai).
7. We reserve the right to save your signup information and email for future communications, and reserve the right to share that information with our partners.
III. ACCESS TO OUR ONLINE INFORMATION
A. General Restrictions on Use
8. The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Information to any third-party.
9. You agree not to solicit Ziba Zidehsarai or approach Ziba Zidehsarai about any investments. You further agree not to combine or integrate the Site and the Information with hardware, software or other technology or materials. You may not modify or create any derivative product based on the Site and the Information. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Information is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Information shall be subject to these Terms. You agree not to use the Site or Information to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) steal or disclose any proprietary and confidential information obtained; or (f) interfere with or disrupt the Information or servers or networks connected to the Information, or disobey any requirements, procedures, policies or regulations of networks connected to the Information. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Information (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
B. Access to Information
10. User acknowledges that this Site is open to the public, but that we shall have sole discretion in determining who we allow to set up a profile and use our website. Any and all information contained herein is subject to the various clauses contained within these Terms.
C. Use of Third-Party Offerings
11. You may be able to access websites, content, products or Information provided by third-parties through links that are made available on the Site. We refer to all such websites, content, Information and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and Information on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
D. Ownership and Intellectual Property
12. As between you and us, we, as applicable, retain all right, title and interest in and to the Site and the Information, and all related intellectual property rights. Ziba Zidehsarai reserves all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or Information. If you provide Ziba Zidehsarai any personal information, feedback, or suggestions regarding the Site or Information (“Feedback”), you hereby assign to Ziba Zidehsarai all rights in the Feedback and agree that Ziba Zidehsarai shall have the right to use such Feedback and related information in any manner it deems appropriate. Ziba Zidehsarai will treat any Feedback you provide to Ziba Zidehsarai as non-confidential and non-proprietary. In addition, Ziba Zidehsarai shall treat any personal information you provide as confidential and by submitting such information, you agree to allow Ziba Zidehsarai to use any related information in any manner it deems appropriate. You agree that you will not submit to Ziba Zidehsarai any information or ideas that you consider to be confidential or proprietary.
13. Copyright © 2017 Ziba Zidehsarai All Rights Reserved. All rights reserved. All trademarks, logos and Information marks (“Marks”) displayed on the Site or Information are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
14. We respect the intellectual property of others and asks that users of our Site and Information do the same. In connection with our Site and Information, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site and Information who are repeat infringers of intellectual property rights, including copyrights.
16. Irrespective of which country you reside in or supply information from, you authorize Ziba Zidehsarai to use your information in the United States and any other country where Ziba Zidehsrai operates.
17. We know that you care how sensitive information about yourself, and we appreciate your trust that we will carefully and sensibly secure your information. All traffic is monitored and recorded to protect private company information. Ziba Zidehsarai agrees to keep all information submitted by User to Ziba Zidehsarai private and confidential.
18. What Information Do We Collect?
We collect information from you when you place an order, subscribe to our newsletter, or fill out a form.
When ordering or registering to our Site, as appropriate, you may be asked to provide your name, email addrses, mailing address, phone number, or credit card information. You may, however, visit our site anonymously, but you will still have to provide the property credit card information.
19. What Do We Use Your Information For?
Any of the information we collect from you may be used in the following ways:
A. To Personalize Your Experience
Your information helps us to better respond to your individual needs.
B. To Improve Our Website
We continually strive to improve our website offerings based on the information and feedback we receive from you.
C. To Improve Customer Service
Your information helps us to more efficiently respond to your customer service requests and support needs.
D. To Process Transactions
Your information, whether private or public, will not be sold, exchanged, transferred, or given to any other company, agency, or individual, for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
20. In addition, User acknowledges the following:
a. Log Files
Like many Web sites, we automatically gather certain information about our Site traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the Site, to track users’ movements around the Site and to gather demographic information about our user base.
We do not link this automatically collected data to personally identifiable information.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security nor will we be held liable for certain problems.
IV. USER CONTENT
A. User Content.
21. “User Content” means any and all information and content that a user submits to, or uses with, the Site, or Information (e.g., content about student, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Ziba Zidehsarai Because you alone are responsible for your User Content (and not Ziba Zidehsarai), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Ziba Zidehsarai is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
B. Acceptable Use Policy
22. The following sets forth Ziba Zidehsarai’s “Acceptable Use Policy”: You agree not to use the Site or Information to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, and (vii) you shall not, without prior written approval of Ziba Zidehsarai, use for your own commercial or financial benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Ziba Zidehsarai.
23. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying or terminating your access to Ziba Zidehsarai website, and/or reporting you to law enforcement authorities. All users must register with admin any violations. Any violations may be enforced to the fullest extent of the law.
24. Injunctive Relief. A breach of this Agreement may cause irreparable and continuing damage to Ziba Zidehsarai for which money damages may be insufficient, and Ziba Zidehsarai shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages if appropriate).
E. Other Users and Disclaimer
25. Each User is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Information users are solely between you and such user. You agree that Organization will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Information user, we are under no obligation to become involved.
26. By using the Site, User agrees that Ziba Zidehsarai has permission from User to send User updates and occasional emails. User acknowledges that they will not file can type of claim against Ziba Zidehsarai for doing so, such as for example and without limitation, harassment, spam, or intentional infliction of emotional distress. User acknowledges that should they send a request to Ziba Zidehsarai in writing then any product updates and emails shall cease.
VI. LEGAL DISCLAIMER, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
27. Ziba Zidehsarai is an equal opportunity employer. Ziba Zidehsarai does not discriminate on the basis of race, ethnicity, religion, sex, color, national origin, gender, sexual orientation, genetic information, age, disability, or marital status in its hiring or employment practices.
28. Ziba Zidehsarai disclaims any and all liability regarding any of the content provided by the User. We have no way to verify that any of the information listed by User is accurate, up-to-date, or fraudulent. Should reliance on any of the User Content result in some kind of cause-of-action or injury to the User, known or unknown, Ziba Zidehsarai shall have no liability or responsibility.
29. Being aware of the above, the User takes any information from Ziba Zidehsarai at their own risk. By using any of the information, the User agrees NOT TO SUE Ziba Zidehsarai or any of its agents, employees, or owner(s) (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, breach of contract, breach of warranty, damage, or injury that may be sustained by the User, should there be any side effects from reliance on any information, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, negligence, or otherwise, to the fullest extent allowed by law.
30. By using any of the information offered by Ziba Zidehsarai, User agrees to waive any liability and hold RELEASEES harmless of any claims, torts, breach of contract, breach of warranty, acts of negligence, or injuries, whether known or unknown.
31. The Site, all information, content, materials and information related to the foregoing, are provided "as is" and “as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, course of dealing, usage, trade practice, title, non-infringement, non-interference, and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the site will be uninterrupted, error-free or virus free. The submission of any user content and the download or upload of any material through the site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the Site or Information, and you are advised to maintain offline backup copies of all user content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the Site or Information; and you agree to assume the security risk for any information you provide using the Site or Information.
32. No representation or warranty is made that the Site or information provide comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the Site or Information and from the output of the Site or Information.
33. You agree to indemnify, hold harmless and, at our option, defend our business, including our affiliates, officers, directors, employees, agents, and any third-party information providers) from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from any violation of these terms or applicable law or your user content.
VII. GENERAL PROVISIONS
34. Modifications to Terms. We may change these Terms from time to time. If you object to any such
changes, your sole recourse will be to cease using the Site and reading any more of the Information. Continued
use of the Site or the Information following posting of any such changes will indicate your acknowledgment of
such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
35. Modifications to Information. We reserve the right to modify the Site and/or Information at any time without notice. If you object to any changes to the Site or Information, your sole recourse will be to cease using the Site. Continued use of the Site following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Information as so modified. We also reserve the right to discontinue the Site at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site.
36. Severability. If any provision (or portion of thereof) of these Terms and Conditions or Legal Disclaimer is declared by an arbitrator, mediator, or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and, as far as possible, the arbitrator, mediator, or court shall limit the scope or website of the affected clause to the least extent possible in order that it may be valid and enforceable.
38. Remedies. Both parties agree that any controversy or claim arising out of or relating the Terms and Conditions, Privacy, and Legal Disclaimer shall be first settled by arbitration. Both parties agree that any arbitrator needs to be mutually agreed upon. Should arbitration fail, both parties agree to have their legal issue be heard before a mediator that both parties need to mutually agree upon. Should mediation fail, both parties agree that they may then have their legal issue resolved by the courts.
39. Legal Fees. In the event of any legal or equitable proceeding (arbitration or mediation) arising out of or in connection with the parties’ obligation under these Terms and Conditions and Legal Disclaimer, the prevailing party shall recover its reasonable attorneys’ fees and costs, including reasonable costs for experts. The prevailing party shall be the party who obtained substantially the same remedy requested, whether by judgment, appeal, settlement, or award.
40. Contact Information. If you have any questions regarding Ziba Zidehsarai you can contact us at: