Terms of Use

TERMS OF USE OF
https://www.luganodiamonds.com 

Your acceptance of these terms of use ("Terms of Use") is a binding agreement (the "Agreement"). By using the Internet website located at https://www.luganodiamonds.com (the "Site") or any services provided in connection with the Site ("Services"), you agree to abide by these Terms of Use, as they may be amended by Lugano Diamonds & Jewelry Inc. (the "Company") from time to time in its sole discretion. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

PRIVACY POLICY. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current privacy policy can be found by clicking here. The Company's Website Privacy Policy is expressly incorporated into this Agreement by this reference.

USER CONTENT. You grant the Company a license to use the materials you post to the Site or Services. By posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content ("User Content") to the Site or Services, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents and representatives a license to use User Content in connection with the operation of the Internet business of the Company, its affiliates, officers, directors, employees, consultants, agents and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute the User Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

INAPPROPRIATE CONTENT. You shall not make the following types of Content available, and you agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive or threatening, (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation, or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate your receipt, transmission or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers. The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

COPYRIGHT INFRINGEMENT. The Company reserves the right to suspend and/or terminate use of the Services and/or the Site for anyone who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company may investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company's designated agent at:

Name, Title:
Company Name: Lugano Diamonds
Address: 620 Newport Center Drive, #100, Newport Beach CA 92660
Phone: (949) 720-1258
E-mail: media@luganodiamonds.com

ALLEGED VIOLATIONS. The Company reserves the right to terminate your use of the Services and/or the Site. To ensure that the Company provides a high quality experience for you and for other users of the Site and the Services, you agree that the Company or its representatives may access your records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights or other unauthorized uses of the Site or the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information or interfered with use of the Site or the Services by others.

NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. THE COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort or any other legal theory or form of action.

AFFILIATED SITES. The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

PROHIBITED USES. The Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization, (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services, or (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

INDEMNITY. You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

COPYRIGHT. All copyrights in the contents of the Site and/or Services belong to Lugano Diamonds & Jewelry Inc. All rights reserved. 

TRADEMARKS. All third party trademarks and service marks, whether or not registered, contained on the Site are trademarks or services marks of the respective owner(s).

NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks or logos owned by the Company or by any third party.

GOVERNING LAW. This Agreement and the Terms of Use shall be construed and governed by the laws of the State of California. By execution of this Agreement, you agree and accept that any legal action or proceeding with respect to this Agreement or the Terms of Use shall be brought in the federal or state courts for the State of California, County of Ventura, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

CALIFORNIA USE ONLY. The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

MODIFICATIONS. The Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use, (b) modify the Site and/or the Services, and (c) discontinue the Site and/or Services at any time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

ENTIRE AGREEMENT. The Agreement constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between you and the Company regarding the subject matter hereof. You and the Company acknowledge that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding on either party.

ACKNOWLEDGEMENT. BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM