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The Fancy Color Research Foundation Website Terms of Service

As of January 2, 2017

Welcome to the Fancy Color Research Foundation (hereinafter "FCRF") website and/or mobile applications (collectively, the: "Website").

1. Acceptance

FCRF grants a non-exclusive license to use information which Licensee obtains through the Website according these terms and conditions as set forth in this Terms-of-Use Agreement (collectively, the "Agreement").

This Agreement is a legal contract between you and FCRF and applies to your use of the Website, including any information and materials therein and any Content (as defined below) that FCRF makes available to access through the Website. By accessing all or any part of this Website, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement. You may not use this Website except as expressly provided in this Agreement. If you do not agree to this Agreement, you are not authorized to access and use this Website and should exit immediately. PLEASE READ THIS AGREEMENT CAREFULLY.

2. The Website Content

• All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website or Other Channels, including for example, advertising, directories, guides, articles, indexes opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "Content"), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of FCRF, and its affiliated companies, licensors and suppliers. FCRF actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions.

• The Content includes logotypes, trademarks and service marks and trade names (collectively "Marks") owned by FCRF, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by FCRF.

 

• Registered Members are entitled to publish or post up to three (3) indexes in each calendar quarter, provided that the publication or post is linkable to FCRF Website and that full and clear credit is given to FCRF.

• Registered members may use the other Content online and solely for their personal, non-commercial use, and you may download or print a single copy of any article for their personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by FCRF. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by FCRF. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of FCRC.

• Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website.

• You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including indexes, articles, images, text, page layout, or form) of any portion of the Website without our express written consent. You may not alter or modify in any way, the Website or including but not limited to using any software to suppress or alter the display of advertising on the pages of the Website. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of the Website.

3. Membership and Registration

You are responsible for keeping your information and passwords up to date and confidential.

• Certain areas or features of the Website may only be open to registered users. You are solely responsible for the confidentiality and use of and access to the Website using your user name and/or password. You agree to immediately notify FCRF if you become aware of the loss, theft or unauthorized use of any password, user ID or e-mail address or of any FCRF Content. You will provide FCRF with accurate, complete registration information and inform FCRF of any changes to such information. For the purpose of confirming your compliance with this Agreement, FCRF reserves the right to monitor and record activity on the Website, including access to Website Content.

 

• You agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website using your name in whole or in part. FCRF reserves the right to terminate membership and deny access to the Website to any person who violates these Terms and Conditions.

4. Subscription and Cancellation

Subscriptions

 

• FCRF offers different types of subscriptions ("Subscriptions") including, for example, subscriptions to Articles of FCRF ("Article Membership"), or Full Membership Subscription which allows users to access all available information on the Website, including diamond indexes and rarity evaluator. FCRF reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time.

• FCRF will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

Renewal

• Unless specifically stated in the Subscription, when you place your Subscription order with us, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out below.

 

Cancellation

• You can change or cancel the Subscription at any time by calling Customer Care at (+972) 3-5084075. or email us at info@fcresearch.org

 

• When you cancel a Subscription based on a monthly fixed fee, you acknowledge and agree that the cancellation is effective the following billing cycle, i.e., at the end of the calendar quarter in which FCRF has received your notice of cancellation. You will not receive a refund for the current billing cycle, and you may no longer have access to FCRF Subscription Content.

 

• When you cancel a Subscription based on yearly fixed price, the FCRF cancellation policy and tariffs will apply. SHOULD YOU CANCEL YOUR SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT FCRF WILL CREDIT YOUR ACCOUNT ACCORDING TO THE FOLLOWING CANCELLATION POLICY -

 

• If you cancel your subscription within 24 hours from your order, and you have logged-in to the FCRF website only once you’ll be fully refunded;

 

• Should you cancel after 24 hours of your order and before the end of the 3^rd month of your subscription term, FCRF will refund your account for the difference between the FCRF's annually fixed fee and FCRF's monthly fixed fee multiplied by the actual number of months you have been subscribed for FCRF's services, until the cancellation takes effect. For the purpose of this clause any part of the month is to be considered as full month of subscription.

 

For example, If FCRF's annually fixed fee is USD 1,800 and FCRF's monthly fixed fee for the same year is USD 450.00, a subscriber who cancels his subscription after two months, will be refunded USD 900, i.e., USD 1,800 - (USD 450 X 2 months) = USD 900.

 

• Should you cancel your subscription at any time after the end of the 3^rd month of your subscription and before the last day of your yearly subscription term, you will be entitled only for a refund fee of USD 100.

 

• We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

 

Changes to Content or Access

• We reserve the right to make changes to our Website at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.

 

5. Disclaimers

• The Website Content are for general informational purposes only. Nothing contained in or omitted from the Content should be construed as a recommendation, endorsement or sponsorship by FCRF, its affiliates, officers, directors, employees or agents regarding the merit, purchase or sale of any fancy color diamond or any other product, securities or commodities. INVESTMENT ADVICE FROM A PROFESSIONAL IS STRONGLY ADVISED.

• The FCRF does not guarantee the accuracy or completeness of any information contained on the Website or any linked website. While the FCRF has obtained the Content from sources that it believes to be accurate and reliable and periodically updates the information contained in the Content, the FCRF assumes no responsibility for any error or omission, nor shall it be liable for any delay in keeping such information current. The Content may include technical or other inaccuracies or typographical errors.

• INDEXES ARE UPDATED ON A CALENDARY QUARTER BASIS AND MAY NOT REFLECT MARKET WHOLESALE BUYING PRICES. Additional inaccuracies may occur, given market conditions and other factors, including human error. Indexes are furnished without responsibility for accuracy and are accepted by the Website user on the terms and conditions set forth in this Agreement.

• The FCRF provides the Content to you on an "AS IS" basis and makes no warranties, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness or non-infringement. The FCRF assumes no responsibility for errors or omissions in the Content or other documents which are referenced by or linked to the Content.

• In no event shall the FCRF, its affiliates, officers, directors, employees or agents be liable for any damages of any kind, including but not limited to indirect, special, incidental, consequential, punitive, lost profits or lost opportunity, whether or not the FCRF has been advised of the possibility of such damages.

Any clause of the foregoing disclaimer that is declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. The terms of this disclaimer may only be amended in a writing executed by an authorized representative of the FCRF and are governed by the laws of the State of Israel.

 

6. Indemnity/Limitation of Liability

• AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, FCRF AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE; (B) FCRF'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU. If you are dissatisfied with any FCRF Content, or with any of FCRF's terms and conditions, your sole and exclusive remedy is to discontinue using the Website.

• Under no circumstances, including, but not limited to, negligence, shall FCRF, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Contents, unauthorized access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that FCRF is not liable for any conduct of any user.

7. Other Information Content Providers: Non-Staff Contributors, Commenters, Etc.

• The Website may distribute content supplied by other information content providers such as non-staff contributors, commenters, etc. We use these providers to enhance your experience on the Website. FCRF is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by FCRF.

 

• FCRF is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. FCRF nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, FCRF reserves the right to remove information provided by other information content providers at any time in its sole discretion.

 

8. User-Generated Content: Comments and Other Submissions

• The interactive areas of the Website are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to the Website. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of the Website. FCRF reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

• By placing material on, or communicating with, the Website (e.g., posting a comment to a FCRF Article; uploading a n image of a diamond or a video) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate this Agreement, and that it will not cause injury to any person or entity. You grant FCRF and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the Website, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize FCRF to include the information you provide in a searchable format that may be accessed by users of the Website. You also grant FCRF and its affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant FCRF the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

• Please note that FCRF does not accept unsolicited materials or ideas for use or publication. FCRF is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FCRF.

9. Website Security Rules

• You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FCRF will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

1. Modification

• FCRF shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. FCRF shall have the right at any time to change or discontinue any aspect of the Website, including, but not limited to, the community areas, Content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

1. Miscellaneous

• This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of Agreement, the terms of the Agreement shall control.

• This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Israel, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within Tel-Aviv, Israel.

 

2. Service Contact

• Contact info@fcresearch.org  with questions or problems with the Website.