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The Fancy Color Research Foundation Membership Terms and Conditions
Updated October 15th, 2019
Welcome to the Fancy Color Research Foundation
1. The use of the Internet site (the “
”) of The Fancy Color Research Foundation (the "
") is conditional upon consent to the following Terms and Conditions (the "Terms"). By accessing the Site, you are expressing your consent to these Terms; if you do not agree with any of these Terms, do not access or otherwise use this site. 2. The Site url:
The FCRF grants by this to the user a non-exclusive, non-sublicensable, non-transferable access to the Website, its content, tools and services. 1. All of the information, content, tools, 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 arrandiamondent 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, rearrandiamondent, 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 the limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions. 2. 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. 3. Registered Premium Members are entitled to publish or post up to two (2) Indexes in each 6 calendar months, provided that the publication or post is linkable to the FCRF Website, the information was provided by the FCRF with a date and full and clear logo of the FCRF and is not amended in any way. Shall the member wish to publish or distribute additional data on any platform or marketing material, the member shall refer to the FCRF for a written permission. 4. All registered and active members may use the other Content online and solely for their personal, non-commercial use, and may download or print a single copy of any article for their personal, non-commercial use, provided they do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by FCRF and conditioned to an NDA. 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. 5. Requests to use the Content for any purpose other than as permitted in this paragraph should be submitted as directed on the Website. 6. 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 methods in connection with your use of the Website.
Membership and Registration
You are responsible for keeping your information and passwords up to date and confidential. 1. Certain areas or features of the Website may only be open to registered users. You are solely responsible for the confidentiality, 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 email 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. 2. 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.
Membership Renewal and Cancellation
1. FCRF offers two types of Memberships ('Memberships') the FCRF Article Membership ('Article Membership'), and the Premium Membership (‘Premium Membership’) which allows users to access all the available information on the Website, including the Fancy Color Diamond price index and rarity evaluator. FCRF reserves the right to vary the amount of content and types of services that it makes available to different categories of users at any time. 2. FCRF will try to process your Membership promptly but does not guarantee that your Membership will be activated by any specified time. By submitting your payment and other membership details, you are making an offer to the FCRF to purchase a membership. Your offer will only be accepted by us and a contract formed when The FCRF have successfully verified your payment and contact details, at which point The FCRF will provide you with access to the Membership. You will receive written confirmation when your Membership offer has been accepted.
By placing your Membership order with us, you agree that at the end of the initial Membership period (and of each renewal period thereafter), your Membership will automatically renew for the same Membership period at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Membership at any time as set out below. 1. Should you cancel your Membership within 24 hours from your order, and you haven’t logged-in to the FCRF website you will be fully refunded; 2. When cancelling your Annual Membership, at any point, after you have already logged-in to the FCRF website, you will be charged the standard monthly fee of 450$ for every month or part of a month during which your membership was in effect. You also acknowledge and agree that the cancellation is effective the following billing cycle, i.e., at the end of the calendar month in which FCRF has received your written notice of cancellation. You will not receive a refund for the current billing cycleYou can submit a Membership cancellation request by calling Community Support at (+972) 3-5084075 during working hours (09:00-18:00 GMT+2), or email us at
. To take effect, the cancellation must be submitted to the FCRF, in writing. 3. The FCRF reserves the right to issue refunds or credits at its sole discretion. By issuing a refund or credit, the FCRF is under no obligation to issue the same or similar refund in the future.
Changes to Content or Access
The FCRF reserves the right to make changes to its Website at any time. If The FCRF temporarily reduces or eliminates the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
Protection of Customer Data
The FCRF will implement and maintain technical and administrative safeguards, designed to protect Customer Data provided and obtained by the FCRF through the use of the Website User-Generated Content: Comments and Other Submissions 1. 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. The FCRF 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. 2. 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 the 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. 3. 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.
Collection and Use of Information
For each visitor to the Site, the FCRF web server automatically recognizes and collects the domain name of the user internet provider and other information (but not the user email address), which does not identify the user personally. This information may be used to improve the content and usefulness of the Site and for marketing purposes. The FCRF also collects, retain in its database, and use information voluntarily provided by the user under the following circumstances: 1. As a rule, viewing the Site is anonymous and the user is not obliged to give any personal details. In order to receive some of the Services made available on the Site, the user will be required to give various personally identifying details (the “Identification Details”), such as a name, address, email address and mailing address. In addition, for the purpose of providing the Services and in order to make it easier for the user to receive the Services, the FCRF may use “cookie” technology that will store certain information on the user’s computer- This helps us provide you with an optimal experience when you browse our Site and also allows us to improve our Site. The user is not obliged to give any details to the FCRF, save if and insofar as he wishes to do so. However, it may not be possible to use certain features of the Site without giving the details noted in the forms as compulsory fields. 2. Identification Details shall be retained by the FCRF, which shall use them subject to the provisions of applicable law. 3. The FCRF and those with whom it contracts may use the Identifying Details given by the user on registering for the Services and/or at the time of using the Services in order to contact the user and keep him up to date regarding other services offered by the FCRF or by others with whom the FCRF has contracted. The FCRF may also use information provided by users as part of the statistical data stored by it for its internal uses and/or as part of the data transferred to a third party, provided that the information transferred to third parties does not identify the user by his name or other Identification Details. The FCRF may also disclose your Identification Details in response to legal process, such as a court order or subpoena, and any Identification Details that you provide may be transferred in a merger, acquisition, restructuring, or other corporate transaction involving the FCRF or its assets.
Security of the Site
The FCRF takes reasonable precautions to secure the Site, including the Identification Details given by users for the purpose of receiving the Services. Nonetheless, particularly because the Site is connected to the Internet, the Site, the information systems, and the communication cannot be fully secured against penetration by unauthorized entities. A user giving Identification Details that are required in order to receive the Services must take this fact into account before giving such details. The FCRF shall not bear any liability if, despite its reasonable security precautions, the Site and/or the Identification Details given by users are accessed illegally or without authorization, including liability for use of Identification Details by anyone who has obtained the information illegally or without authorization.
Changes and Modifications
Updating Your Information
Upon written request, we will provide you with the Identification Details that we have collected and maintained about you. You can review and/or update this information through the personal portfolio page using the "update details" button.
The Site may contain links to other sites. The FCRF has no control over the information and privacy policies and practices of those Web sites, and is not responsible for their content, collection and use of information, or freedom from errors or viruses. It is your responsibility to recognize, by paying attention to your browser’s address bar, when you are leaving the site.
By registering for the FCRF membership, purchasing a product or filling a contact form you hereby agree to subscribe to the FCRF mailing list. You may unsubscribe by sending an Unsubscribe email to
The Website Content is 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 websites. 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.
The Fancy Color Diamond Index™
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. The Fancy Color Diamond Index™ is updated on a calendar quarterly basis and may not reflect market wholesale buying prices. Additional inaccuracies may occur, given market conditions and other factors, including human error. The FCRF 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. 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. For additional information regarding the Fancy Color Diamond Index™, as well as data disclaimers or limitations please contact us at
The Fancy Color Diamond Rarity Tool™
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. Any data acquired from The Fancy Color Diamond Rarity Tool™ is not a guarantee, nor is it a valuation of the Fancy Color Diamond, and cannot be used for appraisal purposes by third-party entities. The FCRF 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. 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. For additional information regarding the Fancy Color Diamond Rarity Tool™, as well as data disclaimers or limitations please contact us at
. 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.
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 DISPARAdiamondENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINdiamondENT) 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.
Other Information and 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. The FCRFuse 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, infrindiamondent, 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.
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 email, 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.
The 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.
This Agreement, including all attachments, exhibits, addendums, notices, policies, disclaimers, and other terms contained on the Website constitutes the entire agreement between the FCRF and any parties concerning provided, however, that in the event of a conflict between any of the other terms and the terms of the Agreement, the terms of the Agreement shall control.
The terms of the Agreement replace any prior agreements, understandings etc., whether written or oral, with respect to the subject matter.
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.
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