The Fancy Color Research Foundation Membership Terms and Conditions – Individual Membership
Updated April 12th, 2022
Welcome to the Fancy Color Research Foundation
- The use of the Internet site (the “Site”) of The Fancy Color Research Foundation (the “FCRF“) 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.
- The Site url: https://www.fcresearch.org/ is owned and operated by FCRF.
- Additional services may be supplied by the FCRF. Therefore, additional Terms and conditions, policies, and instructions may apply. Such additional Terms, policies, and instructions will be displayed in connection with the relevant service. As used herein “Terms” also includes such additional terms, policies and guidelines. If there is a conflict between these Terms and any such additional Terms, policies or instructions, the additional Terms, policies or instructions will prevail for that conflict.
- Unless otherwise specified, all references to “Site” include the content and services available through the site, including copyright and distribution and presentation rights in all of the Site’s content, including all information presented in any way, text, software, pictures, clips, graphics, compilations, including indexes and their names, designs, voice files, video files, picture files and other files appearing on the Site (hereinafter referred to as the “Information”) fully belong to the FCRF or to third parties who have vested the FCRF with use rights therein.
- The Information is intended for the personal use of the user alone, and no other use may be made thereof, commercial or otherwise. The Information may not be made public and no product originating in the Information may be published, whether printed or stored on any magnetic or optical means, or any other means, without the FCRF’s prior written approval and in accordance with its Terms.
- The Information may not be copied, duplicated or printed for distribution or publication in any way, without the FCRF’s prior written approval and in accordance with its Terms.
- The Information presented on the Site is provided for informational and educational purposes only, and does not constitute a solicitation, offer, opinion or recommendation by the FCRF to buy or sell fancy color diamonds. Nothing contained on the Site should be construed as advice, suggestion, and recommendation. Advice from a fancy colors diamond professional is strongly advised. Neither the FCRF nor any of the FCRF’s officers, employees, directors or agents has made any recommendations regarding the merit of any fancy color diamond identified on the Site, made any recommendation regarding the purchase or sale of any fancy color diamond, or endorsed or sponsored any fancy color diamond or market participant identified on this Site.
- The Information was obtained by the FCRF from sources believed by the FCRF to be accurate and reliable. However, because of the possibility of human and mechanical error as well as other factors, the FCRF is not responsible for any errors or omissions and FCRF provides no warranty with respect to the Information. The FCRF makes no representations and disclaims all express, implied and statutory warranties of any kind to any user and/or any third party, including any warranties of accuracy, timeliness, completeness, merchantability and fitness for any particular purpose.
- The Site may contain information regarding traded fancy color diamonds, and etc. No statement on this Site is to be construed as a recommendation to purchase or sell a fancy color diamond, or to provide purchase or sell advice.
- The Site may contain PAST PERFORMANCE WHICH ARE NO GUARANTEE OF FUTURE RESULTS. The user is cautioned not to put undue reliance on any past performance information as forward-looking analysis.
- UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, THE FCRF SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY) TO ANY USER AND/OR ANY THIRD PARTY.
- THE FCRF SHALL UNDER NO CIRCUMSTANCE BE LIABLE TO ANY USER (AND/OR ANY THIRD PARTY) FOR ANY LOST PROFITS OR LOST OPPORTUNITY, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF THE FCRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- The aforementioned shall apply mutatis mutandis to third parties information providers and the information provided by them.
- The Information shall not be considered a recommendation or advice to act in one way or another in connection with the making as sale buy appraisal or any other decisions regarding the fancy color diamond.
- The user acknowledges that the FCRF shall not be liable for any defect, mistake, error or inaccuracy in the Information (hereinafter referred to as “Defect”) and that it is not undertaking to ensure that the Information will always be up to date.
- The user exempts the FCRF from liability for any Defect or for any damage sustained by or caused to him as a result of the use of the Site and/or the Information.
- The FCRF shall not be liable in any way for the content of articles/reports that are presented on the Site. Full liability for these articles/reports rests with the data information providers.
- The historical data (Fancy Color Diamond Index) published on the Site are as computed by the FCRF and they are presented “as is”. The FCRF reserves the right to change the ways of computing or displaying the historical data at any time.
- The FCRF Site includes the content and services available through the site (hereinafter referred to as the “Services“).
- The use of the Services is only intended for personal use and sole liability in respect thereof shall rest with the user. The use of the Services is not a replacement for consultation with experts in the field. The user shall be fully liable for any decision made in reliance upon the Services.
- Additional services may be supplied by the FCRF. Therefore additional terms and conditions, policies, and instructions may apply. Such additional terms and conditions, policies, and instructions will be displayed in connection with the relevant service. As used herein “Terms” also includes such additional terms, policies and guidelines. If there is a conflict between these terms and conditions and any such additional terms, policies or instructions, the additional terms, policies or instructions will prevail for that conflict.
- The FCRF reserves its right to alter the site and the information at any time.
- (a) The use of the Site and any matter and dispute concerning its use shall be governed solely by the laws of the State of Israel; (b) The competent courts in the District of Tel Aviv-Jaffa are vested with sole jurisdiction to hear any matter and dispute concerning these terms and conditions and the Site’s use.
The FCRF grants by this to the user a non-exclusive, non-sublicensable, non-transferable access to the Website, its content, tools and services.
- 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.
- 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 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. Should 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.
- 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 FCRF.
- 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 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.
- 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.
- 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.
Only business entities are eligible for any of the FCRF memberships. By submitting your details and/or payment 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 business identity, 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. FCRF will try to process your Membership promptly but does not guarantee that your Membership will be activated by any specified time. By subscribing to the FCRF membership you are agreeing to be added to the FCRF mailing list.
The FCRF Individual services Membership (‘Individual services Membership’) provides the member with full access to one or more of the chosen tools and/or services subscribed and paid for by the member. By subscribing to the ‘Individual services Membership’ the member will gain access solely to the chosen tools and/or services and will not receive any of the benefits provided to the annual Pro Membership members.
- The Fancy Color Diamond price Index (FCDI)
- The FCRF Rarity Tool
- Including Argyle Rarity
- Experts’ Lounge
- Pre-Auction Analysis
- Articles and Research
- The Live Auction Broadcast
- The FCRF App
- Including the Auction Calculator
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 type and 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.
- 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;
- When cancelling your Annual Membership, at any point, after you have already logged-in to the FCRF website, you will be charged the individual service 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 notice of cancellation. You will not receive a refund for the current billing cycle, and you may no longer have access to FCRF Membership Content.
- You can submit a Membership cancellation request by calling Customer Care at (+972) 3-5084075 during working hours (09:00-18:00 GMT+2), or email us at firstname.lastname@example.org
- 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
- 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 discourages 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 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.
- 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:
- 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.
- Identification Details shall be retained by the FCRF, which shall use them subject to the provisions of applicable law.
- 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 email@example.com
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.
INDEXES ARE UPDATED ON A CALENDAR 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 expressed or implied, including but not limited to the warranty of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness or non-infrindiamondent. 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.
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 FCRF 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, 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.
Service Contact: Contact firstname.lastname@example.org for any information and assistance.