Intellectual Property
0.1. Ownership of Intellectual Property
Fairground Diamonds International Limited (“Fairground Diamonds”) holds all rights, title, and interest in and to all intellectual property associated with our eCommerce store, including but not limited to, trademarks, trade names, logos, designs, images, product descriptions, and any other content or materials provided on our website.
0.2. Use of Intellectual Property
0.2.1 Limited License:
Fairground Diamonds grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our intellectual property solely for the purpose of browsing, shopping, and interacting with our eCommerce store. This license does not grant you any ownership rights or any right to use our intellectual property for commercial purposes without our express written consent.
0.2.2 Prohibited Uses (You are expressly prohibited from)
Copying, reproducing, or distributing our intellectual property without our permission.
Modifying, altering, or creating derivative works based on our intellectual property.
Using our intellectual property in connection with any products or services not provided by Fairground Diamonds. Registering domain names, social media handles, or other identifiers that incorporate our trademarks or trade names without our authorisation.
0.3. Reporting Intellectual Property Infringement
If you believe that your intellectual property rights have been violated or that there is unauthorised use of our intellectual property on our eCommerce store, please contact us immediately at www.fairgrounddiamonds.com/contact. We take intellectual property rights seriously and will investigate any reported infringement promptly.
0.4. Third-Party Intellectual Property
Fairground Diamonds respects the intellectual property rights of others. If you believe that your intellectual property rights have been violated by a third party using our services, please report it to us, and we will take appropriate action.
0.5. Changes to Intellectual Property Policy
Fairground Diamonds reserves the right to update, modify, or amend this Intellectual Property Policy at any time. Any changes will be effective upon posting the updated policy on our website. It is your responsibility to review this policy periodically to stay informed about any updates.
0.6. Contact Information
If you have any questions or concerns regarding this Intellectual Property Policy, please contact us at www.fairgrounddiamonds.com/contact.
Introduction
1.1 Ownership and Operator:
This website is owned and operated by FAIRGROUND DIAMONDS INTERNATIONAL LIMITED, trading under the name “Fairground Diamonds Ltd.” FAIRGROUND DIAMONDS INTERNATIONAL LIMITED is a registered company in England and Wales with company number 14672303. Throughout this website, the terms “Fairground Diamond,” “Fairground Diamonds,” “FGD,” or “fg,” “we,” “us,” and “our” refer to FAIRGROUND DIAMONDS INTERNATIONAL LIMITED in its entirety.
1.2 Acceptance of Terms:
By accessing and using this website or its services, you, as the user, consumer, or wholesaler, agree to adhere to all the terms, conditions, policies, and notices outlined herein. A digital link to these terms can be found on the fairgrounddiamonds.com website and may be included in promotional materials.
1.3 Definition of “Service”:
When you visit our site or make a purchase, you are engaging with our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service,” “Terms,” “T & C,” “Conditions”). This also encompasses any additional terms, conditions, and policies referenced on this website. These Terms of Service apply to all users of the site, including but not limited to those who are browsing, vendors/wholesalers, customers, merchants, and content contributors.
1.4 Acknowledgment of Agreement:
Before accessing or using any part of our digital products, including the website or digital promotional content and social media, it is imperative that you read these Terms of Service thoroughly. Your agreement to abide by these terms is indicated by your use of the website. If you do not agree to all the terms and conditions in this agreement, you should refrain from accessing the website or using any of its services.
1.5 Changes and Updates:
We reserve the right to introduce new features or tools to the current store, which will also be subject to these Terms of Service. The most current version of the Terms of Service can always be found on this page. We hold the right to update, change, or replace any part of these Terms of Service by posting updates or changes on our website without prior notice. Therefore, it is your responsibility to regularly check this page for any updates. Your continued use of or access to the website after any changes are posted will signify your acceptance of those changes.
Disclosure and Resale of Lab-Created Diamond Origins
2.1 Clarity of Diamond Origins:
As prominently disclosed on our website at www.fairgrounddiamonds.com and other relevant pages, we want to ensure absolute transparency in stating that all diamonds offered for sale by Fairground Diamonds are “lab grown,” “human-made,” “lab-created,” or produced through a specialised process in a controlled environment. These terms are interchangeable, and you are encouraged to choose the terminology that best suits your understanding. The only exception to this rule is when a diamond is explicitly described as a “Natural Diamond” or “Earth Grown.”
2.2 Terminology Clarification:
If you have any doubts or require clarification about the terminology used, please do not hesitate to contact our team before making a purchase. Our dedicated professionals will be more than willing to assist you in selecting the best option to meet your specific requirements.
2.3 Acknowledgment of Origin:
By using this website, you acknowledge and agree that you fully comprehend the implications of the descriptions used, leaving no room for uncertainty regarding the human-made origin of our lab-created diamonds. This level of understanding aligns with the disclosure requirements imposed by regulatory bodies in various legal jurisdictions. It should be clearly understood that every lab-created diamond available on our website is unquestionably “human-made,” irrespective of whether the term “diamond” is used with or without qualifiers.
2.4 Non-Agreement and Alternatives:
If you do not concur with or fail to fully grasp the implications of these terms, we strongly advise against purchasing any diamonds or utilising this website and its services. As a customer service measure, we provide an option to consult with a specialist regarding our gemstones, precious metals, and custom builds. More information on this service can be found at https://fairgrounddiamonds.com/book-an-appointment.
Online Store/ Fairground Diamonds eCommerce Terms
3.1 Legal Age Confirmation:
By using this website, you confirm that you are of legal age in your state or province of residence. If you are not of legal age, you confirm that you have provided consent for any of your minor dependents to use this website.
3.2 Prohibited Use:
It is strictly prohibited to use our products or services for any unlawful or unauthorised purposes. Furthermore, when using our services, you must not infringe upon any laws applicable in your jurisdiction, including but not limited to copyright laws.
3.3 No Harmful Elements:
You are expressly prohibited from transmitting any harmful elements such as worms, viruses, DOS (Denial of Service) attacks, or any other code or software that could cause damage to our website or services.
3.4 Consequences of Breach:
Should you breach or violate any of these Terms, it will result in the immediate termination of your access to our services.
General Conditions
4.1 Right to Decline Service:
We retain the right to decline service to anyone, without specifying a reason and at any time.
4.2 Content Transmission:
You should be aware that your content, excluding credit card information, might be transferred without encryption, involving (i) transmissions across diverse networks, and (ii) adaptations to meet the technical requirements of connecting networks or devices. However, credit card information is consistently encrypted when transmitted over networks.
4.3 Use Restrictions:
It is imperative that you refrain from reproducing, duplicating, copying, selling, reselling, or exploiting any part of our Service, the use of our Service, or access to our Service, including any contact provided on the website through which our service is made available, without obtaining express written permission from us. The headings used in this agreement are for convenience only and will not limit or otherwise impact these Terms.
4.4 Accuracy, Completeness, and Timeliness of Information:
We cannot be held responsible if the information available on this site is found to be inaccurate, incomplete, or outdated. The content on this site is intended for general informational purposes and should not be solely relied upon for decision-making. It is advisable to consult primary, more accurate, more complete, or more timely sources of information when making important decisions. While this site may contain historical information, it is crucial to understand that historical information is not current and is provided for reference purposes only.
4.5 Right to Modify Content:
We retain the right to modify the contents of this site at any time, although we are not obligated to update any information on our site. It is your responsibility to stay informed about any changes to our site.
Modifications to the Service and Prices
5.1 Price Adjustments:
The prices of our products may change without prior notice. We reserve the right to adjust or discontinue the Service, or any part of it, at any time without notice.
5.2 No Liability for Alterations:
We hold no liability to you or any third party for any alterations, price adjustments, suspensions, or terminations of the Service.
5.3 Products or Services (if applicable):
Some products or services may be exclusively available online through our website. These items may have limited quantities and are subject to return or exchange following our Return Policy. While we strive to display the colours and images of our products on the website as accurately as possible, we cannot guarantee that your computer monitor will accurately depict these colours.
5.4 Sales Limitations:
We retain the right, but are not obligated, to limit the sales of our products or services to specific individuals, geographic regions, or jurisdictions. We may apply this restriction on a case-by-case basis. Furthermore, we can restrict the quantities of any products or services we offer.
5.5 Changes in Product Descriptions and Pricing:
Descriptions of products and product pricing are subject to change at any time without notice, solely at our discretion. We also have the right to discontinue any product at any time.
5.6 Void Where Prohibited:
Please note that any offers for products or services on this site are void where prohibited.
5.7 Quality and Service Errors:
We do not warrant that the quality of any products, services, information, or other materials acquired from us will meet your expectations, nor do we guarantee that any Service errors will be corrected.
Accuracy of Billing and Account Information
6.1 Right to Refuse Orders:
We maintain the right to refuse any orders placed with us. In our sole discretion, we may limit or cancel the quantities of products purchased per person, per household, or per order. This limitation may apply to orders made under the same customer account, the same credit card, and orders that share the same billing and/or shipping address.
6.2 Order Change or Cancellation:
In the event of a change or cancellation of an order, we will attempt to notify you using the email address, billing address, or phone number provided when the order was placed.
6.3 Prohibition on Dealer Orders:
We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6.4 Obligation for Accurate Information:
You agree to provide current, complete, and accurate purchase and account information for all transactions on our website. It is your responsibility to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to ensure smooth transactions and effective communication.
6.5 Reference to Returns Policy:
For more detailed information on this subject, please review our Returns Policy.
Optional / Third Party
7.1 Third-Party Tools:
We may grant you access to third-party tools that we neither monitor nor control, and we have no input over them. You understand and agree that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without our endorsement. We shall bear no responsibility for any issues arising from or related to your use of these optional third-party tools. Any use of optional tools through the site is at your sole risk and discretion. You should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). In the future, we may introduce new services and features on the website, including new tools and resources, all of which will also be subject to these Terms of Service.
8 – Third-Party Links
8.1 Third-Party Content and Links:
Our Service may contain content, products, and services from third parties. Links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party materials. We do not warrant or accept liability or responsibility for any third-party materials, websites, or any other materials, products, or services offered by third parties. We are not liable for any harm or damages connected to the purchase or use of goods, services, content, resources, or any other transactions with third-party websites. Prior to engaging in any transaction, make sure you carefully review the policies and practices of the third party and ensure that you understand them.
User Comments, Feedback, and Other Submissions
9.1 Use of Comments:
If we request specific submissions from you (e.g., contest entries) or if you provide creative ideas, suggestions, proposals, plans, or other materials without a request from us, whether online, via email, postal mail, or other means (collectively referred to as ‘comments’), you agree that we may use, edit, copy, publish, distribute, translate, and make use of your comments in any medium at any time without restrictions.
9.2 No Obligations:
We have no obligation: (1) to keep your comments confidential; (2) to compensate you for your comments; or (3) to respond to any comments.
9.3 Comment Standards:
While we may choose to monitor, edit, or remove content that, in our sole discretion, is deemed unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property rights or these Terms of Service, you agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights.
9.4 Content Integrity:
Additionally, your comments should not contain libellous, unlawful, abusive, or obscene material, or any computer virus or malware that could impact the operation of the Service or any associated website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of your comments. You are solely responsible for the comments you make and their accuracy. We assume no liability for any comments posted by you or any third party.
Personal Information
10.1 Privacy Policy:
The collection of your personal information via the store is subject to our Privacy Policy. You can access our Privacy Policy by visiting https://fairgrounddiamonds.com/privacy-policy/.
11 – Errors, Inaccuracies, and Omissions
11.1 Occasional Errors and Corrections:
On occasion, our site or the Service may include information that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
11.2 Right to Rectify and Modify:
We have the right to rectify any such errors, inaccuracies, or omissions and to modify or update information or cancel orders if any information on the Service or on any linked website is inaccurate, without prior notice, even after you’ve submitted your order.
11.3 No Obligation to Update:
We are not obligated to update, revise, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date in the Service or on any related website should not be construed as an indication that all the information in the Service or on any related website has been revised or updated.
Prohibited Uses
12.1 Unauthorised and Unlawful Activities:
In addition to the other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for the following purposes:
(i) Any unlawful purpose.
(ii) Soliciting others to perform or participate in unlawful acts.
(iii) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
(iv) Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
(v) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(vi) Submitting false or misleading information.
(vii) Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet.
(viii) Collecting or tracking the personal information of others.
(ix) Engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping.
(x) Pursuing any obscene or immoral purpose.
(xi) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.
12.2 Termination for Prohibited Activities:
We reserve the right to terminate your use of the Service or any related website if you engage in any prohibited activities.
Disclaimer of Warranties; Limitation of Liability
13.1 Lab-Created Origin of Diamonds Disclosure & Resale:
As previously disclosed on our website at [insert website link] and other prominently featured pages, all diamonds sold by us are “human-made,” “lab-created,” or grown using a specific process in a factory or laboratory. By using our website, you confirm that you understand the meaning of these descriptions, hold no doubt regarding the human-made origin of our lab-created diamonds as disclosed by us and mandated by regulatory bodies in legal territories. You acknowledge that every lab-created diamond available on our website is “human-made,” whether or not each mention of the word “diamond” includes this qualifier or not. If you do not agree with or comprehend these terms, we recommend refraining from purchasing any diamonds or using this website or any of the services provided until you either seek legal advice or fully understand your purchase, and accept the terms and conditions outlined herein.
13.2 No Warranty for Service:
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not assure that the results obtained from using the service will be accurate or reliable. You agree that we may occasionally remove the service for indefinite periods or cancel the service at any time without notice. You explicitly agree that your use of the service, or your inability to use it, is at your sole risk.
13.3 Service Provided “As Is”:
The service, and all products and services delivered through it, are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.4 Limitation of Liability:
In no case shall Fairground Diamonds Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. These damages may arise from your use of the service, any products obtained using the service, or any other claim related to your use of the service or any product. This also encompasses any errors or omissions in any content or any loss or damage incurred from the use of the service or any content (or product) posted, transmitted, or made available via the service, even if we were advised of their possibility.
13.5 Legal Limitations:
Please note that in some states or jurisdictions, the exclusion or limitation of liability for consequential or incidental damages may not be allowed. In such cases, our liability shall be limited to the maximum extent permitted by law.
Indemnification
14.1 Agreement to Indemnify:
You agree to indemnify, defend, and hold harmless Fairground Diamonds Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees.
14.2 Indemnification Scope:
This includes indemnification against any claims or demands, including reasonable attorney’s fees, made by any third party due to or arising from your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Severability/severance clauses
15.1 Enforceability of Provisions:
Should any provision of these Terms of Service be found to be unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service. This determination will not affect the validity and enforceability of any remaining provisions.
Termination
16.1 Continuing Obligations:
The obligations and liabilities of the parties that were incurred before the termination date will continue to apply even after this agreement is terminated.
16.2 Termination of Terms:
These Terms of Service are effective unless and until either you or we terminate them. You have the option to terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing your use of our site.
16.3 Our Termination Rights:
In our sole discretion, if you fail to comply with any term or provision of these Terms of Service or if we suspect such failure, we may also terminate this agreement without notice. You will remain responsible for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part of them) accordingly.
Entire Agreement
17.1 No Waiver of Rights:
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
17.2 Comprehensive Agreement:
These Terms of Service, along with any policies or operating rules we post on this site or in relation to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, supplanting any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
18.1 Legal Jurisdiction:
These Terms of Service and any separate agreements through which we provide you with Services will be governed by and construed in accordance with the laws of England.
Changes to Terms of Service
19.1 Regular Review:
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.