LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE
Access to and use of this World Wide Web site ("The Simmons Jewelry Company Web site") is provided subject to these terms and conditions.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
USE OF MATERIAL ON THE SJC WEB SITE
The information, artwork, text, video, audio, or pictures (collectively, "Materials") contained on the Simmons Jewelry Company [SJC] site are protected by copyright laws. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without express written consent of SJC. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Materials on the SJC Web site.
You may print Materials on the SJC Web site for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.
Any computer software downloadable or otherwise available from the SJC Web site is licensed subject to the terms of the applicable license agreement. Any services purchased or otherwise made available from SCJ Web site are licensed under the terms of the applicable terms of service agreement.
The Materials included on the SJC Web site have been compiled by SJC from a variety of sources, and are subject to change without notice.
SITES LINKED FROM THE SJC WEB SITE
The sites linked from the SJC Web site are not under SJC control, and SJC does not assume any responsibility or liability for any communications or materials available at such linked sites. SJC does not intend links on the SJC Web site to be referrals or endorsements of the linked entities; they are provided for convenience only.
DISCLAIMER OF WARRANTY
The services, information or data (collectively, "Information") made available at the SJC Web site are provided "AS IS", without warranties of any kind. SJC expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. SJC shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the SJC Web site. SJC shall have no liability for:
Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.
SJC makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. SJC makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "SJC" shall include SIMMONS JEWELRY CO, Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
LIMITATION OF LIABILITY
Under no circumstances shall SJC be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally.
For purposes of this section, "SJC" shall include SIMMONS JEWELRY CO, Inc, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
SJC?S designated agent for notice of claims of copyright infringement related to Simmons Jewelry Company, Inc., is as follows:
Designated Agent:
Peter Berger, Esq.
Levisohn, Berger & Langsam, LLP.
805 Third Avenue, 19th Floor
New York, New York 10022
Phone (212) 486-7272 X 302
Fax (212) 486-0323
Email: pberger@LLBL.com
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to any of the SJC Properties must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
Information related to the work(s) reasonably sufficient for SJC to promptly locate the work (e.g. title of work, location within the SJC, etc.);
Information reasonably sufficient to permit SJC to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement requesting that SJC take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.