Website Use Terms & Conditions
Provider (referred to herein as "Have You Seen The Ring LLC", "HYSTR", "we", "our" or "us") reserves the right to change these terms and conditions at any time, and you agree that each visit you make to Provider's Web Site shall be subject to the current terms and conditions as published on our website at HaveYouSeenTheRing.com.
This Site is made available by Have You Seen The Ring LLC. These TOU apply to all visits to the Site both now and in the future.
The term "User" refers to you as a "visitor" to this site.
The site is an online marketplace where:
Sellers list or post products (which include but may but necessarily be limited to diamonds, engagement rings, watches, wedding rings, gemstone rings, earrings, necklaces and bracelets) (collectively "Items") for sale and solicit bids from potential buyers and potential buyers place bids on such postings or listings, respond to inquiries, and locate and connect with sellers directly in anticipation of a transaction. HYSTR only provides the venue for buyers and sellers to find and engage in a transaction. HYSTR never purchases, holds, or transfers title to any Item, it simply provides a service enabling individuals to sell and buy Items.
Do NOT provide personal information to other users. This includes but is not limited to; your name, contact phone number, email address and physical location.
Do NOT request other users to provide personal information. This includes but is not limited to; your name, contact phone number, email address and physical location.
Please click on the following link for a detailed description of the sales and purchase process contained in our Selling Guide.
If You Are a Seller
If you are a Seller, you agree that:
- You will truthfully and honestly represent the item you are listing for sale on HYSTR with entirely correct and accurate information
- You will truthfully and honestly provide entirely correct and accurate information when completing the required personal information section on your user account on HYSTR
- You will provide actual photographs of the item that you are listing for sale on HYSTR
- You will not amend or doctor any photograph that you post on HYSTR when listing an item for sale
- You will not list non-authentic, stolen, or misleading Items for sale on the HYSTR Website
- If you accept an offer from a buyer, you will send the exact item sold to HYSTR within two business days according to the process described in the Selling Guide
- You will not contact a buyer or any prospective buyer and negotiate outside the scope of the HYSTR Website
- You will not contact and negotiate with anyone who has seen or is aware of the item(s) you are listing for sale using HYSTR services
- You will abide by the rules and procedures contained the Selling Guide
If You Are a Buyer
If you are a Buyer, you agree that
- You will not make an offer on any Item without the intention to purchase that item at the offer price
- You will not use a stolen or unauthorized credit card to purchase an item. nor will I use a credit card for which the billing and shipping addresses differ.
- If an Item you purchased is lost or damaged during shipping, you will contact UPS or Fedex directly to resolve the matter. HYSTR will not be involved in such disputes. On receipt of an Item from HYSTR, you will not damage Item and later claim that the damage was already in existence before your receipt of the Item
- You will not contact a seller or any prospective seller to purchase or negotiate outside the scope of the HYSTR Website
- You will abide by the rules and procedures contained in the Buying Guide
No Endorsement of Third Party Content
Provider's Web Site contains links to and frames of sites that are not maintained by Provider. Provider is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in Provider's Web Site does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION CONTAINED ON PROVIDER'S WEB SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH PROVIDER'S WEB SITE AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON INFRINGEMENT. In no event shall Provider or its service Providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on Provider's Web Site, even if Provider has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site are not necessarily those of Provider or its service Providers, affiliates, associates, subsidiaries or partners and Provider makes no representations or warranties regarding that information or those opinions. Neither Provider or its service Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Provider hereby grants you a limited license to view on your computer, print, download and use any content made available on Provider's Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.
Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person's web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Provider or any other party who owns or has proprietary rights to the content, information and materials provided on Provider's Web Site.
We reserve the right to investigate any illegal and/or unauthorized uses of the HYSTR service. The appropriate legal action will be taken by HYSTR to ensure that such activity is terminated.
Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, logos, designs, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Provider or by other parties that have licensed their material to Provider. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Provider may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
Changes and Improvements to "Content"
The text, photographs, logos, illustrations, descriptions, data, and other material provided on HYSTR are referred to collectively as the "Content." The Content may contain errors or typographical errors or may be out of date. HYSTR may make changes, improvements, alterations or amendments to the content on the Site, including the terms and conditions of your use of this Web Site, without liability. All revisions and amendments will be effective upon posting notifications regarding the revisions and amendments on the site. You, the customer are solely responsible for reviewing the notice for any applicable changes. Any revision or amendment to referenced policies and guidelines may be posted without notice to you. You, the user, will be deemed to have agreed to all posted revisions or amendments by continuing to use the services provided by HYSTR. If you do not agree to any amendments to this agreement, then do not continue to use these services or this site.
If it is your true and honest belief that your work has been copied in a manner that constitutes copyright infringement or that you have been the subject of text found on the website which is either libelous, defamatory or which discloses private or personal matters concerning any person, we ask you to please provide HYSTR the following detail in writing:
- A physical or electronic signature of the authorized person who represents the owner of the copyright interest believed to be infringed, or the physical or electronic signature of person who has been subjected to slander.
- Your postal address, phone number, and email address
- A description of the copyrighted work that you believe has been infringed, or the slanderous material. We also require a description of where this material is located on the HYSTR website.
- A statement by you, verifying that are acting in good faith and have a bona fide belief that the use by a third party of your proprietary rights is not permitted by the copyright owner or by law, or that slanderous material referencing you has been posted on the HYSTR website.
- A statement that the information provided is correct and true, and that, under penalty of perjury, you are either the copyright owner or the party who was the subject of alleged slander, or that you are the authorized agent acting on behalf of the above.
Due to the nature of the Internet, it is not possible for Provider to restrict access to its web site only to those jurisdictions in which it does business. Some or all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from Provider. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.
Provider offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Provider intends to offer such service or programs in all countries or locations.
Unless otherwise specified, the materials contained in Provider's web site are presented solely for the purpose of buying and selling engagement rings and loose diamonds in the United States. This site is controlled and operated by Provider from its offices in the United States of America. Provider makes no representation that any of the materials contained in Provider's web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of Missouri and the parties hereby attorn to the jurisdiction of the courts of Missouri. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Provider appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by Provider's servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor's Internet service Provider. Collecting this information allows Provider to optimize the visitor's web site experience. E mail addresses and other personally identifiable data about visitors to this site are known to Provider only if and when voluntarily submitted by the visitor. All personal information collected by Provider is retained by Provider and not sold or otherwise provided to third parties. Provider sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Provider with their email addresses for specific purposes such as receiving newsletters or other information. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.
Many of Provider's web pages place a "cookie" in the browser files of a visitor's computer. The cookie itself does not contain any personal information. Although cookies enable Provider to relate a visitor's use of Provider's site to information that the visitor has specifically and knowingly provided, Provider does not do so for any sites specifically designed for and aimed at children. Provider believes that parents should supervise their children's online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.
By posting/sending a message in the public areas, chat rooms, bulletin boards, newsgroups or forums of Provider's site(s), you agree that all messages that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Provider. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Provider. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.
In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
- You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
- You may not interfere with other users' use of the web site.
- You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
- You may not post or transmit any message which is harmful, threatening, abusive or hateful. HYSTR reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.
- Any information provided to Provider shall be provided by the submitter and received by Provider on a non confidential basis. Provider will only accept submissions made by registered users of Provider. Provider shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Provider.
- You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes.
- You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
- You may not use any information obtained through the HYSTR Service in order to abuse, stalk, or otherwise harm another person, or in order to advertise to, contact, solicit, or sell to any HYSTR User, other than sales conducted on the Site, without that User's express prior written consent.
- You may not post any e-mail or materials that would be considered a violation of any law. Provider will co operate fully with any law enforcement authorities or court order requesting or directing Provider to disclose the identity of anyone posting any such e-mail or materials.
You agree to indemnify and hold harmless the HYSTR Parties and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from the utilization of the site and/or your breach of any of the foregoing provisions.
Submission of Ideas by Users
You agree to grant to Provider a non exclusive, royalty free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of Provider's site(s) or which you provide by email or any other means to Provider and in any media now known or hereafter developed. Further, you grant to Provider the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Provider for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Provider.
Communication and Disputes with Users; Release.
As a buyer or seller provided specifically for in the HYSTR TOU, you are solely responsible for your communication and interaction with other Users. Any dispute between any buyer and any seller or between any other user, or any buyer or seller and UPS, or between Seller or Buyer and any third party, including, without limitation, UPS, HYSTR is under no obligation to become involved, and you hereby release HYSTR, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the HYSTR Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."