Terms of Use / Stafford's

1. Services and Conditions of Use

Welcome to Stafford's online Service. As part of our service, Stafford's agrees to provide you with quality gallery space, photography article reviews, resources and other computer services that Stafford's may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Stafford's may modify this Agreement at any time. You agree and continue to agree to use Stafford's Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.

2. Software Libraries and Copyrighted Materials

The downloading of copyrighted material is not allowed by Customers. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Stafford's and/or third-party content providers remain the owners of the posted materials, and that Customer can not acquire any of those ownership rights by downloading copyrighted materials. Downloading of said copyrighted materials and files, including photographs, resources, text, graphics, is strictly forbidden and will result in immediate termination of Customer's account at Stafford's.

3. Limitation Of Liability And Warranty

CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. STAFFORD'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROFOTOS ONLINE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, STAFFORD'S DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT STAFFORD'S IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER STAFFORD'S NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

4. Trademarks

Stafford's, Stafford's 3D Design Services, Stafford's Elegant Diamonds, and Stafford's are trademarks of Stafford's Jewelry. All other trademarks appearing on the Service are trademarks of their respective owners.

5. Notice

Stafford's may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in Stafford's account information, or by written communication sent by first class mail to a Customer's address on record in Stafford's account information. You may give notice to Stafford's (such notice shall be deemed given when received by Stafford's at any time by any of the following:

Electronic mail to support@staffordsdiamonds.com;
Letter telecopied to Stafford's at the following fax number: (937) 436-2852;
Letter delivered by first class postage prepaid mail or courier to Stafford's at the following address:

Stafford's
2555 State Route 725
Dayton, OH 45459

6. Indemnification

Customer agrees to indemnify and hold Stafford's harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Stafford's harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer.

7. Termination Of Service

User may terminate this Agreement and User's right to use the Service by sending a cancellation email to support@staffordsdiamonds.com. Stafford's may terminate your account or access rights to this Service at any time, without notice, for conduct that Stafford's believes violates this Agreement or other policies or guidelines that Stafford's has posted on a Stafford's service. Stafford's may terminate your account or access rights to this Service for online conduct that Stafford's believes is harmful to other Customers, to Stafford's business, or to other information providers.

8. Choice Of Law

This Agreement shall be construed and controlled by the laws of the State of Ohio. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Ohio. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Ohio.

9. Merger Clause

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Stafford's representatives and Customer. Stafford's may amend or modify this Agreement or impose new conditions at any time upon notice from Stafford's to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.