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PLEASE READ THIS DOCUMENT IN ITS ENTIRETY AND
CAREFULLY.
This Terms of Use Agreement ("Terms of Use") applies to the use of the
Direct Shopping Network website(s) located at http://www.dsntv.com (the
"Site"). Before the User makes any purchases, the User must first
establish a customer account ("My Account"). BY CLICKING (SELECTING) "I
HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," THE USER AGREES TO
THESE TERMS OF USE. IF THE USER DOES NOT AGREE, PLEASE DO NOT CLICK ON THE
BUTTON AND DO NOT USE THIS SITE.
Product Images
Direct Shopping Network has used its best efforts to accurately depict the
colors of the products offered on this site. However, the limitation
availed by computer monitors and browsers limit any defined accuracy,
therefore Direct Shopping Network cannot guarantee that the color seen by
the User will be accurate. Products may appear larger or smaller than
their actual size depending on your monitor. Some photographs have been
enlarged to show detail. In an effort to reasonably maintain this website
some photographs of specific items may not be the actual item; however the
description, size, weight, color, clarity, shape, material, phenomena,
measurements are that of the specific item.
Right to Access
Direct Shopping Network grants the User a limited access to this Site for
the purpose of purchasing items and personal education with respect to
jewelry and gemstones. The User is prohibited from downloading any portion
of this Site including but not limited to text, descriptions, photographs,
illustrations and images other than page caching. The User is prohibited
from modifying the Site, or any portion of it, except with express written
consent of Direct Shopping Network. The Site has built-in features which
allow certain items to be e-mailed to the User’s friends, family,
co-workers and such; please only use this feature for its intended purpose
of alerting others of specific products and our wonderful pricing. The
access granted to this Site does not allow for any resale or commercial
use of this site or its contents; nor does it authorize any collection or
use of any product listings, descriptions, or prices; any derivative use
of this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This Site
or any portion of this Site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Direct Shopping Network. Users are
prohibited from framing or utilize framing techniques to enclose any
portion of this Site including but not limited to trademarks, logos, or
other proprietary information without express written consent from Direct
Shopping Network.
Changes to Terms of Use
Direct Shopping Network reserves the right, at its sole discretion, to
change, add or remove any parts of this Terms of Use, at any time. It is
the User’s responsibility to read and agree to abide by any and all
changes made to the Terms of Use each time before using the Site. The
User’s continued use of the Site following the posting of changes by
Direct Shopping Network will represent that the User accepts and agrees to
the modifications. The User agrees that all subsequent purchases by the
User will be governed by the terms and conditions of the Terms of Use
posted on the Site as on that same day, which will apply until Direct
Shopping Network posts any new and/or modified Terms of Use. As long as
the User complies with the Terms of Use and any such modifications, Direct
Shopping Network grants the User a personal, non-exclusive,
non-transferable, non-sub licensable, limited privilege to enter and use
the Site.
Content; Copyright and Trademark Notice
All software, templates, text, images, graphics, user interfaces,
photographs, trademarks, logos, artwork and other content on the Site
(hereinafter collectively known as "Content"), including but not limited
to the design, arrangement, and coordination of such Content on the Site
which is owned or licensed by or to Direct Shopping Network, and is
protected by copyright, trade name, and trademark laws, and other
intellectual property rights laws. No portion of this Site or its Content
may be reproduced, recorded, retransmitted, sold, rented, broadcast,
distributed, published, uploaded, posted, publicly displayed, altered to
make new works, performed, digitized, compiled, translated or transmitted
in any way to any other computer, website, medium or for any commercial
purpose, without the prior written consent of Direct Shopping Network.
Direct Shopping Network reserves all rights included those rights not
expressly stated herein. Direct Shopping Network disclaims all
responsibility and liability for uses by the User of any Content obtained
on or in connection with the Site.
DIRECT SHOPPING NETWORK is a registered trademark of Direct Shopping
Network. All custom graphics, icons, logos and service names are
trademarks, or service marks of Direct Shopping Network. All other
trademarks or service marks are property of their respective owners. The
use of any Direct Shopping Network trademark or service mark without
Direct Shopping Network's express written consent is strictly prohibited.
Registration, My Account
In order to purchase product and/or services offered on or through the
Site requires the User to establish a “My Account”. The User is
responsible for maintaining the confidentiality of the User’s specific My
Account information, including but not limited to the User’s login name,
password, and for all activity that occurs under the User’s account. The
User agrees to immediately notify Direct Shopping Network of any
unauthorized use or suspicious correspondences related to the User’s
account, password, or any other breach of security. To notify Direct
Shopping Network in reference to the aforementioned please e-mail us at
notifyus@dsntv.com . The User may be held liable for losses incurred by
Direct Shopping Network or any other user of the Site resulting from
others using the User’s login name, password and/or customer account. The
User is only authorized person to use his or her password or customer
account. The User may not attempt to gain any other access to the Site. In
the event that the User attempts to gain unauthorized access to the Site,
or assist others in making such attempts the User’s customer account “My
Account” will be terminated. The User agrees to provide Direct Shopping
Network with accurate, current and complete information about the User and
the User’s billing information as directed by the Site’s registration
process. The User must update all of the User’s My Account information at
the time of any new purchase or return.
The User agrees that Direct Shopping Network may without prior notice and
at its sole discretion, terminate the User’s access to the Site and the
User’s My Account for any reason, including without limitation:
a) Violations of this Terms of Use
b) Failure to pay for purchases
c) Attempts to gain unauthorized access to the Site
d) Assistance to others attempting to gain unauthorized access to the
Site.
e) Material modification of the Site or any service offered on or through
the Site
f) Suspected or actual copyright infringement
g) Unanticipated operational difficulties during the User’s use
h) Emails containing but not limited to profanity, or viruses
i) Circumvent software features limiting use of or protecting confidential
information.
j) Requests by law enforcement agencies
k) Requests by Government agencies
The User agrees that Direct Shopping Network will not be liable to the
User or to any third party for termination of the User’s access to the
Site.
Reviews and Comments
Users may from time to time be permitted to post reviews and comments that
may be posted on the Site at the sole discretion of Direct Shopping
Network. Users may also submit suggestions, ideas and questions; however
all content must be free of obscenity, false statements, defamatory
content, invasive privacy issues, infringements of intellectual property
rights, political campaigning, solicitation, or otherwise injurious to
third parties or socially objectionable. All e-mails must be free of
software viruses and any form of Spam. Users must use their own current
e-mail address and are prohibited from impersonating any person or entity,
or otherwise mislead as to the origin or author. Direct Shopping Network
reserves the right to remove or edit such content. The opinions and
comments posted by third parties on the Site are not necessarily the
opinions of Direct Shopping Network assumes no liability and/or
responsibilities for any content posted by any User or third party
Users that post content or comments and unless indicated clearly in
writing otherwise, the User grants Direct Shopping Network a nonexclusive,
royalty-free, perpetual, irrevocable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and
display such content throughout the world in any media. You grant Direct
Shopping Network and its affiliates and sublicensees the right to use the
name that you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the rights
to the content that you post; that the content is accurate; that use of
the content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify Direct
Shopping Network or its affiliates for all claims resulting from content
you supply. Direct Shopping Network has the right but not the obligation
to monitor and edit or remove any activity or content. Direct Shopping
Network takes no responsibility and assumes no liability for any content
posted by you or any third party.
Misuse of the Site
The User may not use any automatic device, software, algorithm,
methodology, or any similar process, to access, acquire, copy, probe, test
or monitor any portion of the Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or
any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Site. The User agrees that the User will not cause any unreasonable or
disproportionately large load on the Site and/or its network by the User’s
actions.
Update Credit and Shipping Information
The User is provided the ability to designate a different credit card to
be billed, or change the applicable expiration date on the User’s
currently designated credit card, by clicking on the My Account button and
selecting the appropriate link.
Consent To Collection, Use and Disclosure of The User’s Personal
Information.
Specifics to Direct Shopping Networks Privacy Policy can be found at
http:/www.dsntv.com/privacypolicy.html.
The User must disclose certain Personally Identifiable Information to use
this Site and make purchases. As a condition of any purchases of products
and/or services, the User represents that the User has read in its
entirety our Privacy Policy and consents to the collection, use and
disclosure of the User’s Personally Identifiable Information and
Non-Personally Identifiable Information as described in our Privacy
Policy. Our Privacy Policy's terms and conditions will change from time to
time, and as a condition of browsing the Site, using any features or
making any purchase, the User agrees that he or she will first review our
Privacy Policy prior to making any initial or subsequent purchases.
Direct Shopping Network takes reasonable steps to safeguard and to prevent
unauthorized access to the User’s personal information, Direct Shopping
Network cannot be responsible for the acts of those who gain unauthorized
access, and Direct Shopping Network makes no warranty, express, implied,
or otherwise, that we will prevent unauthorized access to the User’s
private information.
IN NO EVENT SHALL DIRECT SHOPPING NETWORK BE LIABLE FOR ANY DAMAGES,
WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR
OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S
UNAUTHORIZED ACCESS TO THE USER’S PERSONAL INFORMATION, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR
OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DIRECT
SHOPPING NETWORK WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE
POSSIBLE.
Consent To Communicate through E-Mail
By establishing a “My Account” with Direct Shopping Network or sending
e-mails to DSN, the User is communicating with us electronically. The
User’s action of using and/or purchasing product from this Site requires
that the User grant permission to Direct Shopping Network to contact the
User at the User’s e-mail address. As a condition of use of this Site the
User agrees to receive communications from Direct Shopping Network
electronically. The User agrees that all agreements, notices, disclosures
and other communications that Direct Shopping Network provides to the User
electronically satisfies any legal requirement that such communications be
in writing. To stop receiving our marketing emails, please use the
provided e-mail form NO THANK YOU or e-mail us at nothankyou@DSNtv.com or
follow the “No Thank You” instructions provided within our marketing
emails.
Conditions of Sale
To purchase any goods and/or services from Direct Shopping Network, the
User must
a) be at least eighteen (18) years of age
b) be a resident in one of the 50 states of the United States of America,
exclusive of its commonwealths, territories and possessions, prior to the
purchase of any goods or services on our Site.
Conditions of Payment Terms
The User must provide Direct Shopping Network with a valid credit card
number and associated payment information including all of the following:
a) The User’s name as it appears
b) The User’s credit card number
c) The credit card type
d) The date of expiration
e) Any activation numbers or codes displayed on the credit card.
By submitting that information to Direct Shopping Network, the User hereby
agrees that the User authorizes Direct Shopping Network to charge the
User’s card within thirty (30) days of the credit card authorization. All
sales of products and services are final. All charges from those sales are
nonrefundable.
Methods of Payment, Credit Card Terms
All payments must be made by VISA, MasterCard, American Express or through
Pay Pal. In the event that Direct Shopping Network makes a special
circumstance exception to accept another form of payment, the User hereby
agrees to all restrictions, terms and conditions associated with such
payment. The User’s card issuer agreement governs the User’s use of the
User’s designated card, and the User must refer to that agreement and not
this Terms of Use to determine the User’s rights and liabilities as a
cardholder.
THE USER, AND NOT DIRECT SHOPPING NETWORK, ARE RESPONSIBLE FOR PAYING ANY
UNAUTHORIZED AMOUNTS BILLED TO THE USER’S CREDIT CARD BY A THIRD PARTY.
The User agrees to pay all fees and charges incurred in connection with
the User’s purchases, including all applicable taxes, at the rates in
effect when the charges were made. Unless the User notifies Direct
Shopping Network in writing via certified U.S. Mail of any discrepancies
within sixty (60) days after the first appearance of the discrepancy on
the User’s credit card statement, the User agrees that the purchase and
reported charges will be deemed accepted by the User for all purposes. If
Direct Shopping Network does not receive payment from the User’s credit
card issuer or its agent, the User agrees to pay all amounts due upon
demand by Direct Shopping Network or its agents.
Taxes
The User is responsible for paying any governmental taxes imposed on the
User’s purchases, including, but not limited to, sales, use or value-added
taxes. Direct Shopping Network shall automatically charge and withhold the
applicable sales tax for orders to be delivered to addresses within
California and any other states or localities that it deems is required.
Order Acceptance
The User’s receipt of an electronic or other form of order confirmation
does not signify our acceptance of the User’s order, nor does it
constitute confirmation of our offer to sell. Direct Shopping Network
reserves the right at any time after receipt of the User’s order to accept
or decline the User’s order for any reason. Direct Shopping Network
further reserves the right any time after receipt of the User’s order,
without prior notice to the User. The User’s order will be deemed accepted
by Direct Shopping Network upon its delivery to the selected third party
carrier. All orders placed over $500.00 (Five Hundred US Dollars) will
require a Direct Shopping Network pre-approval as established by our
credit and fraud avoidance department. We may require additional
verifications or information before accepting any order and require an
acceptable method of payment.
Modifications to Prices
DIRECT SHOPPING NETWORK RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS
PRICES AND BILLING METHODS FOR PRODUCTS AND/OR SERVICES, EFFECTIVE
IMMEDIATELY UPON POSTING THOSE CHANGES ON THIS SITE OR BY E-MAIL DELIVERY
TO THE USER.
No Responsibility To Sell Wrongly Priced Products Or Services
Direct Shopping Network reserves the right to refuse or cancel any orders
placed for products and/or services listed at an incorrect price, rebate
or refund, or containing any other incorrect information or typographical
or computer generated errors. Direct Shopping Network reserves the right
to refuse or cancel any such orders whether or not the order has been
confirmed and the User’s credit card charged. In the event that the User’s
credit card is charged for the purchase and the User’s order is canceled,
Direct Shopping Network shall immediately issue a credit to the User’s
credit card account in the full amount of the charge.
Price Comparisons, "List Price" and "You Save".
Price comparisons are made throughout the Site to indicate the comparative
savings between conventional jewelry stores and Direct Shopping Network.
"Suggested Retail Price" is the Suggested Retail Price provided to Direct
Shopping Network by our suppliers. The Suggested Retail Price is a
comparative price estimate and may or may not represent the prevailing
price for all jewelry stores in every area on any particular day. Direct
Shopping Network makes no representation that any specific number if any
of these products have been sold or offered for sale at the Suggested
Retail Price. Actual retail prices in the User’s area may be substantially
different. "YOU SAVE” reflects the difference between the DSN Price,
“Direct Shopping Network Price” and our supplier’s provided Suggested
Retail Price. Because the Suggested Retail Price may be different than the
actual price, the User may not actually realize a savings of this amount
and Direct Shopping Network encourages the User to make his or her own
assessment by checking the prices of local retail jewelry stores prior to
making a purchase.
Service and Support for Goods Sold.
All requests for products that carry a warranty including but not limited
to watches should be made directly to the manufacturer in accordance with
their terms and conditions.
Indemnification
The User agrees to indemnify and hold harmless Direct Shopping Network and
its officers, directors and employees from any and all claims or demands,
including reasonable attorneys' fees, made by any third party arising out
of and/or related to the User’s violation of this Terms of Use, or the
User’s violation of any law, regulation or third-party right.
Applicable Law
By visiting this Site, you agree that the laws of the state of California,
within the county of Los Angeles, without regard to principles of conflict
of laws, will govern these Conditions of Use and any dispute of any type
that may arise between the User and Direct Shopping Network.
Disclaimer of Warranties
THE SITE, PRODUCTS, SERVICES AND INFORMATION ARE PROVIDED "AS IS." ALL OF
DIRECT SHOPPING NETWORK'S PHYSICAL PRODUCTS ARE GUARANTEED ONLY AGAINST
MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS
EXPRESSLY STATED HEREIN, DIRECT SHOPPING NETWORK EXPRESSLY DISCLAIMS ALL
WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO OR REFERENCED BY THE DIRECT SHOPPING NETWORK SITE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES.
Infringement Notification
Direct Shopping Network has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with State and Federal laws. Direct Shopping Network respects
the intellectual property of others and we ask other to do the same. If
the User believes that the User’s copyright has been infringed through the
Site, please contact our "Legal Department", via U.S. Mail at:
Attn: Legal Department, Direct Shopping Network Inc., 1239 Glendale
Avenue, Glendale, California 91205.
Any written notice describing the infringing activity must include the
following information:
a) An electronic or physical signature of the person authorized to act on
behalf of the owner of an exclusive that is allegedly infringed;
b) A description of the allegedly infringing work or material;
c) A description of where the allegedly infringing material is located on
the site;
d) Information reasonably sufficient to allow Direct Shopping Network to
contact the User, such as the User’s address, telephone number and e-mail
address;
e) A statement by the User that the User have a good faith belief that the
disputed use of the material is not authorized by the copyright or other
proprietary right owner, its agent, or the law; and
f) A statement by the User that the above information and notification is
accurate, and under penalty of perjury, that the User are the copyright
owner or authorized to act on behalf of the owner whose exclusive right is
allegedly infringed.
Notices
Agent for notice of all claims or other legal documents should be
delivered as follows:
Direct Shopping Network, LLC
Attn: Legal Department
1239 Glendale Avenue
Glendale, CA 91205
General
No delay or failure to take action under this Terms of Use shall
constitute any waiver by Direct Shopping Network of any provision of this
Terms of Use. If any provision of this Terms of Use is deemed invalid
and/or unenforceable under applicable law, it is, to that extent deemed
enforceable to the fullest extent possible and severable in the event such
provision is completely unenforceable and the remaining provisions of this
Terms of Use will continue in full force. This Terms of Use will bind and
inure to the benefit of Direct Shopping Network's permitted successors and
assignees. Any claim under these Terms of Use must be brought within one
(1) calendar year after the cause of action. This Terms of Use shall be
governed by the laws of the State of California without regard to or
application of any conflict of laws provisions and the User consent to the
exclusive jurisdiction of the state and federal courts sitting in Los
Angeles County, in the State of California. This Terms of Use is personal
to the User and may not be transferred, assigned or delegated to anyone.
Any attempt by the User to assign, transfer or delegate this Terms of Use
shall be null and void. Direct Shopping Network may freely assign this
Terms of Use without consent or notice. This Terms of Use includes but is
not limited to all documents expressly incorporated herein by reference,
and to the relevant Usage Rules constituting the complete and exclusive
agreement between Direct Shopping Network and the User with respect to the
subject matter hereof and supersedes all prior oral or written
understandings, communications or agreements not specifically incorporated
herein.
THE USER’S ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS
INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE
RESPONSIBILITY OF DIRECT SHOPPING NETWORK. THE USER ACKNOWLEDGES AND
AGREES THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND
LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF
RISK, INCLUDING WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND
FUNDAMENTAL BREACH OF THIS TERMS OF USE, THAT IS AN ESSENTIAL BASIS OF THE
AGREEMENT BETWEEN THE PARTIES
Last modified: December 19, 2005
Direct Shopping Network
1239 Glendale Avenue
Glendale , CA 91205
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