Acceptable Use Policy
By using the Site, you agree to comply with this Acceptable Use Policy (the “Policy”) and to indemnify Precious 7 against any claims by third parties arising from your violation of the Policy. You must exercise judgment and responsibility with respect to your use of our Site. You may only use the Site for lawful purposes and may not use the Site to harm others.
Without limiting the generality of the foregoing, you acknowledge and agree that you will not:
Use the Site in violation of any local, state, federal or international law or regulation, including those governing Precious 7’s business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity, spamming, and privacy;
Use the Site in a manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity;
Use the Site in a manner that presents a security risk or that may interfere with the operation of the Site;
Use the Site to engage in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information;
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, as determined by Precious 7 in its sole discretion. Precious 7 takes no responsibility for monitoring such content or in evaluating it;
Post advertisements, solicitations of business, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
Impersonate another person;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
Allow any other person or entity to use your identification for posting or viewing comments;
Harass, threaten, stalk, or abuse any person;
Engage in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Precious 7, exposes Precious 7 or any of its customers or suppliers to any liability or detriment of any type;
Introduce viruses, worms, corrupted data or any other computer programming routines that damage, interfere with, intercept, or expropriate any system, data, or personal information;
Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means;
Reproduce, reverse engineer, reverse assemble, copy, or otherwise attempt to discover the source code, distribute, transmit, display, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or services;
Access the Site or services by any means other than through the standard industry-accepted or Precious 7-provided interfaces;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Delete or revise any material posted by any other person or entity;
Manipulate or otherwise display the Site and/or services by using framing or similar navigational technology;
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any Precious 7 product or service if you are not expressly authorized by such party to do so;
Use the Site and/or the services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site or services in any manner that could damage, disable, overburden or impair Precious 7's servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the services. Furthermore, you may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to Precious 7 through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or services; or
Assist or permit any person to engage in any of the activities described above.
When purchasing any products or services that may be offered on the Site, you agree to provide Precious 7 with information that is accurate, complete, and current. You are responsible for all charges incurred through your account as well as for paying any applicable taxes.
Site Content Modification
Precious 7 reserves the right to change, move, or delete portions of, or may add to the Site from time to time and without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
Linked Sites Disclaimer
For your convenience, our Site may provide links to web sites that are not operated by Precious 7. Precious 7 does not endorse, approve, or sponsor the linked site or any information, products, or services contained in such site. We are not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any linked sites. You acknowledge and agree that Precious 7 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through these linked sites. If you choose to follow links to these sites and their products or services, we suggest that you carefully review their individual Terms and Conditions and Privacy Policies.
Third Parties Disclaimer
Your participation, correspondence or business dealings with any third party found on or through our Sites and Services, regarding payment and/or delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Precious 7 shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
This Agreement is effective unless and until terminated by either you or Precious 7. You may terminate this Agreement at any time. Precious 7 may terminate this Agreement at any time without notice and terminate your password, account (in whole or in part), or use of the Site or services, and remove and discard any content within the Site, at any time and for any reason, if in Precious 7's sole discretion you fail to comply with any of the Terms and Conditions of this agreement. You agree that any actions taken under this section may be effective without prior notice to you. A termination by Precious 7 under the previous sentence shall not limit Precious 7’s other rights and remedies available under law or equity. Upon any termination of this agreement by either you or Precious 7, you must discontinue all of use of this Site and our products and promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this agreement or otherwise. In the event of termination, those sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
You agree to indemnify, defend, and hold Precious 7 and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, actions, demands, liabilities, settlements, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Precious 7 or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Site and/or the services. This section shall survive in the event this Agreement is terminated for any reason.
The Site and its content are provided on an "as is" basis. To the fullest extent permitted by law, Precious 7, its licensors, and its suppliers, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions. We may correct errors, inaccuracies, or omissions and change or update information at any time without notice. We apologize for any inconvenience this may cause you. Notwithstanding the foregoing, Precious 7 makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Precious 7 cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Precious 7 cannot and does not guarantee or warrant that files available for downloading from this site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Precious 7 cannot and does not guarantee or warrant that any content you post on the site will remain on the site. Precious 7 does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the site will be corrected.
Limitation of Liability
Precious 7's entire liability and your exclusive remedy with respect to any dispute with Precious 7 is to discontinue your use of the site. You expressly agree that your use of this website is at your sole risk. Precious 7 does not warrant the information, products or services included on or otherwise made available to you through the Site are free of harmful components. Precious 7 and its vendors will not be liable for any damages of any kind arising from the use of this Site or from any information, products or services included on or otherwise made available to you through the Site, including, but not limited to direct, indirect, special, incidental, punitive, exemplary and consequential damage arising from your use of the site or for any other claim related in any way to your use of the site. These exclusions for damages include, without limitation, damages for health-related issues, lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if Precious 7 had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Precious 7's and its vendors' liability shall be limited to the extent permitted by law.
Notwithstanding any other provision in this Agreement, you agree that Precious 7’s liability to you for any reason shall not exceed the amount you pay to Precious 7 for its products.
Intellectual Property and Copyright Policy
You acknowledge and agree that the Site and services contain proprietary and confidential information (“Proprietary Information”) that is protected by applicable intellectual property, copyright, trade dress and other laws, and are the sole property of Precious 7 or its licensors. Properietary Information includes, but is not limited to, all materials, images, illustrations, designs, icons, photographs, video clips, testimonials, and other materials that appear as part of this Site or any other affiliated platforms.
You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Precious 7 or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. All other marks, names, and copyrighted materials used herein are the property of their respective owners.
Proprietary Information on our Site and affiliated platforms and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise or services from our site) use by the users of the Site. You may download or copy the Proprietary Information and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Proprietary Information, the Site, or any related software.
If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from the Site or affiliated platforms by contacting Precious 7 (as set forth in the Notice section) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
Notwithstanding the foregoing, any notification by a copyright owner or a person authorized to act on its behalf shall comply with requirements of the Digital Millennium Copyright Act of 1998 (the "DMCA"). Any notification that fails to do so shall not be considered sufficient notice and shall not be deemed to confer upon Precious 7 actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Precious 7 a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Please see http://www.loc.gov/copyright for details.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
In an effort to protect the rights of copyright owners, Precious 7 maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the site who are repeat infringers.
You agree that Precious 7 may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Precious 7’s products or services, or for such other purpose(s) as Precious 7 deems appropriate. You may be able to change some of these notification settings.
If any provision of this Agreement shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
A failure on the part of Precious 7 to enforce any part of this agreement shall not constitute a waiver of any of Precious 7's rights under this Agreement, whether for past or future actions on the part of any person. Only a specific written waiver signed by an authorized representative of Precious 7 shall have legal effect.
By registering to use the site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the site in accordance with these Terms and Conditions.
This Agreement is governed by the laws of the State of Connecticut, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in Greenwich, CT, in all disputes arising out of or relating to the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any disputes that arise from these Terms and Conditions or from any products or services you receive from us will be resolved by arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will take place in New York, NY and will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action, even if AAA's rules provide otherwise.
Precious 7 may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Precious 7 account. You may give notice to Precious 7 at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Calliope Studios Inc., 517 East Putnam Avenue, Greenwich, CT. 06830.
Nature of Agreement
You agree that no joint venture, partnership, or employment relationship exists between you and Precious 7 as a result of this Agreement or use of the Site. This Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Precious 7’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Precious 7 with respect to such use.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Precious 7 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Precious 7 with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.