TERMS OF USE
About Daniel of Fifth Avenue and these Terms of Use
Daniel of Fifth Avenue (DBA), a branch of Diamond Market Corp., Inc., has its registered offices at 580 5th Avenue, Suite 317, 10036 New York, NY. The Platforms are owned and edited by Daniel Merin. Hereinafter referred to as, “DOFA.” and/or “Daniel’s.”
These Terms of Use govern your use of Daniel of Fifth Avenue websites and mobile applications (together the “Platforms”). In these Terms of Use, we use the term Daniel of Fifth Avenue (and "we", "us" and "our") to refer to the head office of “DOFA” at the registered address above and its affiliates.
Please read these Terms of Use carefully before using the Platform. By using the Platform, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platform.
Updates to these Terms of Use
We may make changes from time to time to these Terms of Use — so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you agree to be bound by the terms of these updates and amendments.
About our hosting services
Hosting Services for our website is provided by Squarespace as a partnership for new and affluent brands in 2020.
Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other company.
Our privacy policy
Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy.
Use of materials on the Platforms
Daniel of Fifth Avenue has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Daniel’s products displayed on the platforms are representative of the color, design and style, etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Daniel of Fifth Avenue cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit our headquarters for an in person consultation, and viewing prior to making a purchase online or by phone.
You may download one computer copy or print one copy of the material made available to you via the Platforms, or download any 3D samples made-to-order on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Daniel of Fifth Avenue Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any DOFA Material in any way for any public or commercial purposes. Furthermore, Daniel’s Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Daniel’s Material will automatically terminate and any copies made of Daniel’s Material must be immediately destroyed. Any unauthorized use of Daniel’s Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your submissions and unsolicited communications
This section concerns communications sent to Cartier. It does not concern the communication of personal information to Cartier in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to Daniel of Fifth Avenue via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Daniel Merin D/B/A, Daniel of Fifth Avenue. By sending communications to DOFA, you automatically grant DOFA a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Daniel of Fifth Avenue and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Furthermore, Daniel of Fifth Avenue enjoys a worldwide reputation for both the design and manufacture of jewelry, high jewelry, high quality luxury watches and diamond setting, and other fine-jewelry goods. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Daniel’s creations. As a result, Daniel of Fifth Avenue cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that DOFA may already be working on similar ideas and/or creations. Consequently, you are advised that Cartier is not interested in receiving ideas or other proposals relating to creations you may wish to submit.
Limitation of liability
This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.
Daniel of Fifth Avenue tries to ensure that the information provided is accurate and complete. However, Daniel of Fifth Avenue does not warrant or represent that Daniel’s Material is accurate, error-free or reliable or that use of Daniel’s Material will not infringe rights of third parties.
DOFA does not warrant that the functional and/or technical aspects of the Platforms or the DOFA Material will be error free or that the Platforms, DOFA Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or DOFA Material results in the need for servicing or replacing property, material, equipment, data or other element, Daniel of Fifth Avenue and its related parties are not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Daniel of Fifth Avenue and its suppliers make no warranties about DOFA Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.
To the fullest extent permitted by applicable law, Daniel of Fifth Avenue shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if DOFA has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
Trademark notice
In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Daniel of Fifth Avenue trademarks or are licensed for use by DOFA by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Daniel’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
Copyright notice
All content (including Daniel of Fifth Avenue Materials) on the Platforms are either Copyright © Daniel of Fifth Avenue or are licensed for use by Daniel Merin D/B/A/ Daniel of Fifth Avenue. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to Daniel of Fifth Avenue. The inclusion of any link to such third party sites does not imply endorsement by Daniel of Fifth Avenue of those sites. DOFA has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.
DOFA does not authorize linking to any of its Platforms from a third party platform without its express prior written authorization.
Termination and suspension
You agree that Daniel of Fifth Avenue may terminate or suspend your access to and use of the Platforms if Daniel of Fifth Avenue reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of DOFA, its affiliated companies or any third party, with or without notice to you. You agree that DOFA may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that DOFA will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.
General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Daniel’s products and services and in certain cases to present products for sale via a variety of means. Daniel of Fifth Avenue makes no representation that DOFA Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to DOFA Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Daniel of Fifth Avenue of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
Applicable law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the City of New York, in the state of New York, United States of America, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of New York are different to the mandatory consumer laws in your own country, we will afford you with similar protection.
Contact us
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
Certain functionality provided via this website may be covered by U.S. Patent 5,930,474.
Daniel of Fifth Avenue, Branch of Diamond Market Corp., Inc., 580 Fifth Avenue, Suite 317, 3rd Floor, New York, NY 10036