Welcome to the Something Fine website (the “Site”), a website owned and operated by Something Fine (“Something Fine” or “We”).
The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively, the “Terms”) govern your use of, and any purchase of products or services from the Site.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SOMETHING FINE. BY USING THIS SITE, INCLUDING, WITHOUT LIMITATION, BY PURCHASING PRODUCTS OR SERVICES THROUGH THIS SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MUST STOP USING THE SITE.
Please be aware that Something Fine may revise these Terms from time to time, in its sole discretion, by updating this posting, effective as of the date of posting. Your continued use of this Site after such posting, including, without limitation, the purchase of products or services through the Site, constitutes your agreement to the changes, and no further notice to you is required. You are responsible for checking these Terms often for updates.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are the registered and/or unregistered Trademarks of Something Fine, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Something Fine or such third party that may own the displayed Trademarks.
USE OF CONTENT ON THE SITE; PROPRIETARY RIGHTS
The Site and all content on the Site (including, without limitation, Trademarks, application functionality, or any other digital media, designs, images, photographs, illustrations, texts and other materials, look and feel, and the selection and arrangement thereof) (“Content”), but excluding User Content (as defined below), are the property of Something Fine, and/or its licensors and are protected by copyrights, trademarks, or other proprietary rights. Without Something Fine’ express, prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post, publish, transmit or otherwise use or exploit any of the Content in any way for any purpose, including, without limitation, using the Content on any other website or in a networked computer environment. Notwithstanding the foregoing, you have the limited right to electronically view, copy or print pages from the Site for your personal, non-commercial use only, provided that you retain the copyright notice on each page. All rights are reserved.
RULES AND LIMITS ON AND MODIFICATIONS TO THE SITE
Something Fine reserves the right, for any reason, in our sole discretion and without notice to you, to terminate, change, correct errors in, suspend or discontinue any aspect of the Site, including, but not limited to, the Content, features and/or availability, and Something Fine will not be liable to you or any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.
PRODUCT IMAGE AND INFORMATION
We provide product image and information on this Site for your information and convenience. We use commercially reasonable efforts to display the products as accurately as possible on the Site. However, the display you see may depend upon your monitor and computer settings, which may affect color and size of the products. Also, some products may appear larger or smaller than their actual size in our photographs to show detail. We cannot and do not guarantee that the display will accurately portray the product featured on the Site, including its colors, size or other attributes. Also, products displayed may be out-of-stock or discontinued.
ACCURACY OF CONTENT AND PRICING INFORMATION
We use commercially reasonable efforts to avoid errors in pricing and product information. If a mistake does occur, we reserve the right to correct it. In the event of a pricing error, Something Fine will take one of the following actions: (a) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (b) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. In addition, due to the fluctuation in metal and diamond prices, product descriptions and availability can change quickly. Something Fine reserves the right, in its sole discretion, to make changes to the information contained herein, including to the products and prices described in the Site, at any time, without prior notice to you. Something Fine does not warrant the accuracy or completeness of the information for products made available for purchase on the Site. You acknowledge and agree that, while information on this Site is periodically updated, it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. We are not responsible or liable for any typographical error in our Content regarding price or any other matter on the Site. In no event shall Something Fine or its third party providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided on this Site. If you are dissatisfied with a product you purchased on the Site due to any errors or inaccuracies of information on the Site, as your sole and exclusive remedy and Something Fine’ sole and exclusive liability, you may return the product, unused, to Something Fine and receive a refund of your purchase price subject to your strict compliance with our return requirements and procedures. Please review our Return Policy for our requirements and procedures for the return of products you purchased on the Site.
Prices are quoted in U.S. dollars, are effective for U.S. purchases only and are subject to change at any time. Items in your shopping cart will reflect the most recent price displayed on the item’s product detail page. Prices are frequently updated to adjust for different reasons, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. Discounts are limited-time offers and are not valid with other offers. Something Fine reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. Quoted prices on product information pages do not include shipping and handling or applicable sales, use or similar taxes. These items will be calculated once you submit your request to purchase the products. You agree to pay the applicable product purchase price(s) plus additional calculated amounts, including all taxes applicable to any purchase, excluding taxes based on Something Fine’ net income. Title and risk of loss to all products you order pass to you upon our tender of the shipment to the shipping carrier. For further information on shipping, please see our Shipping Policy. Something Fine reserves the right to limit the quantity of items purchased through the website. Purchase requests for shipment outside the United States will not be filled. If you prefer not to order online, please call Something Fine at 1-800-295-1543 to place an order, or visit one of our stores near you.
You may be required to register in order to obtain or share information, to purchase products or services, or to use services or features of the Site. When registering, you agree to provide accurate and complete information as prompted by the applicable registration form and maintain and properly update the information. When registering, you will designate a user name and password connection with your use of the Site. You will be responsible for maintaining the confidentiality of your user name and password, and will be solely responsible for all activities that occur under your user name and password. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
YOUR SUBMISSIONS; USER CONTENT
You agree that any and all materials, including, but not limited to, questions, comments, images and other digital content, suggestions, ideas, drawings, notes or other information, regarding the Site, Something Fine or otherwise, and any content that you transmit or post on the Site (collectively, “User Content”) (other than personal information submitted in non-public areas or as part of your order request) may be used by Something Fine and licensed to others by Something Fine, for any purpose, commercial or otherwise, without acknowledgement or compensation to you, and User Content will not be treated as confidential information. Accordingly, by submitting and/or posting such User Content to the Site, you will and hereby grant to Something Fine a worldwide, royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use the User Content for any lawful purpose, and reproduce, modify, create derivative works of, adapt, edit, translate, publish, distribute, perform, broadcast, transmit, display, exploit and otherwise use such User Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. By transmitting or posting User Content on the Site, you represent that you are the sole owner of such content and/or that you as a licensee, have been granted by the owner all unencumbered, transferable permissions and rights necessary, including, without limitation, releases, consents, and rights to publicity to post such content. Further, if your User Content contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image.
Something Fine does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content on the Site or endorse any opinions expressed by users. Further, posting User Content to Something Fine’ Site does not represent an endorsement of products or services that may be depicted in such User Content or any component thereof. You acknowledge that any use of or reliance on User Content is at your own risk. Something Fine takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Something Fine has no obligation to use, screen, edit or monitor any User Content, but Something Fine reserves the right, in its absolute discretion, to use, remove, screen or edit any User Content at any time and for any reason without notice.
Upon receiving a request from the User Content owner or licensee, and proof of rights to the User Content, Something Fine will remove from its Site any User Content that was posted by the rights holder; however, Something Fine will not be responsible for User Content that may have been copied from the Something Fine Site or that may have been shared via other digital channels with other sites, including, without limitation social media websites, or other public or private websites.
Additional terms and conditions may apply to certain submissions of User Content. These additional terms will be posted on the page where you make the submission and will control over any conflicting provisions in these Terms.
As a user, you are solely and entirely responsible for your own User Content and are responsible for the consequences of your posting of such User Content. In connection with your access to or use of this Site, you will not under any circumstances:
1. Upload, post, distribute, publish or otherwise transmit materials that are copyrighted or covered by other proprietary or intellectual property rights, unless you own such rights or have the permission of the owner(s) to post it;
2. Upload, post, distribute, publish or otherwise transmit material that violates any law or infringes on the privacy or publicity rights of others, or that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing to another user or any other person or entity, or otherwise objectionable;
3. Upload, post, distribute, publish or otherwise transmit any sexually-explicit or other adult materials;
4. Upload, post, distribute, publish or otherwise transmit any advertisements, promotional materials, “junk mail,” “spam,” chain letters, pyramid schemes or any form of solicitation;
5. Impersonate another person or entity, misrepresent your affiliation with any person or entity, or forge headers or other identifiers to disguise the origin of content transmitted through the Site;
6. Attempt to access or use, without authorization, any secure or non-public areas of the website or any service, materials, accounts, systems or networks, through hacking, password mining or any other means;
7. Upload, post, distribute, publish or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or permit unauthorized access to, any data, software or hardware;
8. Use the website in a manner that could damage, disable, overburden or impair Something Fine or its service provider’s server, or the networks connected to the servers, or interfere with any other party’s use and enjoyment of the Site;
9. Harvest, collect or store information about the users of the Site or the content posted by others on the Site or otherwise engage in any systematic extraction of data or data fields, including but not limited to e-mail addresses; or Frame or link to the Site.
You agree to comply with all treaties, laws, rules and regulations applicable to your use of the Site.
Something Fine, in its sole discretion, may terminate your access to and/or use of this Site if it believes that you have violated or acted inconsistently with these Terms, violated the rights of Something Fine or any third party, or for any reason with or without notice to you.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT SOMETHING FINE WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SOMETHING FINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF ANY KIND, RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET OR DEVICE FAILURE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS. IN ANY EVENT, SOMETHING FINE’ ENTIRE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE LESSER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT OF PURCHASES YOU MADE THROUGH THIS SITE FOR THE THREE (3) MONTH PERIOD PRIOR TO THE OCCURRENCE UPON WHICH YOUR CLAIM IS BASED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOMETHING FINE, ITS AFFILIATES’, BUSINESS PARTNERS’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW OF SAID JURISDICTION.
LINKS TO THIRD PARTY SITES
You agree to indemnify, and hold harmless Something Fine and its affiliates, business partners, and its and their officers, directors, employees, independent contractors, and agents, from and against any third-party claims, actions, demands, costs, liabilities and expenses, including, without limitation legal and accounting fees, arising from or relating to your use of this Site, your breach of these Terms, or your posting or transmission of User Content, including without limitation, any third party claim that the User Content you uploaded or posted infringes any copyright, trademark, trade name or patent right of a third party, defames or invades any right of publicity or privacy or otherwise infringes any other proprietary right.
ALL USERS OF THIS SITE ACKNOWLEDGE AND AGREE THAT SOMETHING FINE AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY, DAMAGES, AND COSTS FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITE, INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, RIGHT OF PUBLICITY, INJURY TO TANGIBLE PROPERTY OR REPUTATION, WRONGFUL DEATH AND PERSONAL INJURY. SOMETHING FINE RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THE SITE.
Something Fine respects the intellectual property rights of others. Accordingly, Something Fine has a policy of terminating, in appropriate circumstances, the account of any user who repeatedly posts infringing material on this Site. Pursuant to the Digital Millennium Copyright Act (the “Act”), Something Fine has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the Act. If you believe your copyright is being infringed by a user of this Site, please forward the following to Something Fine’ designated copyright agent below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Something Fine’ to locate the material.
4. Information reasonably sufficient to permit Something Fine’ to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
218 Main Street
Seal Beach, CA 90740
CONSENT TO PROCESSING
By providing any personal information to the Site, all users (including without limitation users in the European Union) fully understand and unambiguously consent to the collection, processing, transfer, and storage of such information in the United States and any other country where Something Fine or its service providers maintain offices.
OUR CONTACT INFORMATION
218 Main Street, Seal Beach, CA 90740
Effective Date: April 30, 2015.