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| Neglia Services™ User Agreement
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Welcome to Neglia Services™. We maintain this web site as a valuable service and resource to our members. By using our site, you are agreeing to comply with and be bound by the following terms of use. We strongly recommend that you review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.
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A "Registered User/Member" is anyone who establishes or accesses a connection to the Neglia Services™ web site for any purpose.
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Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between you, and us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. We may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should, and it is indeed recommended, review this Agreement prior to using the Site. The terms “Jewelry” or “Insurance” used throughout this User Agreement shall be defined as, and include any and all items that may be registered and listed under or as any one of the categories set forth in the “Theme” and/or “Medium” sections of this Site.
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Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, patents, and other proprietary intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Further, the copy, use, redistribution or publication of any of “Neglia Services”™ products is strictly prohibited. You do not acquire ownership rights to any products purchased from Neglia Services by you as a result of registration of a work of art. All Neglia Services products, including but not limited to tags, readers, or other Jewelry products are the intellectual property of Neglia Services, LLC. Any unauthorized use or copying of any of Neglia Services™ products purchased or otherwise obtained without the written permission of Neglia Services, LLC., may result in legal action against you.
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Trademarks. Neglia Services™ and the Neglia Services Logo are registered trademarks of Neglia Services, LLC. Neglia Services™ and Helping Bring Order to the World of Jewelry and Art™ are trademarks of Neglia Services and the Global Fine Art Registry, LLC. Other product and company names mentioned or referenced on the Site may be trademarks of their respective owners.
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Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Neglia Services, LLC, owns the copyright and trade dress in the overall design and layout of the Site and the products offered which are protected pursuant to 17 U.S.C. Sections 101 et. seq. and 15 U.S.C. Sections 1125(a) et. seq.
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Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, images, information or other content appearing on the Site.
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Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
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Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
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Registering, Listing, and Selling. To be permitted to register, or list for sale Jewelry in Neglia Services Auction Sale Gallery, all items must first be formally registered with Neglia Services, and the Registered User/Member must be in good standing with Neglia Services. BY USE OF THIS SITE, REGISTERED USER/MEMBER EXPRESSLY WARRANTS THAT REGISTERED USER/MEMBER HAS LEGAL RIGHT, TITLE, AND INTEREST TO ALL WORKS OR OTHER OBJECTS REGISTERED IN THE NEGLIA SERVICES DATABASE BY THE USER/MEMBER. Registered User/Member warrants and represents that it has the right to provide the information to Neglia Services for display on the Site, for archival data purposes, and for use by Registered User/Member pursuant to the terms and conditions herein. Registered User/Member warrants and represents that they have not assigned or silenced any conflicting rights to anyone else. Neglia Services™ is a symbol of integrity. As Neglia Services makes no guarantee of the accuracy or authenticity of any images or information provided by Registered User/Members and does not warrant the value of any original art or collectible registered on the Site, Neglia Services expects each Registered User/Member to provide the highest levels of integrity and accuracy with respect to material submitted to the Site. Each Registered User/Member expressly agrees to maintain these levels of integrity and accuracy.
IF THE REGISTERED USER/MEMBER IS AN AGENT ACTING ON BEHALF OF THE LEGAL OWNER OF THE ART WORK OR COLLECTIBLE BEING REGISTERED, THE LEGAL OWNER’S NAME MUST ALSO BE DISCLOSED AT THE TIME OF REGISTRATION, AND LEGAL OWNER AND AGENT ASSUME ALL RESPONSIBILITY AND/OR LIABILITY FOR THE WORK OR WORKS REGISTERED AS WELL AS FOR THE INFORMATION ENTERED INTO THE DATABASE. The information, record, or records about a piece of jewelry or collectible or other object that is entered into the Neglia Services database, including its ownership or title, is the sole responsibility of the Registered User/Member over whom Neglia Services has no control. When listing Jewelry you are certifying that you have the legal title and authority to register post and/or list art items for sale on Neglia Services. Accurate descriptions and terms of the sale must be posted for each piece offered for sale. Neglia Services reserves the right to immediately remove any jewelry items or other objects it deems are in any way involved with any illicit, fraudulent, or illegal activity. If Neglia Services determines or is put on notice that illicit, fraudulent, or illegal activity is being conducted by any Registered User/Member, Neglia Services will take immediate action against violating users resulting in immediate suspension and/or termination of the Registered User/Member. The deliberate submission of false information to this public registry may be a violation of federal and/or state law and could result in criminal and civil penalties.
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Activities. The Information you provide (for any items formally registered and/or listed for sale) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography of any kind; (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement.
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Member shall not register any sales of Jewelry on the website that feature pornographic subject matter, or that feature children in a manner that could be interpreted as pornographic, and understands that such action may constitute a violation of federal and/or state criminal statutes. Neglia Services reserves the right to transfer any registered Jewelry, in its sole discretion to another category that Neglia Services deems is most appropriate and accurate, but shall be under no obligation to do so.
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Members shall deal with each other fairly and respectfully, however, Neglia Services shall not determine, effect, or judge commissions, pricing, or other prerogatives of Members.
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Breach of User Agreement. Without limiting other remedies, Neglia Services may immediately remove your item sale listings, warn the Neglia Services community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership subscription and refuse to provide our services to you if: (a) you breach this User Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Registered Users/Members or us.
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Disclaimer and Limits. THE INFORMATION, PRODUCTS OR SERVICES, OFFERED FROM OR THROUGH THIS SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR RELIANCE ON, ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
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Use of Information. We reserve the right, and you expressly authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
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Third-Party Services. We allow access to or may advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
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Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
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Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
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Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
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Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents (if any).
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Links to other Web Sites The Site contains links to other Web sites. We are not responsible for the content; accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
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Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is R. Neglia who can be reached as follows:
By mail:
Copyright Agent
Neglia Services LLC
448 Manhattan Street, Staten Island, NY 10307
By phone: 800-910-3150
By email: jeml("admin", "fineartregistry", "com","Copyright_Claims");
Rneglia@negliaservices.com
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Proposed Product and Service Offering. All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services until they are actually offered through the Site. Neglia Services reserves the right in its sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature, and timing of all such awards.
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Product Disclaimer. Due to the numerous variables in methods, materials, and conditions of producing visual and decorative Jewelry as well as the variables present in the area of collectibles and other valuables, Neglia Services™ cannot possibly predict if the products offered on this web site will suit a specific need. Therefore, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and we shall in no event be liable for any damages (indirect, consequential, or otherwise) that may occur as the result of product application.
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Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
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Miscellaneous. This Agreement shall be treated as though it were executed and performed in Staten Island, NY, and shall be governed by and construed in accordance with the laws of the State of New York, (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the appropriate limitations sections above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in New York, NY. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
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© 2006 Neglia Service, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without express permission.
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