Rapaport Information Services License Agreement
– Updated November 10, 2022
Welcome to Rapaport.Com (the “Site”), owned and operated by Rapaport USA, Inc. (“Rapaport”). Except as otherwise noted herein, these terms and conditions (“the Terms”) govern your use of the Site.
Please read these Terms carefully, because your access to and use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Rapaport reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Rapaport provides you with access to and use of the Site subject to your compliance with these Terms.
General information only
We intend for the information on our Site to only serve as a general overview on matters of interest. The information on our Site is not intended to be comprehensive, nor does it constitute advice or our recommendation in any way. We attempt to ensure that the content is current and accurate, but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information on our Site.
Although we are diamond and jewelry writers and experts, nothing on this Site constitutes investment or financial advice. We will not be liable for any errors or omissions and will not be responsible for any losses, injuries or damages related to your reliance on this Site. The use and access of this Site does not create a working relationship. If you would like to engage our professional services, contact us and a separate contractual agreement shall be completed.
Privacy Policy and User Information
Please refer to our Privacy Policy for information on how Rapaport collects, uses, and discloses personally identifiable information from its users.
Prohibited Uses
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use. You must not: (i) reproduce or use any of the material on the Site for commercial purposes, including sale; (ii) in any way modify the material on the Site; or (iii) cause any of the material on the Site to be framed or embedded in another Site.
In relation to the Site, you must not: (i) use the Site for any activities or post or transmit via the Site, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;(ii) use the Site to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Site or the Internet;(iii) use the Site to send unsolicited email messages;(iv) in any way tamper with, hinder or modify the Site;(v) knowingly transmit any viruses or other disabling features to the Site or via the Site; or (vi) attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Responsibility of Commenters
If you post material to the Site (in the form of comments), post links via the comments section, or otherwise make (or allow any third party to make) material available by means of the comments section (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, data, icons, characters, artwork, images, photographs, graphics, illustrations, music, sound, video, messages, graphics, or computer software. By making Content available, you represent and warrant that:(i) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark or trade secret rights, of any third party;(ii) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;(iii) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;(iv) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); or(v) the Content is not disparaging (including disparaging of the Site), false, inaccurate, defamatory, obscene, racist, inciteful, pornographic, abusive or offensive in any way, does not constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.
By submitting Content for inclusion on this Site, you grant Rapaport and its subsidiaries a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the content you have provided to the Site. If you indicate to us that you wish to remove any Content provided by you, Rapaport will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Intellectual Property
COPYRIGHT
All content included on this Site, such as text, creative and literary works displayed on the Site, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rapaport, its licensees or its content suppliers, and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Rapaport and protected by U.S. and international copyright laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, or distribute the content of the Site in any way except as expressly provided for by Rapaport or expressly authorized in writing by Rapaport.
TRADEMARKS
All logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Rapaport or its affiliates in the U.S. and/or other countries. Rapaport’s trademarks and trade dress may not be used in connection with any product or service that is not Rapaport’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Rapaport. All other trademarks not owned by Rapaport or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rapaport or its affiliates.
Infringer Policy
If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to contact us via our email located below.
Advertisements and Promotions
Rapaport reserves the right to provide advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Rapaport, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Rapaport is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non- Rapaport advertisers on our Site.
Third Party Links
Rapaport makes no warranties of any kind regarding any non-Rapaport sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Rapaport makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Rapaport sites. Rapaport does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Disclaimers and Limitation of Liability
While Rapaport attempts to provide accurate and timely information, materials and content, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. We cannot warrant that the Site will be available at all times. You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” RAPAPORT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RAPAPORT DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. RAPAPORT MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL RAPAPORT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF RAPAPORT OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, the disallowed exclusions should be regarded as deleted and severable from these Terms.
Indemnity
You agree to defend, indemnify and hold Rapaport, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms hereof, or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Disclaimer
The views and opinions expressed on this Site are those of the authors and do not necessarily reflect the official policy or position of Rapaport or any other Rapaport Group entity or service, its officers, directors or employees. Rapaport does not guarantee or warrant the accuracy or validity of any information presented by Rapaport or the views expressed therein.
Termination
Rapaport may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. Rapaport can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
General
These Terms constitute the entire agreement between you and Rapaport and govern your use of the Site, and they supersede any prior agreements between you and Rapaport. You may also be subject to additional terms and conditions that are applicable to certain parts of the Site. The failure of Rapaport to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Nevada, United States without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of Nevada, United States.
For any questions or assistance, please contact us at [email protected].