Terms & Conditions
Privacy
Please review our Privacy and
Security Statement, which also governs your visit to the Site, to
understand our practices.
Copyright
You may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in
part. you may not upload, post, reproduce, or distribute in any way
content protected by copyright, or other proprietary right, without
obtaining permission of the owner of the copyright or other propriety
right.
Site access
You may not download (other than page caching) or modify the Site or
any portion of it, without our express, written consent. This includes: a
prohibition on any resale or commercial use of the Site or its
contents; any collection and use of any product listings, pictures,
descriptions, or prices; any derivative use of the Site or its contents;
any downloading or copying of account information for the benefit of
another merchant; and any use of data mining, robots, or similar data
gathering and extraction tools. The Site or any portion of the Site may
not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without our express,
written consent. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Zivarti without our
express, written consent. You may not use any meta tags or any other
"hidden text" utilizing our name or trademarks without our express,
written consent.
Your account
If you use the Site, you are responsible for maintaining the
confidentiality of My Account and password and for restricting access to
your computer, and you agree to accept responsibility for all
activities that occur under My Account or password. We and our
affiliates reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
Risk of loss
All items purchased from us are shipped with Fedex. All items are
insured with Fedex while their delivering. We are not reponsible
for any loss after the customer receives the merchandise. After the
customer receives the merchandise they are responsible to insure their
diamond throw their own insurance company.
Links
We are not responsible for the content of any sites that may be
linked to or from Zivarti. These links are provided for your
convenience only and you access them at your own risk. Any other
website accessed from the Site are independent from and Zivarti. has no control over the content of that other
website. In addition, a link to any other web site does not imply that
Zivarti. or Zivartiendorses or accepts any
responsibility for the content or use of such other website.
Disclaimers and limitations of liability
The Site is provided on an "AS IS," "as available" basis. Neither
Zivarti, Zivarti, nor each of their respective
officers, directors, employees, agents, third-party content providers,
designers, contractors, distributors, merchants, sponsors, licensors or
the like (collectively, "Associates") warrant that use of the Site will
be uninterrupted or error-free. Neither Zivarti Inc.,
Zivarti, nor its Associates warrant the accuracy, integrity,
or completeness of the Content provided on the Site or the products or
services offered for sale on the Site. Further, we make no
representation that Content provided on the Site is applicable or
appropriate for use in locations outside of the United States. Zivarti, Zivartispecifically disclaims warranties of any
kind, either expressed or implied, including but not limited to
warranties of title or implied warranties of merchantability. No oral
advice or written information given by Zivarti,
Zivartior its Associates shall create a warranty. You
expressly agree that the use of the Site is at your sole risk.
Under no circumstances shall Zivarti, Zivarti or its Associates be liable for any direct, indirect, incidental,
special, or consequential damages that result from the use of or
inability to use the Site, including but not limited to reliance by a
user on any information obtained at the Site, or that result from
mistakes, omissions, interruptions, deletion of files or e-mail, errors,
defects, viruses, delays in operation or transmission, or any failure
of performance, whether or not resulting from acts of God,
communications failure, theft, destruction or unauthorized access to
Zivarti, Zivartirecords, programs or services. The
foregoing limitation of liability shall apply whether in an action of
contract, negligence, or other tortious action, even if an authorized
representative of Zivarti, Zivartihas been advised
of or should have knowledge of the possibility of such damages. You
hereby acknowledge that this paragraph shall apply to all content,
merchandise and services available through the Site. Because some states
do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is limited to the
fullest extent permitted by law.
Prices and availability of products on the Site are subject to
change without notice. All of our merchandise, the diamond weight could be less
or more then what is stated on our site. Errors will be corrected
when discovered, and we reserve the right to revoke any stated offer
and to correct any errors, inaccuracies, or omissions (including after
an order has been submitted and shipped).
Although we take steps
to ensure the accuracy and completeness of products that are posted on
the Site.
Online conduct
You agree to use Zivarti, Zivartionly for
lawful purposes. You are prohibited from posting on or transmitting
through Zivarti, Zivartiany unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any
material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any
applicable local, state, national, or international law. If we are
notified of allegedly infringing, defamatory, damaging, illegal, or
offensive Content provided by you (e.g., through an author chat or
online review), Zivarti, Zivartimay investigate
the allegation and determine in its sole discretion whether to remove or
request the removal of such Content from the Site. We may disclose any
Content or electronic communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate Zivarti; or
(iii) to protect the rights or property of Zivarti,
its Associates, and you.
We reserve the right to prohibit conduct, communication, or
Content that it deems in its sole discretion to be unlawful or harmful
to you, Zivarti, or any rights of Zivarti, Zivarti or any third party. Not withstanding the
foregoing, neither Zivarti, Zivartinor its
Associates can ensure prompt removal of questionable Content after
online posting. Accordingly, neither Zivarti,
nor any of their officers, directors, employees, or
agents, nor Associates assumes any liability for any action or inaction
with respect to conduct, communication, or Content on
Zivarti.
Termination of usage
We may terminate your access or suspend your right to access to
all or part of the Site, without notice, for any conduct that we, in our
sole discretion, believe is in violation of any applicable law or is
harmful to the interests of another user, Associates, or Zivarti, Zivarti. In addition, we reserve the right to refuse
an order from any customer at our sole discretion.
Usage by children under 18
We cannot prohibit minors from visiting the Site. We must rely on
parents, guardians and those responsible for supervising children under
18 to decide which materials are appropriate for such children to view
and/or purchase.
We require that all purchases be made either (i) by individuals
18 years of age or older, or (ii) by minors with the permission of their
parent or guardian for such minors to purchase items on the Site and
for the collection by us of certain information in accordance with the
terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT Zivarti, YOU ARE REPRESENTING TO Zivarti,
Zivarti. THAT YOU ARE EITHER AN INDIVIDUAL 18 YEARS OF AGE
OR OLDER, OR THAT YOU HAVE THE EXPRESS PERMISSION OF A PARENT OR
GUARDIAN FOR YOU TO MAKE PURCHASES AND FOR US TO COLLECT CERTAIN
INFORMATION ABOUT YOU IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY
POLICY.
Applicable law
By visiting the Site, you agree that the laws of the State of
California, without regard to principles of conflict of laws, will
govern these Terms and Conditions and any dispute of any sort that might
arise between you and Zivarti.
Disputes
User agrees to pay all charges to credit card from Zivarti. This is what the charge to your credit card will read not
Zivarti.
Any dispute relating in any way to your
visit to the Site or to products you purchase through the Site shall be
submitted to confidential arbitration in Los Angeles, Ca., except that,
to the extent you have in any manner violated or threatened to violate
Zivarti, Zivarti intellectual property rights, Zivarti, Zivartimay seek injunctive or other appropriate
relief in any state or federal court in the State of California, and
you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
Site policies, modification and severability
Please review our other policies, such as our Privacy Policy,
posted on the Site. These policies also govern your visit to
Zivarti. We reserve the right to make changes to the Site,
policies, and these Terms and Conditions at any time. If any of these
conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.