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1.       Notice / Acceptance of Terms.

This Terms of Use Agreement (“Agreement”) governs and set forth the terms and conditions of your use of Facetview Imaging Technologies Private Limited's (“FacetView”) website at https://www.facetview.net/ and all other related subdomains, aliases, associated sub-pages, features, content or applications, as currently or as may be offered in the future, in connection with the site (collectively “Website”), whether as a visitor or a registered or unregistered user. Please read the provisions of this Agreement carefully before making any use of the Website, together with FacetView’s Privacy Policy at https://www.facetview.net/#privacy which explains how FacetView treat Users' personal data and protect Users' privacy when using the Website, referenced herein as an integral part of this Agreement (“Privacy Policy”). By using the Website, you indicate your compliance and acceptance of the terms set forth in this Agreement. If you do not agree to these terms, please refrain from using our Website. Without derogating from the above, in the event that you have entered into a separate commercial agreement with FacetView (“Commercial Agreement”), the terms of such Commercial Agreement shall also bind you and your use of the Website.

 

You represent and warrant that you have the adequate legal capacity to agree to this Agreement; You further undertake that you will use Website solely for lawful, personal purposes, in accordance with these terms, without violating any law, regulation, ordinance or any right of FacetView or any third party, including any right of privacy, publicity, copyright, patent or trademark

This Agreement is a legally binding contract made between FacetView and you, as the user of the Website, to be referred hereunder as “User”.

 

2.       The Website as a Platform

The Website acts as an online platform for User to view and present gemstones and/or diamonds and/or other 3D objects delivered to FacetView by User for photography purposes (“Merchandise”). User acknowledges that FacetView is not the reseller or seller of the Merchandise and it does not sell any products or provide any services other than the presentation of 3d Merchandise photography, not through the Website or through any other platform or medium, accordingly, FacetView is not acting as an agent of sale or an agent of any Merchandise.

 

3.       Intellectual Property

The Website, the Content (as such term is defined below) and any other content referenced in the Website (except for public domain material) is and shall remain under the exclusive ownership of FacetView. While User retains all ownership rights, title and interest in and to the Merchandise itself, any derivative content and/or any other content related to the Merchandise which was made by, for and/or behalf of FacetView, and any User Content (as defined below), including Merchandise images, photographs, illustrations, 3d simulations and/or any other content which is derivative to the Merchandise (“Content”) is and shall remain at all times the sole and exclusive intellectual property of FacetView.

 

The names, logos, graphics, icons, designs, words, titles and phrases on the Website constitute trademarks, trade names, trade dress and associated services of FacetView. The display of any of these trademarks and/or and Content does not convey the User and/or any other third party any license or other rights regarding these trademarks and/or trade names and/or Content, and any unauthorized use of such is strictly prohibited.

 

Any unauthorized copying, modification, alteration, redistribution or reproduction of the contents (including without limitation, any Content) of the Website by the User or by any person may be a violation of federal or common law, copyright and/or trademark laws. FacetView shall be entitled to seek injunctive relief and/or a decree for specific performance barring any such actual or threatened violation, without proof of damages from any court in any jurisdiction.

Subject to User's full compliance with the provisions of this Agreement, the Privacy Policy, and the User's respective Commercial Agreement (if applicable) including payment to FacetView thereof, FacetView hereby grants User who has active User account, with a non-exclusive, revocable, worldwide, non-sublicensable, non-assignable license to use the images, photographs, illustrations, 3d simulations of User's Merchandise which accessible under such User's account (“User's Merchandise Content”), solely for the purpose of such User's own promotion and marketing activities for commerce transactions between User and additional businesses (B2B), and strictly in accordance with the provisions of the Commercial Agreement. For removal of any doubt, the license above expressly prohibiting the use of any User's Merchandise Content in any public Merchandise websites/platforms (i.e. websites which are not restricted for use with username and password) and/or any websites/platforms which offer items which are similar to the Merchandise to the public.

 

4.       Changes or Alterations to the Website

FacetView reserves the right to change, alter, update, modify, suspend, and discontinue, temporarily or permanently, the Website and/or all or any of the, services and/or content on the Website, including without limitation, any Content and/or the availability of the Content, with or without notice, and for any or no reason. FacetView shall not be liable towards the Users or any third party for any such modifications, availability (or the lack of such) suspensions or discontinuance of any or all of the products, services or content of the Website.

 

5.       User Accounts

Certain portion of the services and/or content on the Website, and in particular, the images, photographs and/or additional content related to User's Merchandise and which are considered as Content, may be accessible by User only upon registration for an activated profile. The registration process may be performed on/via the Website and/or, separately, by FacetView via telephone, email, and/or by any other means, as FacetView deems advisable and in its sole and absolute discretion, and may be subject to additional terms which shall govern such registered User's engagement with FacetView (including without limitation, the terms of the Commercial Agreement), as shall be further described therein. Performed in any medium, the registration process may require User to provide alias and personal information including, but not limited to, a user name, password and an e-mail address. User agrees that all information supplied by it is true and accurate. FacetView's use of any of such personal information is governed by its Privacy Policy. User shall be responsible for maintaining the confidentiality of User's user name and password and for any and all use of its profile.

Without derogating from the provisions of any other agreement entered between User and FacetView, including but without limitation, from the provisions of the Commercial Agreement, FacetView reserves the right to terminate User's profile on the Website or refuse any or all use of the Website by User for any reason or no reason.

User may not share, distribute, rent, lease, sell, transfer or give away access to its account to any person.

 

6.       User Content

Subject to all applicable laws and the stipulations of the Privacy Policy with respect to the User's personal information, any non-identifying communications and data sent by the Users of the Website via the Website or otherwise to FacetView (collectively, "User Content"), is non-confidential.

User hereby grant to FacetView, a non-exclusive, irrevocable, worldwide, perpetual, sublicensable, assignable, royalty-free license to display, publish, use, translate, create derivative works and/or content from, reproduce, reformat, compile, archive, distribute, and transmit the User Content, on all media, whether now known or hereinafter devised, in accordance with the FacetView's Privacy Policy.

 

User represent and warrant towards FacetView that the User Content and the license granted herein (i) are factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by FacetView to others.

 

7.       Disclaimer of Warranties

NOTHING IN THIS AGREEMENT SHALL AFFECT THE STATUTORY RIGHTS USER IS ENTITLED TO AS A CONSUMER, TO THE EXTENT THAT SUCH RIGHTS CANNOT BE WAIVED OR ALTERED BY USER BY A CONTRACTUAL AGREEMENT. USER EXPRESSLY AGREES THAT THE USE OF SERVICES OFFERED BY FACETVIEW, INCLUDING WITHOUT LIMITATION, VIA THE WEBSITE, IS AT USER'S OWN RISK. ALL SERVICES OFFERED BY FACETVIEW ARE PROVIDED ON AN "AS IS" BASIS. FACETVIEW EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (WHETHER BY STATUTE OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES WITH RESPECT TO THE CONTENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FACETVIEW MAKES NO REPRESENTATION, WARRANTY, OR TERM OR OTHER CONDITION (I) THAT THE SERVICES OF FACETVIEW, INCLUDING SUCH SERVICES WHICH ARE AVAILABLE TO USER ONLY VIA THE WEBSITE, WILL MEET USER'S REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE ON THE WEBSITE. ANY MATERIAL OR DATA OBTAINED THROUGH THE USE OF THE WEBSITE, IS DONE AT USER'S OWN DISCRETION AND RISK AND USER ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING SUCH INFORMATION, MATERIAL OR DATA. FACETVIEW MAKES NO REPRESENTATION, WARRANTY, TERM OR CONDITION REGARDING THE CONTENT OR REGARDING TO, OR IN CONNECTION WITH ANY TRANSACTIONS ENTERED INTO IN RELIANCE OF THE CONTENT, WHETHER TO USER AND/OR TO ANY OTHER THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR SCREENED, OBTAINED BY USER FROM FACETVIEW OR THROUGH THE WEBSITE, SHALL CREATE ANY REPRESENTATION, WARRANTY, TERM OR CONDITION NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.

FACETVIEW SHALL NOT BE LIABLE FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS AND/OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER DAMAGE, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING (“DAMAGES”), RESULTING FROM THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY TRANSACTION ENTERED INTO IN RELIANCE OF ANY CONTENT, EVEN IF FACETVIEW HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

FacetView is not and shall not be liable toward User and/or any other third party, for any delay, inaccuracy, error or omission with respect to information or the transmission, display or delivery of any Content and/or any other presentation of information or data made available through/via the Website and/or for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of any such information and/or the Content. FacetView is not liable for any act or omission of any User on the Website. User assumes the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to or displayed on the Website, including without limitation, with respect to any Content.

 

8.       Limitation of Liability

In no event will FacetView ever be liable to User or any other person or entity for any claims, proceedings, liabilities, obligations and/or Damages in an amount exceeding the amount User paid to FacetView in the year preceding such claim, liability obligation or Damage.

 

9.       Links to Other Sites/Advertisements

FacetView may provide links to external websites or resources (which are not the Website) for your convenience and reference only. FacetView do not control or endorse and is not responsible for the availability of or your experience on these external websites or resources or for any content, advertising, products, data or other materials on or available from such external websites or resources. User's use of and dealings with the owners or operators of these external websites or resources is at its own risk and according to their respective terms.

 

10.    Indemnification

User agrees to indemnify and hold harmless FacetView, its affiliates and any persons or parties involved in creating, producing, delivering or managing the content, services and any Content on the Website, from and against any claims arising out of or relating to: (1.) content the User submits, posts, uploads, sends, brings to the attention of FacetView or otherwise transmits to or through the Website or directly to FacetView; (2.) User's violation of this Agreement; or (3.) User's violation of any rights of any third party in connection with the Website.

 

11.    Modifications to Agreement

FacetView reserves the right to change, add to, delete portion from or modify the Agreement and/or the terms of its Privacy Policy, from time to time, at its sole discretion. Posting the modified Agreement and/or Privacy Policy on the Website will give effect to its revised terms. Thereafter any continuing use of the Website by User will constitute User expressed agreement to abide by the revised terms.

 

12.    Governing Laws

The Website, excluding any third party and/or affiliates services linked web sites, is maintained by FacetView from its offices in Surat. By accessing the Website the User agrees that all matters regarding the access to or usage of the Website, its products, services and content are governed by the laws of the Republic of India. User agrees and submits to the non-exclusive jurisdiction of the courts of Surat with respect to such matters.

 

13.    Entire Agreement

This Agreement, as amended from time to time, along with any ancillary document and/or instrument referenced herein, is the entire and exclusive agreement between FacetView and the User and except for any designated individual agreement executed between User and FacetView separately (e.g. Commercial Agreement) shall supersedes all previous communications, representations or agreements between FacetView and the User, oral or written, with respect to this matter.

 

14.    Waiver

No waiver of any of the terms of this Agreement shall be valid unless authorized in writing and signed an authorized member of FacetView. A failure on behalf of FacetView to strictly enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not be construed as a waiver of such terms, conditions or rights.

 

15.    Savings Clause

If any sentence, term or condition of this Agreement is found by a court of competent jurisdiction to be unenforceable or illegal, such sentence, term or condition will be automatically ratified to be valid, enforceable and operative to the maximum extent of the law and to preserve its original intent. The invalidity of any part of this Agreement shall not render any other part of the Agreement in its entirety, invalid.

 

16.    Miscellaneous

This Agreement shall endure to the benefit of FacetView and its affiliates. The headings contained in this Agreement are merely for convenience and convey no legal or interpretive effect. Third party's terms and conditions may be applicable when using other services, links, third party content, promotional content or third party software on or provided through the Website. FacetView, under this Agreement, may assign its rights and duties to any party at any time without notice to the User.

 

Copyright & Trademark Notice

Copyright© FacetView 2026-2027. All Rights Reserved. The trademarks, logos and service marks displayed on the Website are FacetView's property or the property of other third parties. User is not permitted to use these trademarks, logos and service marks without prior written consent from FacetView or such third party.