Terms and Conditions

Your Consent

Welcome to the Hearts On Fire Web site (the “Web Site”).  By accessing, using or posting anything to the Web Site, you agree to use the Web Site in accordance with all applicable laws and regulations and in accordance with the terms and conditions outlined herein (the “Terms and Conditions”).  These Terms and Conditions may be updated from time to time without notice to you, and you further agree to be bound by the version of the Terms and Conditions that are in effect each time you visit the Web Site.  IF YOU DO NOT AGREE TO ANY OR ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEB SITE IN ANY MANNER.
As used herein, the terms “HOF,” “we” and “us” refer to Hearts On Fire Company, LLC, its subsidiaries, owners, affiliates, officers, directors, employees and agents.

Site Use

This Web Site and its contents are provided solely for personal, noncommercial use and for no other purpose. You may not modify, copy, link to, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, in whole or in part, obtained from this Web Site without the written permission of Hearts On Fire Company, LLC (“HOF”). No right, title or interest in such materials is transferred to you by use of this Web Site. HOF may modify or remove this Web Site at any time without notice to you.
You represent and warrant that you possess the legal right and ability to agree to these Terms and Conditions, and that all information or material that you submit to the Web Site is true, accurate and current.  You agree that you will not: (i) submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including but not limited to privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant the rights to use such materials as provided in these Terms and Conditions; (ii) post on the Web Site any false information or misrepresentation that could result in liability or damage to us or any third party; (iii) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person.  By way of example only, you may not post a photograph taken by a professional photographer unless the photographer has granted you the right to make copies of the photo.  You are responsible for any third-party fees, taxes or other charges incurred by you in accessing the Web Site (such as internet charges).

 

User Communications

Any message you send to us via e-mail, postcard, letter, voice mail or other transmission relating to your use of this Web Site shall be and remain HOF’s property, and HOF shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and e-mails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
By posting information about yourself on or through the Web Site you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display your information alone or as part of other works in any form, media, or technology whether now know or hereafter developed, and to sublicense such rights to others.  You acknowledge that no compensation will be paid with respect to the use of your information.  You represent and warrant that you have proper authorization for the worldwide transfer and processing among HOF, its affiliates and third-party providers of any information that you may provide on the Web Site.
Any information uploaded by you to the Web Site or provided to us, including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential; we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation.  We shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

Product Presentation

At HOF, we make every effort to represent our products as accurately as possible. However, due to photography techniques and differences in monitor color and display capabilities, images of products may appear slightly smaller or larger than actual size, and color may vary. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. America Online users may experience blurry, distorted images due to proprietary AOL browser settings. Also, in compliance with FTC regulations and the standards set forth by our industry, the total carat weight of the diamonds shown on HeartsOnFire.com may vary by plus or minus 0.04 carats from the presented total weight. Additionally, when a piece of our fine jewelry contains more than one diamond, it is our policy to present an average grade for color, clarity, and carat weight. We strive to provide our customers with the most accurate information at all times in order to aid them in making an informed purchase.

Product Availability and Pricing

Although we update our inventory regularly, sometimes our product availability may change before there is time to update the information on our Web Site. The availability of items is subject to change without prior notice. Please be aware that HOF does not have prices displayed on the Web Site, and if you do see prices they may be inaccurately represented, due to system and browser errors. To receive accurate pricing information, please visit your nearest HOF authorized retailer. Neither we nor our authorized retailers will honor any erroneous prices posted on the Web Site. We apologize in advance for any inconvenience this may cause. If you have any questions about this policy or any other policy, please contact an HOF customer service representative at: customerservice@heartsonfire.com or 877-PERFECT (877-737-3328).

Counterfeit Warning

HOF merchandise is available exclusively from authorized HOF retail jewelers. Buyers should be wary of purported HOF merchandise sold through unauthorized channels. Beware of counterfeits.

Copyright and Trademark

All contents are protected by U.S. and international copyright, © 2007 Hearts On Fire Company, LLC. All rights reserved. HEARTS ON FIRE, THE WORLD’S MOST PERFECTLY CUT DIAMOND, the Chevron design, DREAM, ADORATION, BELOVED, DEBUT, DESIRE, DESTINY, DEVOTION, EFFERVESCENCE, ELATION, ENTICEMENT, EUPHORIA, FAITH, FELICITY, FLIRTATION, FLUID, FRAGRANT, FULFILLMENT, GRACIOUS, GRANDEUR, HOOPLA, IDENTITY, ILLUSTRIOUS, INNOVATION, INTREPID, JUBILATION, MELANGE, MOSAIC, OPTIMA, PERFECTION IN PLATINUM, POTPOURRI, RAPTURE, RECOGNITION, REFINED, REFLECTION, REPERTOIRE, SEDUCTION, SENSATION, SERPENTINE, SIGNIFICANCE, SOLITUDE, SUBLIME, TANTALIZING, TENDERNESS, TRANSCEND, TRANSFORMATION, TRIUMPHANT, VIRTUOUS, VIVACIOUS, WHIMSICAL and WONDROUS are registered trademarks of Hearts On Fire Company, LLC. ADMIRATION BY HEARTS ON FIRE, ADORNMENT BY HEARTS ON FIRE, ALLURE, AMOROUS, APPLAUSE, ARRANGEMENT, ASCEND, ATTRACTION BY HEARTS ON FIRE, BEYOND, BLISSFUL BY HEARTS ON FIRE, BOTANICA, CHARMED, CIRCLES IN MOTION, CLASSICALLY JOURNEY, COMMANDING, COMPILATION, DECADES, DELIGHT, DISTINCTION, DISTINGUISHED, DIVINE, DREAMSTONE, DUETS, EMPHASIS, ENCHANTMENT, ENDURING, ENJOYMENT, ENTHUSIASM, ETERNE, EVOKING, FUSION, GARDEN, GLORIOUS, GRACE, HARMONY, ILLUSION, INDULGENCE, INTENSITY, INTERTWINED BY HEARTS ON FIRE, INTERTWINING LEAF, INTRIGUE, JOY, LATTICE, MARVEL, MEANINGFUL, MILESTONE, MIRAGE, MULTIPLICITY, MY 1ST BY HEARTS ON FIRE, MYSTERE, MYSTICAL, OPULENCE, PERSPECTIVE, PREFERENCE BY HEARTS ON FIRE, PRELUDE, PRESENCE, PRESTIGE, PROGRESSION, PROMINENT, REACH, REDEFINED, RELEVANCE, REMARKABLE, RESPECT, REVELATION, REVITALIZE, REVIVAL, SERENITY, SIMPLICITY, SIMPLY BRIDAL, SINCERITY, STILETTO BY HEARTS ON FIRE, SUCCESSION, SWEEPING, TIMELESS, TRIPLICITY, TRULY BRIDAL and WHISPER are trademarks of Hearts On Fire Company, LLC. All jewelry designs and images thereof are the exclusive copyrighted property of Hearts On Fire Company, LLC. Any use of the trademarks, jewelry design, the jewelry design images and/or other images, or any other copyrighted material is expressly prohibited unless otherwise agreed to in a signed writing by Hearts On Fire Company, LLC. Hearts On Fire Company, LLC actively and aggressively enforces its intellectual property rights to the fullest extent of the law. All product information, product ordering codes and prices are subject to change without notice.

This Web Site may also contain trade names and trademarks of other companies that are the property of their respective owners.

We or our designees will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).  Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted via U.S. registered mail to our Designated Agent as follows:
Hearts On Fire Company, LLC
Attention:  Legal Department
P. O. Box 52172
Boston, Massachusetts 02205

To be effective, the notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed.
• 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 the service provider to locate the material.
• Information reasonably sufficient to permit the service provide to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf o the owner of an exclusive right that is allegedly infringed.

 

Legal Notices

Use of the Web Site is at your own risk. Unless specifically noted, this site, its content or the information available on or through it is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. Neither HOF, nor any of its affiliated or related companies, nor any of the employees, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding the Web Site, the content, any advertising material, information, products or services available on or through the Web Site, and/or the results that may be obtained from use of the Web Site or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties the Web Site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. HOF and its affiliates are not responsible or liable for any damage to, or virus that may infect, your computer equipment or other property.
Under no circumstances shall HOF or its affiliates, employees, agents, content providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages of any kind, regardless of the form of action, including, without limitation, contract, tort (including negligence), strict product liability or otherwise, even if we have been advised of the possibility of such damages.
By use of this Web Site, you agree to indemnify, defend and hold harmless, HOF, each of it affiliated companies, and each of its respective partners, suppliers, subsidiaries, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all liabilities, claims and expenses (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding your use or misuse of the Web Site or any violation of these Terms and Conditions.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

This Web Site (excluding any links) is owned and controlled by HOF from its offices within the Commonwealth of Massachusetts, United States of America. By accessing this Web Site, both you and HOF agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to conflict of laws, will apply to all matters relating to use of this Web Site. In addition, you agree to the exclusive personal jurisdiction and venue of the Suffolk County Superior Court and the United States District Court for the District of Massachusetts.
These Terms and Conditions constitute the entire agreement between you and HOF with respect to the Web Site and supersede all prior or contemporaneous communications, whether oral, written or electronic, between you and HOF.  Should any of these Terms and Conditions be held invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect.
HOF reserves the right to suspend or revoke your right to use the Web Site, to remove any material from the Web Site, and to terminate the Web Site at any time in HOF’s sole discretion and without notice to you for any reason, or for no reason.
Visitors to this Web Site are responsible for their own compliance with local laws regarding Web Site use and access.
By placing any content on the Web Site that contains images, photographs, graphics or pictures (“Images”), you represent and warrant that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such images or any content and/or images contained in such Images consistent with the manner and purpose of Your use and as otherwise permitted by these Terms and Conditions and the Web Site; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms and Conditions; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms and Conditions, including by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

 

Third Party Links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites are not under the control of HOF and HOF is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Accordingly, HOF makes no representations whatsoever concerning the content of those linked sites.  HOF is not responsible for webcasting or any other form of transmission received from any linked site.  The fact that HOF has provided a link to a third-party web site is NOT an endorsement, authorization, sponsorship, or affiliation by us with respect to such web site, its owners, or its providers.  HOF has not tested any information, software, or products found on these web sites and therefore cannot make any representations whatsoever with respect thereto.  These linked sites have separate and independent terms, conditions and/or privacy policies, which we encourage you to review. Nonetheless, we seek to protect the integrity of our Web Site and welcome any feedback about these linked sites (including if a specific link does not work).

HOF Privacy Policy

HOF is committed to respecting the privacy rights of our Web Site visitors. The following Privacy Policy describes how we collect, protect, and use information we receive from visitors to our Web Site.

Types of Information Collected

At Hearts On Fire, the confidentiality of your information is very important to us. We employ a number of measures to keep the data you voluntarily supply safe. By default you visit our Web Site anonymously. When visiting our Web Site, we do collect technical information about your visit such as the type of browser (e.g., Internet Explorer, Firefox), the length of visit, as well as the pages viewed and a host of other similar information.

There are functions on our site where personally identifiable information such as your e-mail or postal address is requested with your explicit consent (e.g., when you request a brochure or enter a sweepstakes). While this information is retained by us, it is not sold to third parties and only used by Hearts On Fire and its related companies. We use e-mail addresses to communicate with you regarding transactions between us or your customer relationship with us. We may also use your e-mail to share information about HOF products and services that may be of interest to you. You may opt-out of receiving such promotional messages from us at any time. Please refer to the “How can you opt-out, remove, or modify information you have provided to us?” section below. We do employ third parties who act on our behalf to help us manage and analyze this data but they are required to keep this data confidential. They also can only use the information for the specific services we ask them to perform and they must inform us of any theft of it.

We also receive and store click-stream data and other information about visits to our Web Sites which may be combined with personal information you have provided. This information is used to analyze and improve the website experience. For more information, see the “Do we use 'cookies'?” section below.

Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits made to our websites. Please refer to the “Do we use 'cookies'?” section below for more information about “cookies” and how we use them.

How do we use your information?

We may use the information we collect from you when you register, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.

• To allow us to better service you in responding to your customer service requests.

• To administer a contest, promotion, survey, or other site feature.

If you have opted-in to receive e-mail from HOF, we may send you periodic e-mails. If you would no longer like to receive e-mail from HOF, please refer to the “How can you opt-out, remove, or modify information you have provided to us?” section below.

If you have opted-in to receive direct mail, we may send you periodic direct mail, such as catalogues. If you would no longer like to receive direct mail, please refer to the “How can you opt-out, remove, or modify information you have provided to us?” section below.

How do we protect visitor information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

Do we use “cookies”?

Yes. “Cookies” are small files that a site or its service provider transfers to your computer's hard drive through your web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use “cookies” to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use “cookies” to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We may contract with third-party service providers to assist us in better understanding our site visitor. These service providers are not permitted to sell the information collected on our behalf except to help HOF conduct and improve its business. The companies use “cookies” to gather anonymous data about our visitors on behalf of HOF. They do not collect personally identifiable information like e-mail, credit card number, phone number, or name.

You can choose to have your computer warn you each time a “cookie” is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer or Mozilla) settings. Each browser is a little different, so look at your browser's Help Menu to learn the correct way to modify your “cookie” settings. If you turn off “cookies,” you won't have access to many features that make your site experience more efficient and some of our services will not function properly.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except as described in the Privacy Policy. The term “outside parties” does not include HOF wholly-owned companies. It also does not include Web Site hosting partners or other parties who assist us in operating our Web Site, conducting HOF 's business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Web Site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to outside parties for marketing, advertising, or other uses.

 

How can you opt-out, remove, or modify information you have provided to us?

You can opt out of receiving e-mails by clicking on the “safe unsubscribe” link at the bottom of our e-mails. Alternatively, to modify or delete entirely the information you have provided during registration, including your e-mail subscriptions, please contact us at customerservice@heartsonfire.com. Be sure to include your first and last name and e-mail address in the message box.

Please note, if you have opted-out to receive e-mail, due to production schedules you may receive communications already in progress. Also, if you request your registration information be deleted or you opt-out of other communications, we may maintain information about an individual service inquiry for future service and record keeping purposes.

Children's Online Privacy

HOF does not collect information on any person under 13 years. We ask that children under the age of 13 years do not submit information to us without the consent of a parent or guardian.

Online Policy Only

This online Privacy Policy applies only to information collected through our Web Site and not to information collected offline.

Questions and Feedback

We welcome your questions, comments, and concerns. Please send us any and all feedback pertaining to any of the foregoing terms and conditions, or any other item.