Privacy Policy

BY USING OR ACCESSING THIS WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

GENERAL

Gabriella Mossighi LLC. /dba MOSSIGHI (“MOSSIGHI” or “we” or “us” or “our”) respects the privacy of its users (“User” or “you”) that use our website located at www.mossighi.com, including other media forms, media channels or mobile website or mobile application related or connected thereto (collectively, the “Website”). 

The following privacy policy (“Privacy Policy”) is designed to inform you, as a User of the Website, about the types of information that MOSSIGHI may gather about or collect from you in connection with your use of the Website. It also is intended to explain the conditions under which MOSSIGHI uses and discloses that information, and your rights in relation to that information. Changes to this Privacy Policy are discussed at the end of this document. Each time you use the Website, however, the current version of this Privacy Policy will apply. Accordingly, each time you use the Website you should check the date of this Privacy Policy (which appears at the end of this document) and review any changes since the last time you used the Website.

This Privacy Policy is expressly incorporated into our Terms & Conditions.

The Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your personal information to us in the United States, and by using our Website, you consent to that transfer and use of your personal information in accordance with this Privacy Policy. You also agree to abide by the applicable laws of applicable states and U.S. federal law concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure, different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of the Website would be unlawful in your jurisdiction, please do not use the Website.

From time to time, we may want to contact you with information about announcements, Website updates, promotions and special offers. We also may want to contact you with information about products and services from our business partners. You may opt out of such communications at any time by clicking the “unsubscribe” link found within MOSSIGHI’s emails and changing your contact preferences. 

For EEA Users: We only send marketing communications to Users located in the EEA with your prior consent. Please see the section “For EEA Users” below.

GATHERING, USE AND DISCLOSURE OF NON-PERSONALLY-IDENTIFYING INFORMATION

Users of the Website Generally

“Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person. “Personally-Identifying Information”, by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person. Like most website operators, MOSSIGHI gathers from Users of the Website Non-Personally-Identifying Information of the sort that web browsers, depending on their settings, may make available. That information includes the User’s Internet Protocol (IP) address, operating system, browser type and the locations of the websites the User views right before arriving at, while navigating and immediately after leaving the Website, as more fully described herein. Although such information is not Personally-Identifying Information, it may be possible for MOSSIGHI to determine from an IP address a User’s Internet service provider and the geographic location of the visitor’s point of connectivity as well as other statistical usage data. MOSSIGHI may analyze Non-Personally-Identifying Information gathered from Users of the Website to help MOSSIGHI better understand how the Website is being used. By identifying patterns and trends in usage, MOSSIGHI is able to better design the Website to improve Users’ experiences, both in terms of content and ease of use. From time to time, MOSSIGHI may also release the Non-Personally-Identifying Information gathered from Website Users in the aggregate, such as by publishing a report on trends in the usage of the Website.

User Content

We may collect certain User Content, as defined in our Terms & Conditions.

Automatically Collected Information

Certain data about the devices you use to connect with our Website and your use of the Website are automatically logged in our systems, including:

Mobile Device Information. If you use a mobile device to access the Website, we may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

Log data. As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Website and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.

Usage information. This is information about the Website and how you use it. We may also obtain data from our third-party partners and service providers to analyze how Users use our Website. For example, we will know how many Users access a specific page on the Website and which links they clicked on. We use this aggregated information to better understand and optimize the Website.

Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using our software.

Web Cookies. Data obtained from cookies are described below and in our Cookie Policy.

Web Cookies

Web Cookies are small text files stored on your device and used by web browsers to deliver personalized content and remember logins and account settings. MOSSIGHI uses Web Cookies and similar technologies, including tracking pixels and web beacons, to collect usage and analytic data that helps us provide our Website to you, as well as to help deliver ads for relevant products and services to you when you visit certain pages on the Website and then visit certain third-party sites. For more information on cookies and how MOSSIGHI uses them, please see our Cookie Policy. 

USERS WHO DO NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF WEB COOKIES. USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Web Beacons

A “Web Beacon” is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. MOSSIGHI may use Web Beacons on the Website and in emails to count Users who have visited particular pages, viewed emails and to deliver co-branded services. Web Beacons are not used to access Users’ Personally-Identifying Information. They are a technique that MOSSIGHI may use to compile aggregated statistics about Website usage. Web Beacons collect only a limited set of information, including a number, time and date of a page or email view and a description of the page or email on which the Web Beacon resides. You may not decline Web Beacons. However, they can be rendered ineffective by declining all Web Cookies or modifying your browser setting to notify you each time a Web Cookie is tendered, permitting you to accept or decline Web Cookies on an individual basis.

Analytics

We may use third-party vendors, including Google, who use first-party Web Cookies (such as the Google Analytics cookie) and third-party Web Cookies (such as the DoubleClick cookie) together to inform, optimize and serve ads based on your past activity on the Website, including Google Analytics for Display Advertising. The information collected may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. If you do not want any information to be collected and used by Google Analytics, you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/ ) and/or opt out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings (www.google.com/settings/ads). More information on Web Cookies can be found in our Web Cookie Policy.

Aggregated and Non-Personally-Identifying Information

We may share aggregated and Non-Personally Identifying Information we collect under any of the above circumstances. We may also share it with third parties and our affiliate companies to develop and deliver targeted advertising on the Website and on websites of third parties. We may combine Non-Personally Identifying Information we collect with additional Non-Personally Identifying Information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to the Website and the most popular features or services accessed. This information does not contain any Personally-Identifying Information and may be used to develop Website content, Products, and other Services that we hope you and other Users will find of interest and to target content and advertising.

Additional Terms for Mobile Device Users

Geo-Location Information. Unless we have received your prior consent, we do not access or track any location-based information from your mobile device at any time while accessing our Website on your mobile device, except that it may be possible for MOSSIGHI to determine from an IP address the geographic location of your point of connectivity, in which case we may gather and use such general location data.

Social Media. We may use hyperlinks on the Website which will redirect you to a social network if you click on the respective link. However, when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet” button or the Google+, that particular social network’s plugin will be activated, and your browser will directly connect to that provider’s servers. If you do not use these buttons, none of your data will be sent to the respective social network’s plugin provider. So, for example, when you click on the Facebook’s “Like” button on the Website, Facebook will receive your IP address, the browser version and screen resolution, and the operating system of the device you have used to access the Website. Settings regarding privacy protection can be found on the websites or applications of these social networks and are not within our control.

COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION

Website Use

As defined above, Personally-Identifying Information is information that can be directly associated with a specific person. MOSSIGHI may collect a range of Personally-Identifying Information from and about Website Users. Much of the Personally-Identifying Information collected by MOSSIGHI about Users is information provided by Users themselves when (1) purchasing Products, (2) making an inquiry for a Custom Product, (3) registering for our newsletter (if offered), or (4) otherwise communicating with us. That information may include each User’s name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic or relevant information as determined by MOSSIGHI from time to time. Users of the Website are under no obligation to provide MOSSIGHI with Personally-Identifying Information of any kind, with the caveat that a User’s refusal to do so may prevent the User from using certain Website features. BY USING THE WEBSITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING INFORMATION” SECTION.

MOSSIGHI Communications

We may occasionally use your name and email address to send you notifications regarding new Products and services offered through the Website that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the Website. Generally, you may opt out of such emails by emailing us at gabby@dmidiamonds.com or clicking an “Unsubscribe” link at the bottom of such emails.

MOSSIGHI Disclosures

MOSSIGHI will disclose Personally-Identifying Information under the following circumstances:

By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose Personally-Identifying Information in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of MOSSIGHI, our Users, our employees or others; to comply with applicable law or cooperate with law enforcement; to enforce our agreements or policies, in response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.

Marketing Communications. Unless Users opt-out from receiving MOSSIGHI marketing materials upon registration, we may email Users about products and services that we believe may be of interest to them. If you wish to opt-out of receiving marketing materials from MOSSIGHI, you may do so by following the unsubscribe link in the email communications or contacting us using the contact information below.

Third-Party Service Providers. We may share your Personally-Identifying Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, taking payments, shipping and delivery of Products, providing customer service and marketing assistance, performing business and sales analysis, supporting the Website’s functionality and supporting contests, sweepstakes, surveys and other features offered through the Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These third-party service providers may have access to Personally-Identifying Information needed to perform their functions but are not permitted to share or use such information for any other purpose.

Business Transfers; Bankruptcy. MOSSIGHI reserves the right to transfer all Personally-Identifying Information in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of MOSSIGHI’s assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personally-Identifying Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personally-Identifying Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

Changing Personally-Identifying Information

You may at any time review or change your Personally-Identifying Information by contacting us using the contact information below. Upon your request, we will deactivate or delete your contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your activity and in accordance with our deactivation policy and applicable law. To make this request, contact us as provided below. We will retain in our files some Personally-Identifying Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms & Conditions, and/or to comply with legal requirements as is permitted by law. Therefore, you should not expect that all your Personally-Identifying Information will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with any Users.

General Use

MOSSIGHI uses the Personally-Identifying Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website (1) to deliver the Products and services that you have ordered or requested; (2) to manage an internal account for you and provide you with customer support; (3) to communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties; (4) to develop and display content and advertising tailored to your interests on the Website and other sites; (5) to resolve disputes and troubleshoot problems; (6) to measure consumer interest in our services; (7) to inform you of updates; (8) to customize your experience; (9) to detect and protect us against error, fraud and other criminal activity; (10) to enforce our Terms and Conditions; and (11) to do as otherwise described to you at the time of collection. At times, we may look across multiple Users to identify problems. In particular, we may examine your Personally-Identifying Information to identify Users using multiple User IDs or aliases. We may compare and review your Personally-Identifying Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on the Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions and otherwise as needed to manage our business.

Collection and Use of Information by Third Parties Generally

MOSSIGHI strives to prohibit its contractors, affiliates and vendors from disclosing Personally-Identifying Information received from MOSSIGHI, other than in accordance with this Privacy Policy. However, third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that Users provide directly to those third parties, or that those third parties collect for themselves. These third parties may include payment providers and advertisers and other potential third-party applications accessible through the Website. MOSSIGHI neither owns nor controls the third-party websites and applications accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third party, or using a third-party application, whether by means of a link on the Website, directly through the Website or otherwise, and before providing any Personally-Identifying Information to any such third party, Users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in those Users’ discretion, protect their privacy.

Security

We take the security of your Personally-Identifying Information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

Privacy Policy Changes

MOSSIGHI may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to MOSSIGHI’s Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. Users should regularly check this page for any changes to this Privacy Policy. MOSSIGHI will always post new versions of the Privacy Policy on the Website. However, MOSSIGHI may, as determined in its discretion, decide to notify Users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that Users always maintain and update their contact information when changes go into effect.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

The Children’s Online Privacy Protection Act (“COPPA”) protects the online privacy of children under 13 years of age. We do not knowingly collect or maintain Personally-Identifying Information from anyone under the age of 13, unless or except as permitted by law. Any person who provides Personally-Identifying Information through the Website represents to us that he or she is 13 years of age or older. If we learn that Personally-Identifying Information has been collected from a User under 13 years of age on or through the Website, then we will take the appropriate steps to cause this information to be deleted. If you are the parent or legal guardian of a child under 13 who has become a User of the Website or has otherwise transferred Personally-Identifying Information to the Website, please contact MOSSIGHI using our contact information below to have that child’s information deleted.

NOTICE TO NEVADA RESIDENTS

Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information collected on a business’s platform or other online service to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests by email at gabby@dmidiamonds.com. To be effective, your request must include your full name, address, phone number, and email address to verify the authenticity of your request.

ADDITIONAL RIGHTS AND CHOICES FOR CALIFORNIA RESIDENTS

If you are a California resident, the following additional rights may be available to you.

Shine the Light.

Users who are California residents may request (i) a list of categories of personal information disclosed to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclose such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled “Contact Us” below and specify you are making a “California Shine the Light” request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

California Consumer Privacy Act of 2018 (CCPA)

Beginning January 1, 2020, the CCPA provides California residents with additional rights as described below. Please note your right to know and right to delete are subject to certain exceptions under the CCPA.

Notice of Collection.

During the past twelve (12) months, we have collected the following categories of personal information that the CCPA covers:

  • Identifiers, including name, email address, date of birth, phone number, IP address, and an ID or number assigned to you as a User.

  • Consumer records, billing and delivery address, and credit or debit card information.

  • Commercial information, including purchases and engagement with our platforms and mobile applications.

  • Internet activity, including your interactions with our platforms and mobile applications.

  • Audio data, including information collected for customer care quality assurance.

  • Geolocation data, including location enabled services such as GPS.

  • Inferences, including information about your interests, preferences and favorites.

  • This privacy statement includes additional information about our data practices. For more information on information we collect, including the sources we receive information from, review this Privacy Policy in its entirety. We collect and use these categories of personal information for the business purposes described herein, including to provide and manage our platform. 

Right to Know.

You have the right to know certain information about our data practices in the preceding twelve (12) months. You have the right to request the following information from us:

  • The categories of personal information we have collected about you;

  • The categories of sources from which the personal information was collected;

  • The categories of personal information about you we disclosed for a business purpose or sold;

  • The categories of third parties to whom the personal information was disclosed for a business purpose or sold;

  • The business or commercial purpose for collecting or “selling” the personal information; and

  • The specific pieces of personal information we have collected about you.

Right to Delete.

You have the right to request the deletion of personal information that we collect or maintain about you.

Right to Opt-Out of “Sale”.

MOSSIGHI does not sell information as the term “sell” is traditionally understood. However, MOSSIGHI may disclose certain information about you when you use our Website for purposes that may be considered a “sale” under the CCPA. For example, we may disclose information to advertising partners, advertising technology companies, and companies that perform advertising-related services in order to provide you with more relevant advertising tailored to your interests. This information may include identifiers such as your IP address, advertising identifiers, commercial information, your internet or other electronic network information such as your interaction with an ad, geolocation data and inferences. To the extent MOSSIGHI sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information, where applicable, and following the instructions, or by contacting us as set forth below. 

How to Exercise Your CCPA Rights.

To exercise any of these rights, please email us at gabby@dmidiamonds.com. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within ten (10) days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

If you choose to exercise any of these rights, you will not receive different prices or quality of Products or services unless permitted by applicable law, including if those difference are reasonable related to your information. 

Please note that if you opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you’ve opted out of other forms as well.  For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. 

FOR EEA USERS.

Individuals located in the European Economic Area (EEA) have certain rights in respect to their personal information, including the right to access, correct, or delete Personally-Identifying Information we process through your use of the Website. If you’re a User based in the EEA, please send an email to gabby@dmidiamonds.com to:

  • Request a Personally-Identifying Information report including the Personally-Identifying Information we have about you, in a structured, commonly used, and portable format.  Please note that MOSSIGHI may request additional information from you to verify your identity before we disclose any information.

  • Have your Personally-Identifying Information corrected or deleted. 

  • Object to us processing your Personally-Identifying Information. You can ask us to stop using your Personally-Identifying Information, including when we use your Personally-Identifying Information to send you marketing emails. We only send marketing communications to Users located in the EEA with your prior consent, and you may withdraw your consent at any time. Please note you will continue to receive transactional messages related to our Website and Products you order, even if you unsubscribe from marketing emails.

  • Request that we transfer your Personally-Identifying Information to another person.  

  • Complain to a regulator. If you are based in the EEA and believe that we have not complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.

DO-NOT-TRACK POLICY.

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. Because there is not yet a common understanding of how to interpret the DNT signal, the Website currently does not respond to DNT browser signals or mechanisms.

In connection with your use of the Website, you expressly agree to our Privacy Policy. The Privacy Policy is part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy. 

Prohibited Activities. 

You may not access or use the Website for any purpose other than the purpose for which we make it available to you. We may prohibit certain activities in connection with the Website at our discretion. These prohibited activities include, without limitation, the following:

  • Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets.

  • Using any information obtained from the Website in order to contact, advertise to, solicit or sell any products or services to any User without their prior explicit consent.

  • Interfering with, disrupting or creating an undue burden on the Website or the networks or services connected to the Website.

  • Attempting to impersonate another User or person.

  • Using any information obtained from the Website in order to harass, abuse or harm another person.

  • Using the Website in a manner inconsistent with any and all applicable laws and regulations. 

  • Using or otherwise accessing the Website for any reason other than a good faith interest in being matched with Agencies. 

  • Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy.

  • Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene.

  • Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so.

  • Restricting or inhibiting any other visitor from using the Website, including without limitation, by means of “hacking” or defacing any portion of the Website.

  • Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Website.

  • Removing any copyright, trademark or other proprietary rights notices contained in the Website.

  • Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Website.

  • Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentications and security measures.

  • Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Website; 

  • Modifying, translating, or creating derivative works based on the Website or Products.

Intellectual Property Rights. 

The Website and its contents, including any text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, including but not limited to the trademark “MOSSIGHI” IS the intellectual property of MOSSIGHI or its licensors and constitute trademarks, patents, copyrights and other intellectual property rights of MOSSIGHI or its licensors under U.S. and foreign laws and international conventions. 

You are prohibited from using any such trademark displayed through the Website for any purpose including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of MOSSIGHI or such third party, which may own the trademark.

You agree not to engage in the use, copying or distribution of the Website, any of its contents or any data generated or produced using the Website for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Website. We may, but are not obligated to, periodically provide updates to the Website to resolve bugs or add features and functionality. You do not acquire any ownership rights to the Website, Products, or to any other contents contained on the Website. All rights not expressly granted in these Terms are reserved by MOSSIGHI and its respective licensors, affiliates, and contractors. 

User Content.

You are solely responsible for any data, information, text, files, designs, photographs, comments, feedback, suggestions, ratings, reviews, or other materials you upload or submit to us and/or the Website (“User Content”). You agree that any User Content: (i) will be true and accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right held by you or a third-party, such as, but not limited to, trademark, copyright, right of privacy, or right of publicity; and (iv) will not cause any harm, damage, or other injury to the Website, MOSSIGHI, another User, or any other person or entity. You are solely responsible for the User Content you submit in connection with the Website, and MOSSIGHI assumes no liability for any User Content submitted by you. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

For any User Content you submit, you grant to MOSSIGHI a non-exclusive, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, and distribute such User Content, all without compensation to you, as necessary to provide the Website and Products you purchase to you and for use in our own marketing and promotional material, such as, but not limited to, displaying in our Studio any User Content you provide us in connection with Custom Products. You represent and warrant that you either own directly, or have been legally and validly granted, all rights necessary for you to grant the licenses to MOSSIGHI granted in this section. Information that can be used to personally identify you that you provide to us in connection with the Website will be handled accordingly with our Privacy Policy.

DMCA/Copyright Policy.

MOSSIGHI respects the intellectual property of others and expects its Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate access to the Website of any User who repeatedly infringes the rights of copyright holders.

MOSSIGHI will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (the “DMCA”), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Website, then you must send MOSSIGHI a written notice that includes all the following:

  • a legend or subject line that says: “DMCA Copyright Infringement Notice”;

  • a description of the copyrighted work that you claim has been infringed;

  • the URL of the site and a description of where the material that you claim is infringing is located on that site;

  • your address, telephone number, and e-mail address;

  • a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

  • your electronic or physical signature.

MOSSIGHI may elect to not respond to DMCA notices that do not comply with all the foregoing requirements, and MOSSIGHI may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.

Feedback. 

If you provide us with any comments, bug reports, feedback, ratings, reviews, or modifications proposed or suggested by you to the Website and/or Products (collectively, the “Feedback”), we shall have the right to use such Feedback at our discretion, including, but not limited to the incorporation of such suggested changes into the Website. You hereby grant us a perpetual, irrevocable, non-exclusive license under all rights necessary to incorporate and use your Feedback into our Website for any purpose.

Disclaimer of Warranties. 

THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR THIRD-PARTY SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE AND/OR ANY MOBILE VERSION THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOSSIGHI, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. 

WITHOUT LIMITING THE FOREGOING, MOSSIGHI DOES NOT REPRESENT OR WARRANT (I) THAT THE WEBSITE AND ANY PRODUCTS, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND ANY SOFTWARE, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) REGARDING THE USE OF THE WEBSITE AND ANY PRODUCT, CONTENT, SERVICES, OR SITES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. 

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Limitation of Liability. 

IN NO EVENT SHALL MOSSIGHI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT MOSSIGHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MOSSIGHI’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO MOSSIGHI BY YOU.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.

Indemnification.

You agree to fully indemnify, defend, and hold MOSSIGHI and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your access to, use of, or alleged use of, the Website or the services or goods obtained through your use of the Website, including, but not limited to, Products; (ii) any User Content you upload or submit to us; (iii) your breach or violation of the terms in this Agreement, any representation, warranty, or covenant referenced in this Agreement, or any applicable law or regulation; (iv) any allegation that any materials you submit to us or transmit to the Website, including, but not limited to, User Content used in connection with a Custom Product, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third-party; (v) your activities in connection with the Website or other websites to which the Website is linked; (vi) any negligent act or omission or any willful misconduct by you; and/or (vii) any inaccuracies in the information provided to you through the Website. 

Arbitration.

For purposes of this Agreement, you and MOSSIGHI are each referred to as a “Party” and collectively, as the “Parties”. The Parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations for a period of at least thirty (30) days from initial written notice thereof, which shall be a requirement prior to either Party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms (including its formation, performance and breach), the Website, and any purchased Products, shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to determine the validity of any claim and to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.

You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action Waiver.

The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Small Claims Court Claims.

Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction and subject to that court’s rules of procedure for small claims.

Thirty Day Right to Opt-Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Agreement by sending written notice of your decision to opt-out to gabby@dmidiamonds.com. The notice must be sent within thirty (30) days of your first access to the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Website.

Governing Law and Jurisdiction. 

You agree that your use of the Website shall be governed by and construed in accordance with the laws of California , without regard to conflict of law rules. The courts of Los Angeles, California shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.

Amendments.

These Terms may be amended by Mossighi from time to time. You agree that you will review these Terms prior to using the Website, and that your participation and continued use of the Website will constitute acceptance of these Terms, as they may be amended from time to time. A new version of this Agreement will take effect on (i) the date falling thirty (30) calendar days after the date of such posting (or such later date as we indicate in the relevant posting) if any of the changes are to an operative provision of this Agreement which is capable of adversely affecting you, or (ii) immediately upon the date of posting or such later date as we indicate in the relevant posting if the changes are not capable of adversely affecting you, examples of which would include, without limitation: (a) changing the name of the web address for the Website or (b) the refinement of provisions that are already included or referred to in this Agreement. In either case, if you do not wish to be governed by the new version of this Agreement, you must notify us and agree there shall be no further provision of or access to the Website. We shall not have any liability to you in such an event. 

Third Parties.

These Terms are between you and Mossighi. The foregoing notwithstanding, please note that the Website may enable access to third-party content, products and services over which we have no control, including but not limited to, shipping logistics services from FedEx. You understand and agree that any interactions you have with any third-party through or as a result of your use of the Website may be governed by such third-party’s terms of use, privacy policies, or other rules or agreements, which may differ from the terms of this Agreement. We assume no responsibility for, nor do we endorse or verify the content, services, offerings or conduct of such third party. Inclusion of a third party on the Website does not amount to endorsement or verification by MOSSIGHI. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content made available to you through Website from any third-party, nor any acts they may take, or omit to take, in relation to the Website.

Operation of the Website.

You acknowledge that we reserve the right, but have no obligation, to (i) take appropriate legal action against anyone who, in our sole determination, violates these Terms, including, without limitation, reporting to law enforcement authorities, (ii) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable all or a portion of the Website, and (iii) otherwise manage the Website in a manner designed to protect the rights and property of MOSSIGHI and its licensors and Users, and to facilitate the proper functioning of the Website. 

Term.

This Agreement is effective unless and until terminated by either you or us. You may terminate by notifying us that you no longer wish to use our Website via email to gabby@dmidiamonds.com, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof).

Non-Waiver. 

The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure.

MOSSIGHI shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond MOSSIGHI’s reasonable control, including, without limitation, any mechanical, electronic or communications failure or degradation, act of god, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”).

Severability. 

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Assignment. 

These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our related rights and obligations without obtaining your consent.

Entire Agreement. 

These Terms supersede all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Website or its contents. Modifications to the Terms that are not posted on the Website are not valid unless made in writing and signed by an authorized representative of MOSSIGHI. 

 

Notices. 

You consent to receive notices and other communications regarding these Terms through posting of notices on the Website. You agree that all agreements, notices, disclosures, and other communications that MOSSIGHI provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.

Contact Us

If you have any questions about these Terms or the Website, you may contact us by email at gabby@dmidiamonds.com or the mailing address below:

MOSSIGHI

550 S HILL STREET, STE 1680

LOS ANGELES, CA 90013

Last Updated: March 11, 2024

GABRIELLA MOSSIGHI LLC. /DBA MOSSIGHI