Terms & Conditions

Your Consent

Welcome to the Kalahari Dream® 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 “Leo Schachter,” “we” and “us” refer to Leo Schachter Diamonds L.L.C., and its subsidiaries, owners, affiliates, officers, directors, employees and agents, as applicable.

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 Leo Schachter. No right, title or interest in such materials is transferred to you by use of this Web Site. Leo Schachter 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 information uploaded by you to the Web Site or provided to us in any way; and any message you send to us via e-mail, postcard, letter, voice mail, social media venue (such as Facebook® or Twitter®) or other transmission; including but not limited to photos, names, links, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential; and shall be and remain our property, and we 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 information and 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 any information, including about yourself, on or through the Web Site or any social media site related to us or to Kalahari Dream®, 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 known or hereafter developed, and to sublicense such rights to others; as well to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such information. 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 Leo Schachter, its affiliates and third-party providers of any information that you may provide on the Web Site or Leo Schachter or Kalahari Dream related social media site.

Product Presentation

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 the Web Site 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. Additionally, data, including but not limited to prices, may be erroneously displayed due to system or typographical errors. We reserve the right to correct any and all errors when they occur, and neither we nor our authorized retailers will honor any erroneous prices posted on the Web Site.

Counterfeit Warning

Kalahari Dream® jewelry is available exclusively from authorized Kalahari Dream retail jewelers. Buyers should be wary of purported Kalahari Dream merchandise sold through unauthorized channels. Beware of counterfeits. All jewelry purchases should come with a Certificate of Assurance which is provided to authorized Kalahari Dream retail jewelers.

Copyright and Trademark

Kalahari®, Kalahari Dream®, ®, and Unearth a Diamond Uplift a Community® are trademarks owned by Leo Schachter Diamonds, L.L.C.

All product information, product ordering codes and prices are subject to change without notice.

Legal Notices

Use of the Web Site or any social media site is at your own risk. Unless specifically noted, this site, any social media site, their contents or the information available on or through them is provided on an “AS IS” and “AS AVAILABLE” basis and to the extent permitted by applicable law, 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 Leo Schachter, 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, social media sites, 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, social media 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. Leo Schachter 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 Leo Schachter 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 or Leo Schachter or Kalahari Dream social media sites, you agree to indemnify, defend and hold harmless, Leo Schachter, each of its 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, social media 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 Leo Schachter from its offices within New York, United States of America. By accessing this Web Site or Leo Schachter or Kalahari Dream social media sites, both you and Leo Schachter agree that the statutes and laws of New York state, without regard to conflict of laws, will apply to all matters relating to use of this Web Site or such other sites. The competent courts of the State of New York and of the United States of America for the Southern District of New York shall have exclusive jurisdiction with respect to any dispute arising with respect to use of this Web Site or of such other sites.

These Terms and Conditions constitute the entire agreement between you and Leo Schachter with respect to the Web Site and supersede all prior or contemporaneous communications, whether oral, written or electronic, between you and Leo Schachter. Should any of these Terms and Conditions be held invalid or unenforceable, the remaining Terms and Conditions shall remain in full force and effect. We reserve the right to suspend or revoke your right to use the Web Site or Leo Schachter or Kalahari Dream social media sites, to remove any material from the Web Site or social media site, and to terminate the Web Site or social media site at any time in our sole discretion and without notice to you for any reason, or for no reason.

Visitors to this Web Site or social media sites are responsible for their own compliance with local laws regarding Web Site and social media use and access. By placing any content on the Web Site or social media 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 Web Site. These linked sites are not under the control of Leo Schachter and we are 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, we make no representations whatsoever concerning the content of those linked sites. We are not responsible for webcasting or any other form of transmission received from any linked site. The fact that we have 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. We have 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).

Leo Schachter Privacy Policy

Leo Schachter is committed to respecting the privacy rights of our Web Site visitors. Visit our Privacy Policy page for information on how we collect, protect, and use information we receive from visitors to our Web Site.

Modification

You agree that we may modify these Terms and Conditions and any other policies on our Web Site at any time and that posting the modified Terms and Conditions or policies on our Web Site will constitute sufficient notice of such modification.

Questions and Feedback

We welcome your questions, comments, and concerns. Please use the Contact Us page to send us any and all feedback pertaining to any of the foregoing Terms and Conditions, or any other item.

Social Media Policy

Kalahari Dream social media pages are for the personal use of website visitors and may not be used in connection with any third-party commercial endeavors. Any use that, in Leo Schachter’s sole opinion, constitutes illegal and/or unauthorized use of the Kalahari Dream social media pages, including posting offers or information of a commercial nature, collecting usernames and/or email addresses of visitors by electronic or other means for the purpose of sending unsolicited email, or unauthorized framing of or linking to the Kalahari Dream website is strictly prohibited. You are solely responsible for your interactions with others on Kalahari Dream social media pages. We reserve the right, but have no obligation, to monitor disputes between you and other users. Under no circumstances shall Leo Schachter be held liable or responsible for the actions of third parties on any Kalahari Dream social media page. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posts, comments, or conversations without notice. Appropriate legal action may be taken for any illegal or unauthorized use of any information on or associated with Kalahari Dream social media pages. We reserve the right to remove any posting or comment (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Kalahari Dream pages at any time, with or without prior notice, and without liability. The following is a partial list of content that is illegal or prohibited to post on or through Kalahari Dream social media pages. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates this provision. This may include removing the offending communication and terminating access of such violators. Prohibited or illegal content includes, but is not limited to content that:

1) Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

2) Solicits personal information from anyone under 18;

3) Contains restricted or password-only access pages or images;

4) Harasses or advocates harassment of another person, exploits people in a sexual or violent manner, or promotes racism, hatred or physical harm toward any individual or group;

5) Contains nudity, violence, or offensive subject matter or links to an adult website;

6) Promotes any criminal activity or provides instructional information about activities such as, but not limited to, violating someone’s privacy, transmitting or creating computer viruses, or making or buying illegal weapons;

7) Solicits passwords or personal identifying information for commercial or illegal use; involves fraud, obscene material, child pornography, drug dealing, gambling, harassment, or sending of viruses or other harmful files;

8) Includes advertising to, or solicitation of, any user to buy or sell any products or services through Kalahari Dream social media pages.

ENDORSEMENTS

Leo Schachter does not endorse any specific commercial product or company mentioned on the Kalahari Dream website or any commercial product or company linked to this website.