Customer Service: Privacy Statement

Protecting Your Privacy is Very Important to Us

At PalmBeach we want to demonstrate our commitment to your privacy, and notify you of the following:

  1. What personally identifiable information of yours or third party personally identifiable information that is collected from you through the website
  2. The organization collecting the information
  3. How the information is used
  4. With whom the information may be shared
  5. What choices are available to you regarding collection, use and distribution of the information
  6. The kind of security procedures that are in place to protect the loss, misuse or alteration of information under PalmBeach control
  7. How you can correct any inaccuracies in the information
If you have questions or concerns regarding this statement, you should first contact PalmBeach by e-mailing customerservice@palmbeachjewelry.com .

At PalmBeach, we are committed to protecting your privacy. PalmBeach does not sell, share or rent this information to others in ways different from what is disclosed in this statement.

The Information We Gather from You on our Website

We want to make sure that we provide you with as much information about our products and services as possible, while only asking you for the information we need to provide you with the services you've requested. Currently, we ask that you provide us with the following information:

Catalog Requests
We would love to send you our catalog! In order to do so, we need your name and mailing address. We also ask for your daytime and evening phone numbers and e-mail address in case we need to contact you directly.

Newsletter/Promotional E-mail
We need your e-mail address to keep you instantly aware of our special promotions and latest additions.

Purchasing
We need your name, shipping and billing addresses, daytime phone number and e-mail address to expedite your order. If you select to pay by credit card, we need your credit card number, type of card and expiration date. We ask for your evening phone number as optional information in case we need to contact you directly. We also collect information about the products added to your cart and the orders you place.

Tell A Friend
If a user elects to use our referral service for informing a friend about our site, we ask the user for the friend's name and email address. PalmBeachjewelry.com will automatically send for a one-time email inviting him/her to visit the site. PalmBeachJewelry.com does not store this information, and it is only used for the sole purpose of sending this one-time e-mail.

Registration
In order to use this website to its fullest potential, users may complete the registration form. During registration, users are required to give their contact information (such as name and e-mail address). This information is used to contact users about the services on our site for which they have expressed interest. It is optional for users to provide demographic information (such as income level and gender), but encouraged so we can provide a more personalized experience on our site.

Surveys
We sometimes conduct online surveys which may ask visitors for contact information and demographic information. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. Survey information will be used to monitor or improve the site.

How We Use This Information

Ultimately, our goal is to provide you with a website that's virtually tailor-made to your interests. By keeping records of your purchasing history, we can shape the focus of our website and catalogs to personalize your shopping experience with us and make you instantly aware of products and services that best match your interests.

Your Options Regarding Your Personal Information

If you do not wish to receive promotional e-mails, newsletters or promotional information from our company, here are your options:

  1. You can e-mail our customer service department at customerservice@palmbeachjewelry.com.
  2. You may call our Customer Care Center Monday - Friday 8:00am to 11:00pm and Saturday - Sunday 9:00am to 11:00pm Eastern Time at 866-804-3745.
  3. All e-mail promotions sent to you will provide instructions on how to unsubscribe.
If a user's personally identifiable information changes (such as zip code, phone, e-mail, or postal address), or if a user no longer desires our services, we provide a way to correct, update or delete/deactivate users' personally identifiable information. This can usually be done by e-mailing our Customer Support service at customerservice@palmbeachjewelry.com

How Secure is our Website?

We have taken every measure possible to ensure that your personal information remains secure. We incorporate the industry-standard SSL encryption for maximum protection. In addition, you will always be informed when you enter a secure area via a "pop-up" message. This message is our way of reassuring you that your credit card transaction is safe. Simply click to continue. When going from a secure area to a non-secure area, another message will appear to let you know that you are leaving the secure area of that site (if your browser preferences are set to allow this).

All about "Cookies" and Log Files

"Cookies" are minute pieces of information that are stored by your browser on your computer's hard drive. Cookies contain absolutely no personal information about you. A cookie is merely a text file that allows us to maintain your shopping list between visits and provide you with access to your personal shopping account information. Most web browsers automatically accept cookies, but in most cases you can change your browser to prevent them.

PalmBeachJewelry.com does not have control or access to the data collected through third party cookies.

Log Files: We use IP addresses to analyze trends, track user's movements and gather demographic information. No IP addresses are linked to any personally identifiable information.

Notification of Changes

Should we decide to change our privacy policy, we will post the changes to our Home Page so that you are always aware of what information we collect, how we use it and under what specific circumstances, if any, we may disclose it. If we should at any time make the determination to use personally identifiable information in a manner different from what is stated at the time it is collected, we will notify you via e-mail. You always have the choice as to whether or not we use your information in this different manner. We will only use information gathered in accordance with the privacy policy under which the information was collected.

Legal Disclaimer

Though we make an effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith believe that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Facebook Contest Terms & Conditions

PLEASE READ THESE PALMBEACH JEWELRY TERMS OF USE ("Terms of Use") CAREFULLY. IN THE CASE OF SOME PROMOTIONS, THE SERVICE ALSO PROVIDES AN ONLINE ENTRY FORM THROUGH WHICH PROMOTION ENTRANTS ("Entrants") CAN SUBMIT ENTRIES FOR SPONSOR PROMOTIONS. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS POSTED ON PALMBEACH JEWELRY'S WEB SITE(S), AS SUCH TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME IN PALMBEACH JEWELRY'S SOLE DISCRETION. YOU AGREE TO COMPLY IN ALL RESPECTS WITH THESE TERMS OF USE AND ANY TERMS AND CONDITIONS SET FORTH ON SUCH WILDFIRE INTERACTIVE WEB SITES.

These Terms of Use include terms applicable to: (1) actual and prospective Entrants; (2) Sponsors; and (3) both actual and prospective Entrants and Sponsors. These Terms of Use include, and incorporate by reference, the agreements, policies and guidelines referenced below.

PalmBeach Jewelry reserves the right to change or revise these Terms of Use at any time by posting any changes or revised Terms of Use on this website, www.PalmBeachJewelry.com (the "PalmBeach Jewelry Site") at any time and in its sole discretion. Notice will be provided by posting such changes on the PalmBeach Jewelry Site and updating the "Date of Last Revision" (listed above), and such changes will apply to any use of the Service made after the changes are posted to the PalmBeach Jewelry Site. You also expressly waive any right you may have to individual notice of such changes to the Terms of Use. Therefore, you should review these Terms of Use prior to each use of the Service so you will understand the current, applicable terms. If you do not agree to the amended terms, you must stop using the Service.

I. TERMS AND CONDITIONS APPLICABLE TO ALL USERS OF THE SERVICE

A. PalmBeach Jewelry does not actively monitor the use of the Service or Sponsor Promotions. Similarly, PalmBeach Jewelry does not exercise editorial control or review over the content or nature of any Promotion or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through the Promotions. If at any time PalmBeach Jewelry chooses, in its sole discretion, to monitor a Promotion, PalmBeach Jewelry nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Promotion, and no responsibility for the conduct of any third party entering or conducting a Promotion. PalmBeach Jewelry intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on the PalmBeach Jewelry Site or of any applicable laws, rules, or regulations. By using the Service, you release PalmBeach Jewelry from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge that PalmBeach Jewelry reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the PalmBeach Jewelry Site and updating the "Date of Last Revision" for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the PalmBeach Jewelry Site or Service made after the changes are posted to the PalmBeach Jewelry Site. You also expressly waive any right you may have to individual notice of such changes. PalmBeach Jewelry may take any one or more of the following actions, or other actions not listed, at PalmBeach Jewelry's sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on the PalmBeach Jewelry Site or associated with the Service: (i) issue warnings: written or verbal; (ii) suspend or terminate a Promotion and/or your use of the Service, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

B. PalmBeach Jewelry may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless PalmBeach Jewelry and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions.

C. Because of situations beyond the control of PalmBeach Jewelry, PalmBeach Jewelry cannot guarantee that the Service will be available to you or that the Service will function properly. PalmBeach Jewelry does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WILDFIRE INTERACTIVE MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE OR THAT SPONSORS' PROMOTIONS WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. WILDFIRE INTERACTIVE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY PROMOTIONS OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY PROMOTION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, WILDFIRE INTERACTIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.

D. The Service may provide, or third parties may provide, links to other websites, resources or services, including without limitation Sponsor web sites, social networking websites, and payment processing services. Because PalmBeach Jewelry has no control over such websites, resources or services you acknowledge and agree that PalmBeach Jewelry is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any Promotion, content, advertising, products, services or other materials on or available from such external sites. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WILDFIRE INTERACTIVE AND ITS PARENT COMPANIES, AFFILIATES, AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE OF ANY SUCH PROMOTION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE, RESOURCE OR SERVICE. When you leave the PalmBeach Jewelry Site, you should be aware that our terms and policies no longer govern. Please review the terms of use and privacy policy of any third-party website that you wish to link to from the PalmBeach Jewelry Site before you use such third-party website.

E. You agree to not use the Service to:

  • intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, including, but not limited to, a PalmBeach Jewelry employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
  • make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
  • interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or PalmBeach Jewelry Site, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service, the PalmBeach Jewelry Site, or any other host or network;
  • access content or data not intended for you, or log onto a server or account that you are not authorized to access;
  • attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by PalmBeach Jewelry or used by PalmBeach Jewelry in providing the Service; or
  • use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).

F. The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the United States copyright laws. PalmBeach Jewelry owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PalmBeach Jewelry. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. PalmBeach Jewelry, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.

G. PalmBeach Jewelry respects the rights of all copyright holders. PalmBeach Jewelry has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PalmBeach Jewelry's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 3. 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 PalmBeach Jewelry to locate the material;
  • 4. Information reasonably sufficient to permit PalmBeach Jewelry to contact the complaining party;
  • 5. 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; and
  • 6. 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 of the owner of an exclusive right that is allegedly infringed.

Please submit your notice to PalmBeach Jewelry’s Copyright Agent as follows:
Copyright Agent
PalmBeach Jewelry
6400 East Rogers Circle
Boca Raton, FL
Email: info@palmbeachjewelry.com

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. The Counter-Notice must contain:

  • 1. Your physical or electronic signature;
  • 2. Identification of the material removed or to which access has been disabled;
  • 3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  • 4. Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please submit your Counter-Notice to PalmBeach Jewelry’s Copyright Agent via email or mail to the addresses specified above.

H. We encourage parents to take an active interest in their children's use of the Internet. The PalmBeach Jewelry Site is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on our PalmBeach Jewelry Site.

I. If there is any dispute about or involving the PalmBeach Jewelry Site or Service, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the federal and state courts located in the State of California. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in these Terms of Use to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by PalmBeach Jewelry. These Terms of Use and any and all other online policies and agreements promulgated by PalmBeach Jewelry, including without limitation PalmBeach Jewelry's User Agreement (for Entrants) and User Agreement (for Sponsors) constitute the entire agreement between PalmBeach Jewelry and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of PalmBeach Jewelry to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms of Use is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Use.

II. TERMS AND CONDITIONS APPLICABLE TO PROSPECTIVE PROMOTION ENTRANTS OF PROMOTIONS USING THE WILDFIRE APPLICATION

A. Requests for Your Personal Information
Sponsors using the Service may ask you for certain personal information (name, address, gender, date of birth, etc.) when you fill out the entry form for that Sponsor's Promotion. Providing this information is strictly optional. However, if you choose not to enter the information required by the Sponsor in its Promotion rules, then you may not be eligible to participate in the Promotion. Please see each Sponsor's Promotion rules for entry requirements and other important details.

You acknowledge and agree that PalmBeach Jewelry may use any information you provide in a Promotion entry form available through and/or using the Service, for the purpose of aggregate analysis of the performance of the Promotions conducted using the Service; to communicate with you (including without limitation by e-mail) about your use, misuse, and/or purchase of its products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you e-mails about PalmBeach Jewelry's products or services, including for example, about other Promotions available through the Service; and as otherwise permitted in PalmBeach Jewelry's Terms of Use and online policies. Additionally, if you add one of our social network applications, you will be agreeing to that social network's policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about PalmBeach Jewelry's products or services, including for example, about other Promotions available through the Service.

B. Access to Your Personal Information
If you provide personal information when completing the entry form for a Promotion being run using the Service, both the Sponsor running the Promotion and PalmBeach Jewelry will be able to view that personal data. (Sponsors may provide your personal information to parties assisting with its Promotion (e.g., providers of prizes); so please review each Sponsor's Promotion rules and privacy policy for details.) However, PalmBeach Jewelry is not responsible for such Sponsor's use of that personal data, nor any claims or damages that may arise from any such Sponsor's distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that PalmBeach Jewelry shall not be liable or responsible for any use of your personal data by any Sponsor running any Promotion or any other third party. Please see each Sponsor's Promotion rules and privacy policy for details on how that Sponsor handles your personal information, including without limitation, information you enter in any Promotion entry form.

C. Promotion Terms & Conditions
Each Sponsor running a Promotion using the Service is responsible for providing its own Promotion rules, terms, and conditions, and ensuring such Promotion complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Promotion is provided in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that PalmBeach Jewelry shall not be responsible or liable for any Sponsor's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Promotion.

III. FOR SPONSORS RUNNING PROMOTIONS USING THE WILDFIRE APPLICATION

A. Entrant's Personal Information
PalmBeach Jewelry acknowledges that you will receive information provided to you by each Entrant, as specified in your Promotion rules. You acknowledge and agree that PalmBeach Jewelry has the option (in its sole discretion) to use such information, royalty-free, for the purpose of conducting aggregated analysis of the performance of the Promotions conducted using the Service; to communicate with Entrants (including without limitation by e-mail) about their use, misuse, and/or purchase of PalmBeach Jewelry's products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; to send them e-mails about PalmBeach Jewelry's products or services, including for example, about other Promotions available through the Service; and as otherwise permitted in PalmBeach Jewelry's Terms of Use and online policies. Wildfire will not send e-mails about PalmBeach Jewelry's products or services, including for example, about other Promotions available through the Service to Entrants of white-label applications that are running via the Wildfire technology.

B. Compliance with Laws and Regulations
You acknowledge and agree that PalmBeach Jewelry's Service merely helps Sponsors publish their Promotions and that the Service provides no safeguards that ensure that you operate your Promotion properly or legally. You further acknowledge and agree that you are responsible for providing Promotion rules, terms, conditions, privacy policies or statements and ensuring that your Promotion complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Promotion(s), including without limitation in connection with all advertising and marketing associated with your Promotion(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless PalmBeach Jewelry and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Service, your violation of these Terms of Use or any other agreement between you and PalmBeach Jewelry, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by any Entrants in your Promotion(s), of any intellectual property or other right of any person or entity. PalmBeach Jewelry will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Use will inure to the benefit of PalmBeach Jewelry's successors, assigns and licensees.

C. CHARGES
For information about PalmBeach Jewelry's pricing policy, please visit www.wildfireapp.com/pricing

D. ENTIRE AGREEMENT
These Terms and Conditions (including terms incorporated into them, e.g. the agreements, policies and guidelines referenced herein) and any policies and guidelines posted to the Service comprise the entire agreement (the "Entire Agreement") between you and PalmBeach Jewelry with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

E. SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION
Facebook requires that PalmBeach Jewelry notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:

I. Introduction

The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications").

The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.

PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information"). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.

II. Consent Regarding Use of Facebook Site Information

Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):

(a) any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and

(b) the user ID associated with your Facebook Site profile.

(c) Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.

(d) Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.

(e) Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company's sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer's actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.

(f) Facebook Applications. Platform Applications developed by Facebook ("Facebook Applications") may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.

III. Use of Platform Applications

(a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.

(b) Facebook Terms of Use. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Use, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Use directly contradict such Facebook Site Terms of Use, these Platform Application Terms of Use shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Use, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;

(c) You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and

(d) Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook's prior written consent. Facebook may require you to agree to additional or different terms of use and may notify you of additional or different policies that may apply to particular Facebook Applications.

(e) ALL PLATFORM APPLICATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

(f) Integration or "Entire Agreement" Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III (c), (d) (e) and (g) and this paragraph (f), , except to the extent that such terms directly conflict with the terms of such other agreement or terms.

(g) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

(h) Modifications. Facebook reserves the right to modify these Platform Application Terms of Use at any time, in its sole discretion. If Facebook elects to modify this Agreement, Facebook will post a change notice or a new agreement on the Facebook Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR FACEBOOK TO PROVIDE FACEBOOK SITE INFORMATION TO DEVELOPERS AS DESCRIBED IN PARAGRAPH (h) ABOVE. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.