Legal Disclaimers

Terms of Use and Privacy Policy

Terms of Use

Welcome to The International Colored Gemstone Association's (ICA) Official Website.

PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING ICA'S ("ICA") WEBSITE, INCLUDING BUT NOT LIMITED TO ALL SUBPAGES ("gemstone.org"), YOU UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.


I. YOUR USE OF gemstone.org

You agree to access and use gemstone.org only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of gemstone.org. By accessing gemstone.org, you agree that you will not:

use gemstone.org to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;

use gemstone.org in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;

use gemstone.org to impersonate other parties or entities;

use gemstone.org to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of gemstone.org or the hardware or software of any other person who accesses gemstone.org;

upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship;
alter, damage, or delete any content posted on gemstone.org;

disrupt gemstone.org or its servers or networks in any way; or

claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent.

The ICA reserves the right to suspend a gemstone.org account and/or suspend access to gemstone.org if the ICA has reason to believe that the account/access is being used for any of the prohibited purposes enumerated in Section I(A)(1-8) above. The ICA shall provide notice of such suspension if you have provided the ICA with an email or other electronic address or mail address when accessing gemstone.org. (Notice shall be given to you at (one of) the address(es) provided.)

II. YOUR PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with any account you use on gemstone.org.

Accordingly, you agree that you will be solely responsible to the ICA for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify the ICA immediately by visiting the Password and Account Problems page.

The ICA reserves the right to suspend your account if the ICA deems you are using the account in violation of Article I of these Terms above.

III. INFORMATION YOU PROVIDE

In order to use certain aspects of gemstone.org, you may be required to provide information about yourself. You agree that any information you give to the ICA will always be accurate, correct and up to date. To learn how the ICA may use such information, please visit the gemstone.org Privacy Policy.

IV. INTELLECTUAL PROPERTY

The ICA respects the intellectual property of others and it asks its users to do the same. Service marks and trademarks contained in or displayed on gemstone.org, and the contents of linked sites operated by third parties, are the property of their respective owners (which may be the ICA). All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on gemstone.org, and the selection and arrangements thereof, are the property of the ICA. All rights are reserved.

Digital Millennium Copyright Act ("DMCA") Notice/Takedown Request

If you believe that your work has been copied in a way that constitutes copyright infringement via its display on, or other use by, gemstone.org, you may submit a message to ica (at) gemstone (dot) org.

V. LINKS TO SITES OF NON-CITY ENTITIES

gemstone.org may contain links to other sites on the Internet that are operated by parties other than the ICA. The ICA does not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein. Like gemstone.org, all other websites operate under the auspices and at the direction of their respective owners who should be contacted directly with questions regarding the content of those sites.

VI. DISCLAIMERS

gemstone.org AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON gemstone.org (WHETHER BY THE ICA OR A THIRD PARTY) INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON gemstone.org.

THE ICA IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, gemstone.org AND/OR THE MATERIALS CONTAINED ON gemstone.org WHETHER THE MATERIALS CONTAINED ON gemstone.org ARE PROVIDED BY THE ICA OR A THIRD PARTY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Ngemstone.org IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

VII. MISCELLANEOUS TERMS

Nothing contained in or displayed on gemstone.org or in these Terms constitutes or is intended to constitute legal advice by the ICA or any of its agencies, officers, employees, agents, attorneys, or representatives.

You agree that if the ICA does not exercise or enforce any legal right or remedy which is contained in these Terms (or which the ICA otherwise has under applicable law), such omission will not be taken to be a formal waiver of the ICA's rights and shall not be construed to be a modification of these Terms.

If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

These Terms, and your relationship with the ICA under these Terms, shall be governed by and construed in accordance with the Laws of the State of New York (notwithstanding New York choice-of-law rules). You agree that any and all claims asserted by or against the ICA arising under or related to these Terms shall solely be heard and determined either in the courts of the United States located in the City or County of New York or in the courts of the State of New York located in the City and County of New York.

The ICA reserves the right to revise and otherwise change these Terms at any time and without notice. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of gemstone.org following the posting of any modification signifies your acceptance thereof. You should periodically visit this page to review the current Terms of Use.

Privacy Policy

The International Colored Gemstone Association (ICA) respects your privacy. ICA provides this website privacy notice to describe how we collect, use, disclose, or otherwise process the data, including personal data, that we collect about you through our website gemstone.org. 

You can use our website to join as a member, order products or request information. The types of personal information collected on our website are:

Contact Name
Company Name
Mailing Address
Email Address
Phone Number
Fax Number

We use the personal information that you provide to process an application for membership, complete an order or provide requested information. The business names of ICA members, as well as phone numbers and addresses, are listed on our website, unless a member requests that the information not be disclosed. Such a request can be made by contacting ICA’s member services at 212-620-0900 or at ica (at) gemstone (dot) org

We use email addresses to answer email we receive, and to send alerts, newsletters and other information to ICA members. Such addresses are not used for any other purpose and are not shared with outside parties.

Other than as described above, we do not share personal information with outside parties except to the extent necessary to complete an order or comply with a request.

“Cookies” are small pieces of information that are stored by your browser on our computer’s hard drive. Most web browsers automatically accept cookies. You can, however, edit your browser options to block them. ICA’s website uses cookies to facilitate automated activity.

ICA uses non-identifying and aggregate information (e.g., web analytics) to improve the design of our website. For example, we use web analytics to determine how many individuals viewed a particular area of our website. We do not disclose any information obtained in this process that could be used to identify these individuals.

Protecting the privacy of the very young is important to us. No part of our website is structured to attract anyone under thirteen. We do not collect information at our website from those we actually know to be under thirteen.

You can access all your personally identifiable information that we collect online by contacting ICA at 212-620-0900 or by sending an email to ica (at) gemstone (dot) org. You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

ICA may, in the future, use collected information in ways that are not currently anticipated. Should we change our privacy policy we will post the changes on our website at www.gemstone.org.

ICA reserves the right to disclose your personal information as required by law and when ICA believes that disclosure is necessary to protect ICA’s rights and/or to comply with a judicial proceeding.

Should you have any questions about these privacy policies please contact us at 212-620-0900.