TERMS AND CONDITIONS

Welcome to Jewelry Television® and to jtv.com! These terms and conditions are entered into by and between you and America’s Collectibles Network, Inc. d/b/a Jewelry Television® (“JTV”) (the “Agreement”) By accessing and/or using the jtv.com website (the "website") and/or by ordering products and/or services offered on the website or the JTV television network (the “network”), you are agreeing to this Agreement. If you do not agree to be bound by the Agreement, then you cannot access or use the website or make an order on the website or the network. This Agreement is effective as of July 21, 2009.

JTV is affiliated with a variety of other companies (“Affiliated Companies”) such as Multimedia Commerce Group, Inc. (“MCGI”), the parent company of JTV. For purposes of these terms and conditions, Affiliated Companies shall include any entity or joint venture that is wholly or partially owned or controlled by JTV or MCGI, that wholly or partially owns or controls JTV or MCGI, or that is related to JTV or MCGI through common ownership. The references to “JTV” in these terms and conditions also refer to Affiliated Companies that utilize jtv.com or that link to these terms and conditions from another website.

Use of the website. Use of the website is restricted to individuals who are either age 18 or over, or those between the ages of 13 and 18, who are using the website with the permission of a parent or guardian. By using the website, you represent to JTV that you are in one of these age categories.

In addition to agreeing to the terms and conditions contained herein, you agree to abide by any and all laws, statutes, ordinances, rules and regulations concerning your use of the website and/or the network. As a condition of access to and use of the website and/or the network, you warrant to JTV that you will not access or use the website or the network for any purpose that is unlawful or prohibited by this Agreement.

If you would like, you may register on the website by creating an account. In order to register, you must provide your name (not an assumed name), valid address, valid email address and valid phone number. In order to bid on and participate in auctions on the website, you must additionally provide your valid credit card information. You are responsible for providing JTV with updated contact information. JTV will rely on the most recent information provided by you in order to contact you.

It is your sole responsibility to maintain the security of your account and password. Your password is for your personal use only and may not be used by any third party, even with your permission. You are solely responsible for any and all actions taken under your password on this website. You agree to be financially responsible for all of your use of this website.

Price and Ordering. All prices shown on the website and the network are quoted in United States Dollars. In addition to the price for goods and services, JTV will add charges for shipping and handling and also sales tax (where required by law) to all orders. JTV reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website and the network without incurring any obligation to you. Descriptions of, or references to, products or services on the website and/or the network do not imply endorsement of that product or service, or constitute a warranty, by JTV.

The receipt by you of an order confirmation does not constitute JTV's acceptance of an order. Prior to JTV’s acceptance of an order, verification of information may be required. JTV reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from JTV, for any reason. JTV reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price for any reason, including, without limitation, due to supplier pricing information, typographical error, or any other error, JTV shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, JTV shall promptly issue a credit to your credit card account in the amount of the incorrect price.

The risk of loss and title for all products purchased by you and shipped by JTV pass to you upon JTV's delivery to the carrier for shipment to the customer’s specified delivery address. The risk ofloss and title for all products purchased by you and shipped directly by one of JTV’s vendors passfrom such vendor to you upon such vendor's delivery to the carrier for shipment to the customer’s specified delivery address.

Unless specifically stated in the offer, coupons, discounts and other savings certificates are not applicable to auction or The Vault (XT product) purchases.

Additional Terms. Policies that are contained in the Help section of JTV’s website will also affect your relationship with JTV. These policies are part of this Agreement and provide additional terms and conditions concerning your dealings with JTV. For example, currently the terms and conditions on the following topics are contained in our website’s Help section, and are additional terms and conditions that will govern our relationship:

• Shipping
• Returns
• Orders
• JTV Community Policy
• JTVAuctions.com

Each of these policies may be changed from time to time. Also, new topics and/or programs may be added to our website and/or our network. Changes and/or additions take effect when JTV posts them on the website. The above policies and rules are hereby incorporated into this Agreement.

Access and Interference. You agree that you will not: take any action that imposes or may impose (in JTV’s sole discretion) an unreasonable or disproportionately large load on JTV’s infrastructure; use any robot, spider, scraper or other automated means to access the website for any purpose without JTV’s express written permission; interfere or attempt to interfere with the proper working of the website or any activities conducted on the website.

Auctions. The website currently conducts numerous types of auctions including, without limitation, reserve auctions and no-reserve auctions. (A “reserve price” is the lowest possible selling price.) Information applicable to these auctions is covered in the Auction Help pages on the website.

• Bidding and Buying in Auctions. You acknowledge that you are legally obligated to complete any and all auction transactions on the website in which you "win" by being the high bidder and provided that any reserve price has been met. Bids are not cancelable or retractable except in extraordinary and exceptional circumstances such as when an error or omission has been made in the description of an item. Any failure to complete an auction transaction on your part may result in your being denied use and access to the website in addition to any other remedies available at law or equity.
• Applicability of Special Offers for Auctions. Unless otherwise specifically stated, coupons, discounts and other savings certificates are not applicable to auction purchases.

User Submissions.Any information or other communications you transmit to JTV, including any questions, comments, or suggestions will be treated as non-confidential and non-proprietary in nature, subject to the provisions of JTV’s applicable Privacy Policy and the JTV Community Policy as well as applicable policies in section 3 above.

Website Content The text, images, logos, graphics, photographs, descriptions, illustrations, data and other material on the website, as well as the selection, assembly and management thereof are herein collectively referred to as the "Content" JTV reserves the right to discontinue, correct, delete, update, or change any Content, product specifications and prices at anytime without notice to you.

Unless otherwise agreed in writing, the Content is the exclusive property of JTV and is protected under the copyrights, trademarks, service marks, and other proprietary rights that are owned by JTV or by third parties that have licensed their use to JTV. Unless JTV agrees otherwise in writing, your use of the Content is limited to your own personal, non-commercial use in connection with shopping and ordering on the website and for no other purpose. Any use, by you or anyone else authorized by you, other than that specifically authorized in this Agreement or in writing by JTV is strictly prohibited. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the website without the written permission of JTV or any third party that may own the trademarks or service marks displayed on the website. JTV will aggressively enforce its intellectual property rights to the fullest extent of the law. The Content may contain errors, inaccuracies, omission and typographical errors or may be out of date. You acknowledge that JTV provides the Content for informational purposes only and that any errors, inaccuracies, or omissions in the Content are not binding on JTV unless specifically indicated to be so.

Changes and Amendments. JTVRESERVES THE RIGHT TO CHANGE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. SUCH CHANGES AND AMENDMENTS SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE POSTING OF SAME TO THE WEBSITE. YOU ARE RESPONSIBLE FOR REVIEWING THE WEBSITE PERIODICALLY FOR ANY MODIFICATION TO THIS AGREEMENT THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS HEREUNDER. YOUR CONTINUED ACCESS AND USE OF THE WEBSITE AND/OR PLACING ORDERS ON THE NETWORK AFTER THE POSTING OF CHANGES AND AMENDMENTS SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF ANY REVISIONS OR ADDITIONS.

Termination of Agreement. JTV shall have the right to terminate this Agreement with you at any time and without notice to you. In the event of the termination of this Agreement, you agree that you are no longer authorized to access or use the website and/or the network and that you will immediately cease your use of the website and the network. The restrictions imposed on you with respect to the Content (as defined in Section 7 (Website Content)), and the disclaimers, indemnities, and limitations of liabilities set forth in these terms and conditions shall survive termination.

JTV shall be under no obligation to continue operation of the website or the network. JTV may terminate operation of the website or the network or any portion thereof, or any products or services offered through the website or the network or terminate any individual's right to access or use the website or the network at any time without notice to you, in its sole discretion, without any liability to you whatsoever.

Indemnity. You agree to defend, indemnify and hold harmless JTV, its affiliates, employees, officers, directors, and agents from any claim, losses, damages, liabilities, costs, or demand, including reasonable attorney's fees, made by any third party arising out of or relating to your breach of this Agreement or your access to or use of the website or the network; provided, however, this indemnity shall not apply to any claim, losses, damages, liabilities, costs or demands resulting from JTV’s gross negligence or willful misconduct. The foregoing indemnification obligation shall survive termination of this Agreement and the website and any product or service provided to you arising out of or relating to your use of the website or the network.

Breach of this Agreement. In the event that you breach any part of this Agreement, JTV may immediately issue a warning to you, temporarily suspend or terminate your membership and refuse to provide services to you, in addition to all other rights or remedies available at law or equity.

Links to Other Third Party Sites. Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement or approval by JTV of the content, policies or practices of such linked sites. Linked sites are not operated, controlled, or maintained by JTV, and JTV is not responsible for the availability, content, security, policies, terms and conditions, or practices of linked sites, including without limitation the accuracy of content on linked sites and the privacy policies and practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.

About Gemstone Treatments. Following a rigorous protocol, JTV verifies and attempts to inform its customers about material treatment of the stones JTV sells. Despite JTV’s protocol, it is possible that some forms of material treatment may occur without JTV’s knowledge. The treatment information JTV provides is to the best of its knowledge. To learn more, visit jtv.com/library.

Disclaimer and Limitation of Liability as to the Website and Content. JTV MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY LINKED WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE OR THE CONTENT INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. JTV ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED WEBSITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING THE WEBSITE AND ALL CONTENT PROVIDED ON THE WEBSITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL JTV, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY LINKED WEBSITE OR ITS CONTENTS, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV’S LIABILITY EXCEED TEN DOLLARS AND NO CENTS ($10.00).

Disclaimer and Limitation of Liability as to Products and Services. JTV WANTS YOU TO BE COMPLETELYSATISFIED WITH YOUR PURCHASES THROUGH THE WEBSITE AND THE NETWORK. EXCEPT FOR NON-RETURNABLE ITEMS (ITEMS THAT HAVE BEEN SIZED, ALTERED BY A THIRD PARTY, SOLD AS SCRATCH AND DENT OR AUCTION ITEMS OR OTHERWISE NON-RETURNABLE IN ACCORDANCE WITH JTV’S PUBLISHED POLICIES), IF FOR ANY REASON YOU ARE NOT ENTIRELY PLEASED WITH A PRODUCT YOU PURCHASED FROM JTV SIMPLY RETURN IT AS SPECIFIED IN JTV’S RETURN POLICY WITHIN THIRTY (30) DAYS OF RECEIPT FOR EXCHANGE OR FULL REFUND OF THE PURCHASE PRICE. AFTER EXPIRATION OF THE 30-DAY RETURN PERIOD, JTV MAKES NO WARRANTIES, EXPRESS OR IMPLIED AND JTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY COVER THE PRODUCTS SOLD ON THE WEBSITE OR NETWORK MAY BE PROVIDED BY THE APPLICABLE MANUFACTURERS. ACCORDINGLY, EXCEPT AS SPECIFIED ABOVE, JTV MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD.

UNDER NO CIRCUMSTANCES SHALL JTV, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS AND BUSINESS INTERRUPTION WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF JTV IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JTV'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

Entire Agreement. Unless otherwise stated by JTV in writing, this Agreement constitutes the entire agreement between JTV and the user with respect to the subject hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Applicable Law.This Agreement shall be governed and construed according to the laws of the State of Tennessee, without regard to its conflicts or choice of law provisions. Any and all controversies arising out of, or related to, this Agreement, use of the website, or any orders placed or products purchased on the website shall be tried in the United States District Court of the Eastern District of Tennessee at Knoxville, Tennessee unless that Court lacks subject matter jurisdiction in which case the courts of general jurisdiction of Knox County, Tennessee shall be the appropriate forum and venue for any such action.

General. No waiver by JTV of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms herein and shall not affect the validity and enforceability other provisions of the Agreement. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Agreement.

JTV shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

DMCA Notification Agent. In accordance with the Digital Millennium Copyright Act (DMCA), JTV has designated an agent to receive notification of alleged copyright infringement occurring on the website.

DMCA Notification Agent

Attn: JTV Legal Department

190 Hayfield Drive

Knoxville, Tennessee 37922

e-mail:Stephen.roth@jtv.com

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For JTV to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing JTV of an alleged copyright infringement, you should include the following information:

• Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works at a single online site are involved, please provide a representative list of such works on that website.
• Describe the material that is claimed to be infringing and provide sufficient information to permit JTV to locate that material, including the item number, if applicable.
• Provide your contact information, including an address, telephone number, facsimile number and, if available, an e-mail address.
• Certify or include a statement that you have a good faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
• Certify that the information that you have provided JTV is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
• Include your physical or electronic signature.

JTV may not be able to act on your complaint promptly or at all if you do not provide this information.

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