Terms of Service
Last updated: 2011-12-13
WELCOME! BY USING THE DIAMONDREVIEW.COM OR DIAMOND.INFO WEB SITE AND RELATED PRODUCTS, SERVICES, AND APPLICATIONS ("Services"), AND/OR BY CREATING A USER ACCOUNT, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF SERVICE. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES AND BEFORE CREATING A USER ACCOUNT.
1. THE AGREEMENT
Diamond Review, Inc. (hereinafter referred to as "Diamond Review", "we", or "us") provides its Services to you subject to the Terms of Service outlined in this document, which may be updated by Diamond Review from time to time without notice to you. By accessing the Services, you acknowledge that you have read and understood these Terms of Service, and agree to abide by them. You can review the most current version of this document by visiting http://www.diamondreview.com/misc/tos.
The Terms of Service is the entire agreement regarding your usage of the Services, and supersedes any oral or written communication between you and any employee, officer, or affiliate of Diamond Review. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Diamond Review. If you choose to post content on the Diamond Review forum, you agree to be further bound by our Forum Rules. You may view the most current version of the Forum Rules by visiting http://www.diamondreview.com/forum and clicking on the link labeled "Forum Rules". You may also be subject to additional terms and conditions that may apply when you buy or use affiliate services, third-party goods and services, third-party content, or third-party software.
The Terms of Service and the relationship between you and Diamond Review shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Diamond Review agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. You and Diamond Review agree to conduct all legal proceedings exclusively in the English language. The failure of Diamond Review to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, you agree to send written notice to Diamond Review as set forth in Section 9, detailing any claim or cause of action arising out of or related to your use of the Services or the Terms of Service within one (1) year after such claim or cause of action arose, or be forever barred from pursuing such claim or cause of action.
2. ACCESS TO THE SERVICE
In order to use the Services, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide, at your expense, all equipment necessary to make such connection to the World Wide Web, including, but not limited to, a computer and modem or other access device.
3. LIMITATION OF RELIABILITY AND ENDORSEMENTS
Diamond Review does not represent or endorse the accuracy or reliability of any of the information, content, messages, graphics, drawings, user reviews, or advertisements contained on, distributed through, or linked, downloaded or accessed from the Services nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers, vendors, or users found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser,vendor, or user. You agree that Diamond Review shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, vendors, or users on the Services.
4. ERRORS AND OMISSIONS
Diamond Review is not responsible for any errors or omissions, or for any losses you or any other third party might incur as a result of our errors or omissions, even if we have been previously advised of such errors or omissions. If you believe there is an error in the Services, you may contact us. Any changes we make to the Services as a result of your feedback are at our sole discretion, and we are under no obligation to make any changes you may suggest. Diamond Review reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in the Services without notice to you.
5. EXTERNAL SITES AND RESOURCES
Diamond Review is not responsible for the availability, accuracy, copyright compliance, legality or decency of material contained in any external link or other external resource, including advertisers, that you may access from the Services. You further acknowledge and agree that Diamond Review 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 on any such external content, goods or services.
6. INTELLECTUAL PROPERTY
Diamond Review respects the intellectual property rights of others, and we ask our users to do the same. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which it originated. You, and not Diamond Review, are entirely responsible for anything you upload, email, post, or otherwise transmit to us. You agree not to transmit any information to us in any way that would constitute copyright infringement. Accounts of repeat infringers will be terminated in appropriate circumstances. If any content within the Services contains what you believe to be your work in a way that constitutes copyright infringement, please notify us immediately by following the procedure set forth below.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please submit such notices in written form, postage pre-paid, to:
Diamond Review, Inc.
Attn: DMCA department
PO Box 22069
Seattle, WA 98122
DMCA notices must comply with the requirements of 17 U.S.C. 512(c)(3) and should contain at least the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. In order to comply with this requirement, please include at least a link to the relevant portion(s) of the Diamond Review web site or Services that contain the alleged infringing material.
- The address, telephone number, and e-mail address of the complaining party.
- 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.
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that making a false statement can lead to very expensive civil fines, litigation, and legal fees.
- A physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
There are certain sections within the Services that require registration. By registering, you agree to provide true and accurate information as requested, and to make timely updates if any of your personal information changes. You are fully responsible for all activity that occurs under your password or account, and you agree to keep your password and account confidential.
8. OUR RIGHT TO DISCONTINUE SERVICE
Diamond Review reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that Diamond Review shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Services. You agree that Diamond Review, in its sole discretion, may terminate or restrict your account for any reason whatsoever, with or without notice. You agree that Diamond Review shall not be liable to you or any third party for any termination or restriction of your access.
9. LEGAL NOTICES
You agree to send or cause to have sent any and all legal notices and all legal matters to:
Diamond Review, Inc.
Attn: Legal Department
PO Box 22069
Seattle, WA 98122
You agree that any and all legal notices and legal matters sent to us in any other way (such as, for example, through email, fax, or our website) will have no legal effect and may not be processed.
10. OUR PROPRIETARY CONTENT
You acknowledge and agree that the Services contain information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services, advertisers, or users may be protected by copyrights, trademarks, service marks, patents or other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
You further agree that all information and data you submit to or through the Services becomes the property of Diamond Review.
We welcome your suggestions to improve the Services. However, if you choose to submit such suggestions, you acknowledge that you do so voluntarily, and in doing so you agree to assign to Diamond Review all rights to any and all such suggestions (including patentable inventions), and to make best efforts to assist Diamond Review in the filing, prosecution, or other perfection of any such intellectual property rights. You further agree not to assert any claims against Diamond Review under any intellectual property rights you may have obtained that are based in whole or in part on any voluntary suggestions you may have submitted to us, or to permit or assist others to assert any such claims.
11. DIAMOND REVIEW IS A VENUE
Diamond Review acts as a venue providing information and online resources to assist users and merchants who wish to buy or sell diamonds and jewelry. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items or services offered for sale by any merchant or user listed on or referred by our Services, the truth or accuracy of any claims, the ability of sellers to sell items or the ability of buyers to pay for items. Diamond Review cannot and does not confirm each merchant's or user's purported identity, and we cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.
Your correspondence or business dealings with, or participation in promotions of, merchants, advertisers, or users found on or through Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant, advertiser, or user. You agree that Diamond Review shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants, or users on the Services. In the event that you have a dispute with one or more users or merchants, you release Diamond Review (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Diamond Review may not actively monitor or edit messages, reviews or other content submitted by users. You hereby agree and acknowledge that Diamond Review is merely a service provider under 47 U.S.C. 230 and any other applicable law. You further acknowledge and agree that we have no obligation to edit or delete content which you may find objectionable, offensive, or that you may allege to be defamatory or otherwise prohibited. You further acknowledge and agree that any content submitted by users is the sole opinion and responsibility of such users, and agree not to hold Diamond Review or its officers, agents, employees, directors, or affiliates liable in any way for any such content. Diamond Review will edit or remove content if requested by the original author or his/her authorized agent, or if ordered by a court of law with relevant jurisdiction. You expressly agree to reimburse Diamond Review for all costs (including attorney fees and costs) we incur arising from any actions you or any of your agents take against any third parties under this Article 11. You expressly agree to reimburse Diamond Review for all costs (including attorney costs) we incur in defending any action you or any of your agents pursue against Diamond Review, its agents, employees, directors, officers, or affiliates in contradiction of this Article 11. You further expressly agree that Diamond Review may seek and obtain incidental and punitive damages resulting from you taking any action or acting in any manner that contradicts this Article 11, in addition to any other lawful remedies, and you further acknowledge that your lack of legal knowledge or competent legal counsel shall not in any way diminish the remedies available to Diamond Review as set forth herein.
You agree to indemnify, defend and hold harmless Diamond Review, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use or misuse of the Services, your violation of the Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of Diamond Review's successors, assigns and licensees.
13. WARRANTIES, EXCLUSIONS, AND LIMITATIONS
THE SERVICES ARE PROVIDED BY Diamond Review ON AN "AS IS" BASIS, AND Diamond Review EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES. IN NO EVENT SHALL Diamond Review BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Diamond Review EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Diamond Review MAKES NO WARRANTY THAT
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Diamond Review OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Diamond Review SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Diamond Review HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE SERVICES;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. PROHIBITED OR RESTRICTED ACTIVITIES
You agree that your use of the Services will not : (1) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (2) be fraudulent, false, misleading, or inaccurate; (3) involve the swapping of counterfeit or stolen items; (4) infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (5) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (6) be obscene or contain child pornography or content that is otherwise harmful to minors; (7) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (9) send unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam"; or (10) disclose any username, user ID, password which you may have received from Diamond Review. You agree you will not disclose any information you may access through password-protected areas of the Services and you will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. Diamond Review may immediately terminate, without any warning, the account of any customer who conducts any of the foregoing prohibited activities. You expressly agree to indemnify us against any and all liability arising from you conducting any prohibited activities, as set forth in Section 12 of this Agreement. Furthermore, you may not engage in any activity (or consummate any transaction that was initiated using our Services) that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any of our restrictions or prohibitions. Diamond Review expressly reserves the right to report violations of the foregoing prohibitions and to disclose any information relevant to the prohibited activities to any government authorities, Internet service providers, Internet control organizations, trade organizations, credit bureaus, any enforcement authority, or any other affected third party, with or without notice to you.