Diamond & Jewelry News, Advice and Prices for Consumers
Diamond & Jewelry News, Advice and Prices for Consumers
Diamondpriceguide.com, (hereinafter referred to as “Diamondpriceguide”), makes this website, www.diamondpriceguide.com (the “Site”), including all information, documents, communications, files, images, text, graphics, descriptions, products and services available through the site (collectively, the “Materials”) and all services operated by Diamondpriceguide and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Diamondpriceguide may publish from time to time (collectively, the “Terms of Use”). “User Content” means all content, including any text, images, graphics and files posted on the Site by you or any other user of the Site. “Diamondpriceguide Content” means all content provided by Diamondpriceguide on this Site.
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, posting any content, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Diamondpriceguide reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Diamondpriceguide does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
In addition to the Materials and Services offered by Diamondpriceguide, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Diamondpriceguide offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold Diamondpriceguide responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Diamondpriceguide Content and User Content available on this Site subject to the following conditions:
The rights specified above to view, download, and print the Diamondpriceguide Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
The trademarks, logos, and service marks, including the “Diamondpriceguide” trademark (“Marks”) displayed on this Site are the property of Diamondpriceguide or other third parties. You are not permitted to use the Marks without the prior written consent of Diamondpriceguide or such third party that may own the Marks.
Our Site accommodates User Content, including, but not limited to, comments, blog entries, postings and user reviews. By submitting any User Content to this Site you grant Diamondpriceguide the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Diamondpriceguide a worldwide, royalty-free, non-exclusive license to modify, edit and reproduce such User Content. You also grant Diamondpriceguide the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted 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; 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 the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to info@diamondpriceguide.com
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another's account, password, service, or system without authorization from Diamondpriceguide; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites. You understand and agree that sending unsolicited email advertisements or spam to Site users is expressly prohibited by these terms.
Diamondpriceguide reserves the right, in its sole discretion, to delete, edit or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Diamondpriceguide may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Diamondpriceguide will have no liability related to User Content. Diamondpriceguide disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. You agree and represent that you are entirely responsible for all User Content that you upload, download, post, list, transmit or otherwise use or make available via the Site. Since we do not control the User Content posted on the Site we cannot and do not guarantee the accuracy, integrity or quality of such User Content.
Without limiting the foregoing, Diamondpriceguide reserves the right, in its sole discretion, to cancel, delete or remove (with immediate effect and without notice) any Materials or Services displayed on or available through the Site (including, without limitation, any advertisements or data feeds), even if payments due in respect thereof were made in full in which case Diamondpriceguide shall refund the applicable portion of the payment made, if such refund is warranted under the circumstances of such cancellation, deletion or removal.
Except as expressly provided otherwise in a written agreement between you and Diamondpriceguide or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Diamondpriceguide makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
You understand and acknowledge that (i) Diamondpriceguide does not control, endorse, or accept responsibility for any content, products, or services offered by third parties or site users through the Site; (ii) Diamondpriceguide makes no representation or warranties whatsoever about any such third parties or site users, their content, products, or services; (iii) any dealings you may have with such third parties or site users are at your own risk; and (iv) Diamondpriceguide shall not be liable or responsible for any content, products, or services offered by third parties or site users.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Diamondpriceguide assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Diamondpriceguide or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Diamondpriceguide or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.
In no event, including, without limitation, negligence, shall Diamondpriceguide, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Diamondpriceguide has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with other users or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
You agree to indemnify and hold Diamondpriceguide, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.
By accessing this Site, you and Diamondpriceguide agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof.
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Diamondpriceguide and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Diamondpriceguide to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision
