These Terms of Service (this “Agreement” and the terms and conditions set forth herein, the “Terms”) govern your access to and use of the services offered by Diamond Hedge LLC, its subsidiaries or its affiliates (collectively, “Diamond Hedge,” “we” or “us”) and websites of Diamond Hedge. By accessing or using the Website (as defined below) or the Services (as defined below) in any manner, you as an individual or a single user on behalf of the entity or company that you represent (“you” or “your” as applicable) agree that you have read and agree to be bound by the Agreement to the exclusion of all other terms. If you do not unconditionally agree to all of the terms and conditions of this Agreement, you will have no right to use the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with all of the terms and conditions of this Agreement to the exclusion of all other terms.
Basic Terms
Diamond Hedge websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other goods and/or services offered, owned or operated by Diamond Hedge in connection therewith, are offered to you solely for your own use, and not for the use or benefit of any third party (collectively, the “Services”). The term “Services” shall include, without limitation, use of the Diamond Hedge network websites and any goods or services Diamond Hedge performs for you and the content, software, tools, and features offered by Diamond Hedge. Diamond Hedge may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content (as defined below). Diamond Hedge may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You represent and warrant to Diamond Hedge that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.span>
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Services and Services Content
Our Website is a diamond search engine. Diamond Hedge does not provide, own or control any of the diamonds or diamond products that you can access through Our Website, such as settings or any jewelry. The Diamond Hedge shopping network, websites, domain names and any other linked and related pages, features, content, products, application services (including without limitation any mobile applications services) and other goods and/or services offered, owned or operated by Diamond Hedge in connection therewith, are offered to you solely for your own use, and not for the use or benefit of any third party (collectively, the “Services”). The term “Services” shall include, without limitation, use of the Diamond Hedge network websites and any goods or services Diamond Hedge performs for you and the content, software, tools, and features offered by Diamond Hedge on the Diamond Hedge network.
The Services are offered by Diamond Hedge from its facilities in the United States of America. Diamond Hedge makes no representations that the Services are appropriate or available for use in other locations. Users who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Diamond Hedge on the Services are subject to change. In consideration for Diamond Hedge granting you access to and use of the Services, you agree that Diamond Hedge and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
The Services that Diamond Hedge provides are always evolving and the form and nature of the Services that Diamond Hedge provides may change from time to time without prior notice to you. In addition, Diamond Hedge may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. Diamond Hedge also retains the right to create limits on use and storage at its sole discretion at any time without prior notice to you.
Diamond Hedge do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Diamond Hedge be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
The Services, and their contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Diamond Hedge in connection with a specific feature of the Service only) and may only be used in accordance with the Terms. All materials displayed or performed on the Services (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations and video (also known as the “Content,” and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You shall not remove, obscure, or alter any notices or links on the Services or any of the features or tools or other Services. In addition, you agree not to access, display, distribute or otherwise exploit User Submissions or any other Content through any technology or means
In the course of using the Services, you and other users may provide information which may be used by Diamond Hedge in connection with the Services and which may be visible to certain other users and you should only provide Content that you are comfortable sharing with others under this Agreement. You are responsible for your use of the Services, for any Content you post to the Services and for any consequences thereof. You understand that by posting information, images, video, blogs, or other content on the Services or otherwise providing User Submissions to Diamond Hedge or in connection with the Services (collectively, “User Submissions”), Diamond Hedge hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, and Diamond Hedge’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, and to allow others to do so, however, Diamond Hedge will only share personally identifiable information that you have not made publicly available in accordance with Diamond Hedge’s current privacy policy. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that Diamond Hedge retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you.
For clarity, the foregoing license grant to Diamond Hedge does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Diamond Hedge will not be liable for any errors or omissions in any content. You understand that Diamond Hedge cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Diamond Hedge cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Diamond Hedge be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Diamond Hedge does not endorse or guarantee any user blogs, video, or other User Submissions and you may not state or imply any such endorsement or guarantee. Diamond Hedge shall have no obligation to monitor any User Submissions, however, Diamond Hedge and its agents reserve the right to monitor User Submissions from time to time and may remove or block any User Submissions on or accessible through the Services, including disabling access to User Submissions that you have downloaded through the Services.
You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Diamond Hedge in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
While Diamond Hedge shall have no obligation and assumes no responsibility for monitoring the Services for inappropriate Content or conduct of its users, Diamond Hedge reserves the right to monitor, block or remove Content for any or no reason without notice to you, including Content that in the sole judgment and discretion of Diamond Hedge, violates the terms of this Agreement, or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. If at any time Diamond Hedge chooses, in its sole discretion, to monitor the Services, Diamond Hedge nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content. You are solely responsible for the Content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
Diamond Hedge reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that Diamond Hedge deems in its sole discretion to be an illegal or unauthorized use of the Services. Diamond Hedge will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.
The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Privacy
Any information that you provide to Diamond Hedge is subject to its Privacy Policy, which governs the collection and use of your information and which is hereby incorporated into this Agreement by reference. You understand that through your acceptance of this Agreement constitutes your acceptance and agreement to be bound by the Privacy Policy.
Your Warranty
You warrant, represent and agree that you will not contribute any User Submissions (including, without limitation, anything in connection with your blog(s)) or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) involves commercial activities and/or sales without Diamond Hedge’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Diamond Hedge. Diamond Hedge reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Diamond Hedge is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Diamond Hedge, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Diamond Hedge and to grant Diamond Hedge the rights to use such information in connection with the Services and as otherwise provided herein.
Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Diamond Hedge encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Diamond Hedge cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Cookies
A cookie is a small text file that is stored on a user's computer for tracking and record-keeping purposes. We use both session ID cookies and persistent cookies, to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies via your browser’s ‘clear cookie’ function. Unless you have adjusted your browser setting so that it will refuse cookies, we will drop cookies as soon as you visit our site. Our site uses cookies and may generate revenue through links on the site. Persistent cookies enable us to track and target your interests to enhance your experience on our website. For example, we use this data to understand how you interact with our website so we can make improvements to the information and design of our website. By agreeing to the terms of this privacy policy, you consent to the cookies referenced above being dropped onto your machine.
Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Diamond Hedge a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Diamond Hedge to make such Content available to other companies, organizations or individuals who partner with Diamond Hedge for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Diamond Hedge, or other companies, organizations or individuals who partner with Diamond Hedge, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
Diamond Hedge may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and Diamond Hedge’s third party partners. You understand that your Content may be rebroadcasted by Diamond Hedge’s partners and if you do not have the right to submit Content for such use, it may subject you to liability. Diamond Hedge will not be responsible or liable for any use of your Content by Diamond Hedge in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Diamond Hedge Rights
All right, title, and interest in and to the Services (excluding User Submissions) are and will remain the exclusive property of Diamond Hedge and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in this Agreement gives you a right to use the Diamond Hedge name or any of the Diamond Hedge trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Diamond Hedge, or the Services is entirely voluntary and Diamond Hedge will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
Diamond Hedge reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Services in connection with such Services selected by you. Diamond Hedge reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement
Restrictions on Content and Use of the Services
Diamond Hedge reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Diamond Hedge also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Diamond Hedge, its users and the public.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Diamond Hedge user. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page or Content of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the Services.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Diamond Hedge’s computer systems, or the technical delivery systems of Diamond Hedge’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Diamond Hedge (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Diamond Hedge (NOTE: crawling or scraping the Services without the prior consent of Diamond Hedge is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy
Diamond Hedge respects the intellectual property rights of others and expects users of the Services to do the same. Diamond Hedge will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide Diamond Hedge with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 Diamond Hedge to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
Diamond Hedge reserves the right to remove Content alleged to be infringing without prior notice and at its sole discretion. In appropriate circumstances, Diamond Hedge will also terminate a user’s account if the user is determined to be a repeat infringer. You can fine more about Diamond Hedge’s Trademark policy. Diamond Hedge’s designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Email: contact@diamondhedge.com
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