General
The following are the rules or "Terms" that
govern use of the DiamondsRight Web site ("Site"). By using or
visiting the Site, you expressly agree to be bound by these Terms and to follow
these Terms and all applicable laws and regulations governing the Site.
DiamondsRight reserves the right to change these Terms at any time, effective
immediately upon posting on the Site. If you violate these Terms of Use,
DiamondsRight may terminate your use of the Site, bar you from future use of
the Site, cancel your order, and/or take appropriate legal action against
you. If any of these Terms shall be
deemed invalid, void, or for any reason unenforceable, that Term shall be
deemed severable and shall not affect the validity and enforceability of any
remaining condition.
Conflict Diamonds
DiamondsRight only purchases diamonds from legitimate and
respected sources. We support the Kimberley Process, a bill passed in 2003
requiring all United States diamond retailers to buy their diamonds through
legal channels only. US customs enforces this process.
Treated Diamonds
DiamondsRight only sells natural diamonds. None of the
diamonds DiamondsRight offers have been treated or clarity enhanced in any way.
Permitted Use
You agree that you are only authorized to visit, view and
to retain a copy of pages of this Site for your own personal use, and that you
shall not duplicate, download, publish, modify or otherwise distribute the
material on this Site for any purpose other than to review event and
promotional information, for personal use, or to purchase diamonds or
merchandise for your personal use, unless otherwise specifically authorized by
DiamondsRight to do so. The content and software on this Site is the property
of DiamondsRight and/or its suppliers and is protected by U.S. and
international copyright laws.
Links
The Site may automatically produce search results that
reference or link to third party sites throughout the World Wide Web.
DiamondsRight has no control over these sites or the content within them.
DiamondsRight cannot guarantee, represent or warrant that the content contained
in the sites is accurate, legal and/or inoffensive. DiamondsRight does not
endorse the content of any third party site, nor do we warrant that they will
not contain viruses or otherwise impact your computer. By using the Site to
search for or link to another site, you agree and understand that you may not
make any claim against DiamondsRight for any damages or losses, whatsoever,
resulting from your use of the Site to obtain search results or to link to
another site. If you have a problem with a link from the Site, please notify us
at 1-800-707-9041 and we will investigate your claim and take any actions we
deem appropriate in our sole discretion.
Electronic Communications
When you visit DiamondsRight or send e-mails to us, you
are communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures and
other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Violation of the Terms
You understand and agree that in the sole discretion of
DiamondsRight, and without prior notice, DiamondsRight may terminate your
access to the Site, cancel your order or exercise any other remedy available
and remove any unauthorized User Content, if DiamondsRight believes that the
User Content you provided has violated or is inconsistent with these Terms of
Use violated the rights of DiamondsRight, another User or the law. You agree
that monetary damages may not provide a sufficient remedy to DiamondsRight for
violations of these terms and conditions and you consent to injunctive or other
equitable relief for such violations. DiamondsRight may release user
information about you if required by law or subpoena, or if the information is necessary
or appropriate to release to address an unlawful or harmful activity.
DiamondsRight is not required to provide any refund to you if you are
terminated as a User because you have violated these Terms of Use.
Copyright Policy
We will terminate the privileges of any user who uses
this Site to unlawfully transmit copyrighted material without a license express
consent, valid defense or fair use exemption to do so. In particular, users who
submit Content to this Site, whether articles, images, stories, software or
other copyrightable material must ensure that the Content they upload does not
infringe the copyrights or other rights of third parties (such as privacy or
publicity rights). After proper notification by the copyright holder or its
agent to us, and confirmation through court order or admission by the user that
they have used this Site as an instrument of unlawful infringement, we will
terminate the infringing users' rights to use and/or access to this Site. We
may, also in our sole discretion, decide to terminate a user's rights to use or
access to the Site prior to that time if we believe that the alleged
infringement has occurred.
DiamondsRight makes no guarantee of any specific result
from use of this Site or use of the DiamondsRight service. DiamondsRight
disclaims any and all liability for the acts, omissions and conduct of any
third party users, DiamondsRight users, advertisers and/or sponsors on the
Site, in connection with the DiamondsRight service or otherwise related to your
use of the Site and/or the DiamondsRight service. DiamondsRight is not
responsible for the products, services, actions or failure to act of any venue,
performer, promoter or other third party in connection with or referenced on
the Site. DiamondsRight may investigate the claim and take appropriate action,
in its sole discretion.
Limitation on Liability
Except in jurisdictions where such provisions are
restricted, in no event will DiamondsRight be liable to you for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
lost profits, even if DiamondsRight has been advised of the possibility of such
damages.
Disputes
If there is any dispute about or involving the Site, by
using the Site, you agree that the dispute will be governed by the laws of the
State of Connecticut without regard to its conflict of law provisions. You
agree to personal jurisdiction by venue in the state and federal courts of the
State of Connecticut.
Indemnity
You agree to indemnify and hold DiamondsRight, its
subsidiaries, affiliates, officers, agents and other partners and employees,
harmless from any loss, liability, claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of
the Site, including also your use of the Site to provide a link to another site
or to upload content or other information to the Site.