Last Updated: October 26, 2016
We make no representation that the information contained in this Site or your access to it is appropriate for you. You are responsible for compliance with local laws which apply at your point of access.
We may, at any time, and without notice or liability, change, suspend, discontinue or even terminate any aspect, or the availability, of any feature of this Site or impose limits on certain of its features, including restricting your access to all or parts of the Site. In the event of termination, you will destroy all materials you have downloaded or copied from this Site.
The contents of this Site are owned by ValiDiamond or are made available to you by ValiDiamond under license from a third party. While we are allowing you access to this Site, you acknowledge that your use of that content is governed by applicable copyright, trademark or other intellectual property laws. You also agree that the contents of this Site may not be copied for commercial use or distribution, or modified or posted to other websites, without our prior consent. We do not grant any express or implied right to you to any of the content of this Site under any intellectual property laws including, without limitation, patent, copyright or trademark, or otherwise. Your unauthorized use of the Site or the contents of this Site may violate applicable laws and we reserve all rights to pursue any remedy we may choose.
The Site provides an online marketplace (the “Service(s)”), that provides users (“Buyers”) with the ability to purchase jewelry products (“Products”) from various third party vendors (the “Vendors”) who list their Products for sale and solicit offers to purchase through the Site (collectively, the “Sale(s)”).
ValiDiamond reserves the right, in its sole discretion, to add, change, modify, suspend or discontinue any portion of the Site and/or Service at any time. In addition, ValiDiamond may impose limits on any portion of the Site and/or Service in its sole discretion without notice or liability.
You agree that you do not own your Account, and have no ownership rights to it. ValiDiamond reserves the right, at our sole discretion, to cancel or deny the registration of any Account. ValiDiamond will not be liable for any loss or damages that result from the cancelling of your Account.
Site Security Rules
You are responsible for maintaining the security of your username and password of your Account. Do not share this information with any person. You also agree to notify ValiDiamond of any known unauthorized use(s) of your Account.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm or other harmful or disruptive component to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability.
You are prohibited from posting to the Site or transmitting to or from us any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that violate any law.
We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
The sender of any communications to the Site or otherwise to us shall be responsible for the content and information contained in such communications, including its truthfulness and accuracy.
In your communications with us or postings on the Site, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services (collectively, “Unsolicited Ideas and Materials”). We shall, however, be free to use or copy all or a portion of any Unsolicited Ideas and Materials you post on the Site or send to us, including any ideas, inventions, concepts, techniques or know-how disclosed, for any purposes. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Unsolicited Ideas and Materials. Such purposes may include disclosure to third parties and/or developing, creating and/or marketing goods or services. You should not submit any Unsolicited Ideas and Materials to us if you do not wish to assign such rights to us.
Third Party Products
Third party services, content, information and Products will be made available by us on or through the Site (“Third Party Products”). Other than as set out in our Terms of Service, ValiDiamond makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms, conditions and policies of the third parties that offer them.
Links to and from Other Websites
You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to ValiDiamond’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ValiDiamond and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ValiDiamond, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) ValiDiamond reserves the right to revoke our consent to the link at any time and in our sole discretion.
No Warranties / Limitation of Liability
The Site is provided on an “as is” basis and you are using it at your own risk. We make no representations or warranties, express or implied, about the Site or its contents including, without limitation: any warranties as to the operation, availability or stability of the Site; any warranties as to the accuracy, completeness or timeliness of its contents; any warranties as to the merchantability or fitness of any such information or content for any particular purpose; or any warranties as to non-infringement of any rights, including, without limitation, intellectual property rights and including the transmission of any such content from the Site to you. Any implied warranties, whether statutory or otherwise, on any such matters are hereby expressly excluded to the full extent permitted under applicable laws.
In accessing the Site or any other site, you assume all risk associated with any viruses, worms, Trojan horses and other destructive items. You should take any necessary precautions before you access the Site in respect of any such potential risks.
In no event will we be liable to you or any other person or entity for any kind of loss, damages or injury arising directly or indirectly out of the use or unavailability of the Site, even if we have been advised by you of the possibility of such loss, damages or injury.
The parties have agreed that this contract and all related documents be drafted in English. Les parties aux présentes ont demandé et convenu que le présent contrat et tout document y afférent soient rédigés en anglais.
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