TERMS OF SERVICE
These Terms of Service (“Terms”) apply when you use a website, application, or other online service (collectively, the “Services”) that links or refers to the Terms. These terms are a legal contract between you and the Diamond Producers Association (“DPA,” “we” or “us”) so it is important that you review them carefully before using the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not agree to the Terms, do not access or use the Services.
THE INFORMATION ON THE SERVICES IS BEING PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
We may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Service” link at the bottom of the Services’ home page. If you continue to use the Services after changes are posted you will be deemed to have accepted the change.
The Services are available only for your personal, non-commercial use and provided for informational purposes only. We make no representations or warranties of any kind as to the accuracy, currency or completeness of the information and other material made available through the Services, whether provided in text, audio, video, graphical, or other form (the “Content”). DPA is not responsible or liable for any decisions you may make in reliance on the Content.
Third Party Content and Third Party Websites
The Services may provide links to websites or resources outside of the Services. Because DPA has no control over external sites and resources, you acknowledge and agree that DPA is not responsible for the availability of such sites or resources, and that DPA does not endorse and is not responsible or liable for any Content, advertising, goods, services or other materials on, available through or provided by such sites or resources.
Your correspondence or business dealings with, or participation in promotions of, any websites that you find or link to through the Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that DPA 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 links to such websites on the Services.
If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to DPA, whether oral, written, or electronic (collectively, “Submissions”), no confidential or other relationship shall be established between you and DPA. Your submissions shall be considered non-confidential and shall be the sole and exclusive property of DPA. DPA has the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever (including, but not limited to, research, development, manufacture, advertising or sale of any products or ingredients incorporating or relying on such submissions), in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
The Services and the Content are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or by our third-party licensors under the United States Copyright Act and international copyright laws.
You may download Content for your own personal, non-commercial use, and by downloading the Content, you agree to abide by these Terms and any copyright notice or other restrictions contained in or pertaining to such Content. You must keep intact any author attribution, copyright or trademark notice in any such Content that you download.
Except as expressly authorized by these Terms or in writing by DPA, you are prohibited from publishing, reproducing, distributing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services or Content. Without limitation to the foregoing, you may not use such downloaded Content for any commercial purpose.
Just as DPA requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent is: firstname.lastname@example.org
Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to DPA or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of DPA, its affiliates, or any third party.
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.
- Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
- Engage in unauthorized “scraping” or spidering, or harvesting of information, or use any unauthorized automated means to compile information.
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services.
- Take any action that violates or threatens our system or network security.
Violations of these Terms may result in civil or criminal liability. We may investigate violations of these Terms and we may also work with law enforcement authorities to prosecute users who violate the Terms.
The Services are primarily intended for use by residents of the United States. DPA makes no representations that the Content on the Services are appropriate for users in countries other than the United States, which countries may have different legal or regulatory requirements or restrictions. Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with national and local laws, if and to the extent national and local laws are applicable. Nothing herein should be considered a solicitation, promotion or indication for any product that is not permitted by the laws or regulations of the country where you reside.
DPA reserves the right, in its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Services. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
Arbitration; Class Action Waiver
With respect to any and all disputes arising out of or relating to the Services or these Terms, DPA and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and DPA do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all such disputes in court before a judge or jury.
YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR DPA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
DPA and you agree that all disputes subject to arbitration that cannot be settled through informal negotiation will be resolved exclusively and individually through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final, subject only to right of appeal under the Federal Arbitration Act, and may be entered and enforced as a judgment in any court of competent jurisdiction. You agree that DPA may seek any interim or preliminary relief from a court of competent jurisdiction in New York, necessary to protect its rights or property pending the completion of arbitration.
Any claim not subject to arbitration by this section shall be subject to the exclusive jurisdiction of state or federal courts in New York County, New York. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the forum is not appropriate or convenient.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide DPA with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS.” DPA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (A) THAT THE SERVICES OR CONTENT WILL BE FREE FROM ERROR, OMISSION, INACCURACIES, INTERRUPTION, DEFECT, OR DELAY IN OPERATION; (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR (D) THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DPA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF THE CONTENT, (INCLUDING ALL INFORMATION OR OTHER MATERIAL MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY DPA), AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY DPA OR ANY THIRD PARTY. THE CONTENT AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT WILL DPA OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, CONTENT, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DPA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
You agree to indemnify and hold harmless DPA and any parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Supplemental Terms. When using the Service, you are subject to any posted guidelines, rules, or supplemental terms applicable to such services or features, as may be posted from time to time. All such guidelines, rules, or terms are hereby incorporated by reference into the Terms.
No Waiver. The failure of DPA to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DPA as a result of these Terms or your access to and use of the Services.
Governing Law. This Agreement shall be governed by the laws of the United States and the State of New York. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and DPA and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
If you have any questions or comments about the Terms, or if you would like to report any violations of the Terms, please contact us at email@example.com.
Updated July 2, 2018.