Diamondsinice.com – Terms and Conditions
Diamonds In Ice – TERMS AND CONDITIONS OF USE Effective January 24, 2015 Welcome to diamondsinice.com (the “Website“). The Website is provided as a service to the customers of Diamonds In Ice. (Diamonds In Ice), the owner and operator of the Website. Please review the following terms and conditions carefully as they constitute a legal agreement between you and Diamonds In Ice (the Agreement) that governs your use of the Website, and the goods, software and the Content (as defined under the heading Proprietary Rights below) and services provided, licensed or sold to you through or in connection with the Website (the “Products“). Your use of the Website constitutes your unconditional agreement with Diamonds In Ice be bound by the terms and conditions of this Agreement as are then in effect.
Please review the following terms and conditions of this Agreement in their entirety. If you do not accept any of the terms and conditions of this Agreement, you may not access or use the Website.
CHANGES TO THE AGREEMENT
Diamonds In Ice reserves the right, in its sole discretion, to update or modify this Agreement at any time without prior notice. Your use of the Website following any such change constitutes your unconditional agreement to be bound by the Agreement as changed. Accordingly, each time you use the Website, you should review the then current version of the Agreement as it will apply to your use of the Website.
DESCRIPTION OF THE WEBSITE
The Website provides you with the ability to: (a) submit digital images for processing through various means which may include the use of a USB key, memory card, CD, DVD or your computer and (b) order the production of customized Products for purchase incorporating such images) and which may include Content as selected by you.
PERMITTED USE OF THE WEBSITE
Your use of the Website, any digital images, graphics, text, files, data or other information or materials submitted by you to the Website (Materials), Content, and any Products must be lawful, ethical, and respectful of the legal rights and interests of all other persons. Without limiting the foregoing, the following rules apply to your use of the Website:
- LAWFUL USE: Your use of the Website, the Content and/or the Products must be lawful and must comply with all applicable laws and regulations. It is solely your responsibility to determine whether your use of the Website, the Content and/or the Products is lawful.
- NON-COMMERCIAL USE: The Website may be used by you only for personal, non-commercial purposes and must not be used, directly or indirectly, in connection with any commercial activities, including selling or offering to sell any goods or services, reselling the Products, the Content or any other purpose not expressly permitted herein.
- SECURITY AND PERFORMANCE: You shall not take any action or use any device, software or routine which could, directly or indirectly, interfere (or attempt to interfere) with the proper working of the Website, violate or compromise (or attempt to violate or compromise) the security measures for the Website or impose an unreasonable or disproportionately large load or burden on the system on which it is stored. Without limiting the foregoing, you are prohibited from: (a) accessing or attempting to access data, images or other materials not intended for you or which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the system on which the Website resides or to breach any security or authentication measures; and/or (c) attempting to interfere with the provision of the Website to any other user including, without limitation, via means of submitting a virus or other harmful code to the Website, whether through the submission of Materials or otherwise. You may not copy, reproduce, duplicate, modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, the Content or the software underlying or offered on the Website, or delete, obscure or modify any proprietary notice contained in or on the Website, the Content or assist others in undertaking any of the foregoing. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and/or search agents available from Diamonds In Ice on the Website.
- OTHER PERSON’S RIGHTS: Your use of the Website and specifically the provision of any Materials by yourself must not infringe the legal rights of any other person (including any privacy, personality, publicity, copyright, trade-mark, trade secret, patent, moral and/or other proprietary rights). You may not use the Website in any manner that may be unlawful, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others, or that may otherwise be objectionable. This prohibition extends to the submission or use of any Materials that depict, encourage, indicate, advocate or tend to incite any such conduct. Without limiting the foregoing, your use of the Website must not involve any Materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals. Your use of the Website must not dilute or depreciate the name and reputation of Diamonds In Ice, its affiliates, licensors and/or suppliers.
Diamonds In Ice reserves the right, in its sole discretion, to determine whether any use by you of the Website and the Content, including any Materials submitted by you, is in contravention of this Agreement. Violations of these terms and conditions constitute a breach of this Agreement and may result in civil or criminal liability as well as termination of this Agreement and other consequences described below, including the removal, deletion and/or destruction of Materials and/or cancellation of your orders. Diamonds In Ice will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
USE OF WEBSITE, CONTENT AND ACQUISITION OF PRODUCTS
The Website may only be used only by individuals who have reached the age of majority or legal age in their respective jurisdictions and are capable of forming legally binding contracts under applicable law. Diamonds In Ice reserves the right, at any time and in its sole discretion, to limit the availability of the Website, the Content and/or the Products to any person and to limit the quantities of any of the Products that Diamonds In Ice provides or may provide. ANY OFFER OF SALE THROUGH THE WEBSITE IS VOID WHERE PROHIBITED.
Your Materials, License and Warranties
Diamonds In Ice does not claim ownership rights in any Materials submitted by you to the Website. For all Materials submitted by you to the Website:
- You represent, warrant and covenant to Diamonds In Ice and its affiliates and service providers that: (i) the Materials and their use of the Materials in accordance with this Agreement does not and will not violate or infringe the rights (including any privacy, personality, publicity, copyright, trademark, moral and other intellectual property rights) of any person or violate or breach any applicable laws or regulations or this Agreement; and (ii) you have all the rights necessary to grant all rights and licenses set forth above.
Photo Laboratory Services
Users of the Website may submit digital images to the Website for processing purchase of customized merchandise incorporating said digital images in accordance with the terms and conditions of this Agreement. Any such processing by Diamonds In Ice (or by its affiliates or third party service providers) is expressly subject to the terms of this Agreement, including all disclaimers, limitation of liability, exclusions and indemnities. The acceptance of such digital images by the Website does not create any obligation for Diamonds In Ice to preserve or retain such images and Diamonds In Ice may at any time, in its sole discretion and without prior notice or liability to you, delete any such digital images. YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING COPIES OF ALL DIGITAL IMAGES AND OTHER MATERIALS, AS BACK-UPS, PRIOR TO SUBMITTING ANY SUCH MATERIALS TO THE WEBSITE.
Diamonds In Ice will collect your first and last name and telephone number(s) when you order and a unique identifier number will be assigned or linked to your order. Once you have placed your order for generation of other Products through the Website, the Diamonds In Ice solution will manage the production and shipping of the Products directly to you
Fees, Charges and Taxes, Availability, Prices, Misprints and Errors, and Orders
All fees and charges will be at the rates in effect at the time the charges were incurred. Charges incurred under this Agreement may include charges related to use of the Website and, if applicable, use and/or acquisition of the Products or license of Content, as well as charges related to goods and services provided by third parties but acquired through the Website. You are responsible for paying all fees, charges and applicable taxes associated with your use of the Website and any use and/or acquisition of the Products. All amounts appearing on the Website are quoted in US dollars. Applicable fees, charges and taxes will be billed and are payable upon placement of order and in advance of delivery of any Products.
Diamonds In Ice endeavors to provide current and accurate information on and through the Website. Nevertheless, misprints or other errors may occur. Accordingly, Diamonds In Ice reserves the right to change the prices, fees and charges associated with the Website, including any of the Products available through the Website, at any time and from time to time without any notice or any liability to you or any other person. Also, due to the popularity of some Products, Diamonds In Ice cannot guarantee that the Products advertised on the Website will be available when ordered or thereafter. Diamonds In Ice reserves the right, at any time and in its sole discretion, to reject, correct, cancel or terminate any order made through the Website. If you order Products for which the price was incorrectly displayed at the time of your order or which are not available, Diamonds In Ice will notify you and provide you with an opportunity to abandon or refund your order. Diamonds In Ice reserves the right to limit quantities licensed or sold.
Any advertisements displayed on or through the Website are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Products referenced in your order. Your order shall be deemed to be accepted, subject to the terms and conditions hereof, only if and when you make payment in full to Diamonds In Ice of all amounts shown thereon and Diamonds In Ice provides you with a receipt for your order.
All sales are final on custom orders (including, without limitation, photo Products).
Diamonds In Ice makes reasonable efforts to display as accurately as possible the colors of the Content and Products (including, without limitation, digital images and custom merchandise) that appear or are displayed on or through the Website. However, as the actual colors you see will depend on your monitors display, Diamonds In Ice cannot guarantee that the display of any color will be accurate.
QUALITY OF IMAGES
Diamonds In Ice permits users to upload Images onto the Service for use in the fulfilment of your order. You agree that Diamonds In Ice is not responsible for the quality of the Images you or any other User upload.
You agree that you alone are responsible for making sure that the quality of the Image you are uploading is of high enough quality to be satisfactory to you at the size you select on the product that you are purchasing. We cannot guess what you may have wanted when you chose or uploaded your Image and are not responsible for assessing whether your Image is appropriate or capable of being manufactured at the parameters you have chosen. Images are created and stored in a variety of ways and you agree that Diamonds In Ice is not responsible for ensuring quality images for any image file format available on the Website.
Diamonds In Ice works hard to ensure that orders will be produced and exit the Diamonds In Ice facility as soon as possible. Anticipated production times are updated frequently, and listed during the ordering process. Special deadlines (eg: Holidays) are published on our website as soon as they are available. However, we make no guarantees as to any delivery times and will have no liability to you for any delay in shipping your product.
You agree that our production time frame may depend on your response time to our inquiries regarding your order, and your selection of shipping options and providers.
Title and risk of loss or damage to your purchased goods shall pass to you at the time Diamonds In Ice deposits such purchased goods with its designated shipper. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Unless otherwise noted, all right, title and interest, including all copyrights, trademarks and other intellectual property rights, in and to the Website and all technology, content and materials including, without limitation, images, text, illustrations, designs, icons, photographs, Websites, processes, video clips and data that are part of the Website (collectively, the “Content“), are owned by Diamonds In Ice or its licensors or suppliers and are protected by Canadian, U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content of the Website is the exclusive property of Diamonds In Ice and is also protected by Canadian, U.S. and international copyright and other laws.
Diamonds In Ice and its licensors and suppliers reserve all rights, not expressly granted herein, in and to the Website and any and all Content that appears on or is available through the Website. All brand, product and service names, trade names, logos and trademarks used in the Website which identify Diamonds In Ice, its affiliates or third parties and their products and services are proprietary marks of Diamonds In Ice, its affiliates and/or the relevant third parties. Nothing in this Agreement or the Website shall be deemed to confer on you or any other person any license or right on the part of Diamonds In Ice, its affiliates or any third party with respect to any such names, logos or marks.
THIRD PARTY SITES AND SERVICES
The Website may include references and/or hypertext links to web sites and businesses operated by third parties (Other Sites). Other Sites are independent from Diamonds In Ice and Diamonds In Ice has no responsibility or liability for or control over Other Sites or the goods, services or content available through such Other Sites. Although Diamonds In Ice may provide applications within the Website that allow you to read content from your personal account(s) with Other Sites, and to use such content in the Website subject to the terms and conditions of this Agreement and terms and conditions of such Other Sites, any such applications and other references in the Website to any third party names, trade-marks, products or services or any hypertext links to Other Sites or the content, products or services available on or through such Other Sites are provided solely as a convenience to you and do not in any way constitute or imply: (a) Diamonds In Ice’s approval, endorsement, sponsorship or recommendation of such third party, Other Sites, or content, products or services; or (b) any representation or warranty as to the availability of such Other Sites or the accuracy, adequacy, lawfulness or completeness of any content, products, services or other materials available on such Other Sites. If you decide to link to or access any such Other Site, your use of such Other Site and any goods, services or content available on or through such Other Site, is entirely at your own risk.
You agree to defend, indemnify and hold Diamonds In Ice, its affiliates, licensors and third party service providers and their respective directors, officers, employees and agents harmless from and against any and all losses, actions, claims, damages, costs and expenses, including legal fees (on a full indemnity basis) and disbursements, arising from or related to: (i) your use of the Website and Content (regardless as to whether or not such use is permitted under this Agreement) including, without limitation, any Materials you submit through or use in the Website and/or your use of any Products; (ii) your violation of the rights of another person; and/or (iii) your breach of any of your representations, warranties or covenants in this Agreement. This provision shall survive the termination of this Agreement and remain in full force and effect after any such termination.
PRIVACY AND PERSONAL INFORMATION
Notwithstanding the foregoing, your personal information may be provided to law enforcement authorities in the event that: (i) you have attempted or may be attempting to access or use the Website or the Content illegally or in contravention of this Agreement; and/or (ii) any illegal activity is or may in any way be associated with your access to or use of the Website and/or the Products.
SUSPENSION AND TERMINATION
This Agreement constitutes a legal agreement between you and Diamonds In Ice, effective upon your acceptance, until terminated in accordance with the terms hereof.
If you breach any provision of this Agreement, then Diamonds In Ice may, in addition to any other remedies, terminate this Agreement and may prohibit you from using the Website or from using and/or acquiring the Products.
Upon termination of this Agreement, all fees, charges and other amounts, including applicable taxes, payable by you in conjunction with your use of the Website and/or purchase of any Products shall become forthwith payable and you agree to forthwith remit those amounts to Diamonds In Ice.
Diamonds In Ice may, in its sole discretion and at any time, change, suspend, or terminate, temporarily or permanently, the Website or any part of it or any of the Products, for any reason and for convenience, without any notice to you and without any liability towards you or any other person.
Diamonds In Ice may at any time and for any reason, with or without cause, and in its sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Website; (ii) suspend or terminate and permanently delete and destroy any of your user information; (iii) remove from the Website and permanently delete and destroy any Materials that you may have submitted to the Website; (iv) restrict your access to the Materials submitted to the Website or the Content; and/or (v) bar you from any future use of the Website; all without any prior notice or liability to you or any other person.
If Diamonds In Ice, in its sole discretion, suspends or terminates the Website or any of the Content or any of the Products, Diamonds In Ice will refund to you the pro-rata portion of any amount you have prepaid for any portion of a Product order that cannot be fulfilled, unless Diamonds In Ice has terminated or suspended your individual access to or use of the Website, Content and/or Products because you have failed to comply with any of the terms and conditions of this Agreement.
Diamonds In Ice is not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that it may receive regarding any Materials that you may submit to the Website before Diamonds In Ice takes any remedial action that it considers, in its sole discretion, to be appropriate.
If this Agreement is terminated by you or by Diamonds In Ice for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your use of the Website, Content and/or any Products prior to termination, including payment of any charges accrued in connection with such use and/or purchases of Products; (b) Diamonds In Ice may immediately remove from the Website and permanently delete and destroy any Materials that you may have submitted to the Website without any prior notice or liability to you or any other person; and (c) any fees and charges previously paid by you for unfulfilled orders for Products will not be refunded unless specifically provided herein.
The provisions of, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement, including without limitation, those pertaining to proprietary rights, your representations, warranties and payment and indemnity obligations, and all disclaimers and exclusions and/or limitation of liability, shall so survive.
THE WEBSITE, THE CONTENT AND THE PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIAMONDS IN ICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIAMONDS IN ICE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND/OR THE CONTENT OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE, QUALITY OR DURABILITY. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. WITHOUT ANY LIMITATION TO THE FOREGOING, DIAMONDS IN ICE MAKES NO REPRESENTATION OR WARRANTY THAT:
- THE OPERATION OF THE WEBSITE WILL BE CONTINUOUS OR UNINTERRUPTED OR SECURE. ALTHOUGH DIAMONDS IN ICE TAKES REASONABLE PRECAUTIONS TO PRESERVE AND PROTECT THE MATERIALS AND PERSONAL INFORMATION YOU SUBMIT TO THE WEBSITE, SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED;
- THE WEBSITE WILL MEET YOUR REQUIREMENTS;
- THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- THE WEBSITE OR ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
- THE QUALITY OR COLOUR OF THE PRODUCTS PURCHASED OR ACQUIRED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS;
- THE USE OF THE WEBSITE, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS; AND/OR
- THE USE OF THE WEBSITE, INCLUDING THE REPRODUCTION OF MATERIALS SUBMITTED TO THE WEBSITE, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON.
DIAMONDS IN ICE IS UNDER NO OBLIGATION TO VERIFY (I) THE IDENTITY OF THE USERS OF THE WEBSITE. DIAMONDS IN ICE DOES NOT CONTROL THE MATERIALS SUBMITTED TO THE WEBSITE AND DOES NOT (AND IS NOT OBLIGATED TO) MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THIS AGREEMENT ALTHOUGH IT RESERVES THE RIGHT TO DO SO IN ITS SOLE DISCRETION AND WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON. YOU ARE SOLELY RESPONSIBLE FOR THE MATERIALS YOU SUBMIT TO THE WEBSITE.
EXCLUSION AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY OF LIABILITY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DIAMONDS IN ICE OR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON:
- FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE WEBSITE, ANY MISPRINTS OR ERRORS IN THE WEBSITE OR THE PRODUCTS, THE UNAVAILABILITY OF THE WEBSITE OR ANY PRODUCT YOU ORDER, ANY DELAY IN THE AVAILABILITY OF PRODUCTS, OR ANY CHANGES IN THE PRICE OF PRODUCTS, EVEN IF DIAMONDS IN ICE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING; AND/OR
- FOR ANY DAMAGES, LOSSES OR COSTS OF ANY NATURE IN RESPECT OF ANY TRANSACTION IN AN AMOUNT EXCEEDING THE AMOUNT ACTUALLY PAID BY YOU TO DIAMONDS IN ICE FOR THE PARTICULAR TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.
This Agreement represents the complete agreement between you and Diamonds In Ice relating to your use of the Website and supersedes any and all prior agreements relating thereto. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable (failing which it shall be deemed severable from the remaining provisions of this Agreement) and the other terms of this Agreement shall remain in full force and effect.
The failure of Diamonds In Ice to act with respect to a breach of this Agreement by you or others does not constitute a waiver of such breach and shall not limit Diamonds In Ice’s rights with respect to such breach or any subsequent breaches.
This Agreement will inure to the benefit of Diamonds In Ices successors and assigns and be binding upon you and your heirs, executors, administrators, successors and personal representatives. Diamonds In Ice may assign its rights and obligations under this Agreement without your consent. You may not assign this Agreement or your rights and obligations hereunder without Diamonds In Ices express written consent.