Effective: February 13, 2012
By using the www.diamondgame.com website (the “Site”), you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use the Site. The term “Diamond Game Enterprises,” “Diamond Game,” “us” or “our” refers to Diamond Game Enterprises. The term “you” or “your” refers to the user or viewer of the Site.
1. Acceptance of Agreement.
You agree to the terms, conditions and obligations outlined in this Terms of Use Agreement (“Agreement”) with respect to our Site. This Agreement constitutes the entire and only agreement between Diamond Game Enterprises and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by Diamond Game Enterprises without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Access to the Site
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; and (b) to use the Site solely for non-commercial, informational purposes. Materials and features may be added to or withdrawn from the Site or otherwise changed without notice.
a. Restrictions: Your license for access and use of the Site and any content or materials therein including, but not limited to, information, text, graphics, design, images, audio, video, code, links, html, organization, compilation, magnetic translation, digital conversion materials or documents (collectively the “Content and Materials”) is subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any Content and Materials obtained from the Site to develop any sweepstakes, ticket, ticket dispenser, software, hardware, application, service, game, gaming device or apparatus, phone card or other similar or related item (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Diamond Game Enterprises or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any time sharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3)unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
b. Monitoring: Diamond Game Enterprises reserves the right to monitor your use of the Site and Content to ensure compliance with this Agreement. If Diamond Game Enterprises, or any of its affiliates, in their sole discretion, determines you are not in compliance with this Agreement, Diamond Game Enterprises reserves the right to take any lawful action it deems necessary or appropriate. Systematic access or excessive extraction of content from the Site, including, without limitation, the use of “bots” or “spiders”, is prohibited. Diamond Game does not disclose any information regarding its monitoring methods or policies.
3. Copyright.
The Site and the Content and Materials are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use (other than as expressly permitted by this Agreement) or publication by you of any part of the Site and/or the Content and Materials is strictly prohibited. You do not acquire ownership rights to any Content and Materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the and the Content and Materials contained in, or posted on, the site maybe the copyrighted work of third parties.
4. Trademarks, Service Marks and Trade Dress.
Diamond Game is a registered trademark of Diamond Game Enterprises. The trademarks, service marks and trade dress of Diamond Game may not be used or reproduced without prior written approval from Diamond Game Enterprises and may not be used in any manner that is likely to cause confusion among customers, dilutes the rights of Diamond Game or disparages or discredits Diamond Game. Other trademarks that appear on the Diamond Game website are the property of their respective owners, who may or may not be affiliated with or connected to Diamond Game. Any images of persons or personalities contained on the Site are not an indication or endorsement of Diamond Game or any particular product or our service unless otherwise indicated.
5. Privacy
Any information submitted on the Diamond Game website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of the most recent changes to our Privacy Policy will be noted on the Privacy Policy.
6. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
7. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your usage history, posted materials, IP addresses and traffic information.
8. Indemnification.
You agree to indemnify, defend and hold Diamond Game Enterprises and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of content and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
9. Disclaimer.
THE SITE AND THE CONTENT AND MATERIALS ACCESSED FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SITE AND/OR THE CONTENT AND MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE OR CONTENT AND MATERIALS IS DISCLAIMED.
10. Limitation of Liability
a. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or the Content and Materials, (b) the unavailability or interruption of the Site or any features thereof or (c) your use of the Site.
b. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR THE CONTENT AND MATERIALS. WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IFADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OFTHE BASIS OF THE BARGAIN BETWEEN DIAMOND GAME ENTERPRISES AND YOU. THIS SITE AND THE CONTENT AND MATERIALS PRESENTEDTHEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
c. NOTWITHSTANDING THE FOREGOING, THE AGGREGATE LIABILITY OF DIAMOND GAME ENTERPRISES AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE CONTENT AND MATERIALS PROVIDED HEREIN SHALL NOT EXCEED THE AMOUNT OF YOURACTUAL DIRECT DAMAGES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST DIAMOND GAME ENTERPRISES AND ANYAFFILIATED PARTY.
11. Use of Information.
We reserve the right to use in any manner all information regarding use of the Site by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to Diamond Game (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential. Without limitation, we will have exclusive ownership of all present and future rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.
12. Links to other Web Sites.
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Diamond Game. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by Diamond Game. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
13. Information and Press Releases.
The Site may contain information and press releases about Diamond Game. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than Diamond Game Enterprises contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Diamond Game.
14. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
15. Miscellaneous.
These Terms of Use may be changed by Diamond Game, in its sole discretion, from time to time immediately upon notice posted on the Site. Continued use of the Site following any change constitutes your acceptance of the change. Diamond Game may suspend or discontinue providing the Site to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Site by Diamond Game. Notices shall be deemed to have been properly given on the date deposited in U.S. mail, if mailed; on the date first made available, if displayed in the Site; or on the date received, if delivered in any other manner.
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). All actions shall be subject to the limitations set forth in Section 9 and Section 10. This Agreement and all incorporated agreements and your information, if applicable, may be assigned by Diamond Game Enterprises, in our sole discretion, to a third party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
16. Arbitration.
If a dispute arises concerning the Site or this Agreement, the parties agree to submit the matter to binding arbitration, upon the written direction of either party. The arbitration shall be conducted under the rules provided by the American Arbitration Association. This arbitration shall be binding and the decision of the arbitrator shall be final and binding on all Parties. The venue for arbitration shall be the County of Los Angeles, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the parties stipulate otherwise.