Diamond Games Terms of Service
1. Terms of Service
If you use this website, you irrevocably agree to follow and be bound by Diamond Games Terms of Service agreement which may be changed at any time without any undue notice and you agree to be bound by these new terms upon the posting of these modifications.
If you do not agree with any of these Terms of Service, please do not use this website. By using this website, you will be deemed to have irrevocably agreed to these Terms of Service.
This statement covers all of the Diamond Games Sites affiliated with The Diamond Games LLC. (”the “Diamond Games Sites”) and any other features, content, or applications offered from time to time by us in connection with the Web Sites (collectively, the “Services”). For information about the way in which we use, process, and share personal information that we may obtain about you, please refer to our Privacy Policy. Diamond Games expressly excludes any representation or warranty, express or implied, with respect to the information available on the Diamond Games Sites. Diamond Games makes no representation about any third party website that may be accessed via links from the Diamond Games Sites.
2. Acceptance of Terms
This Terms of Use Agreement (”Agreement”) sets forth the legally binding terms for your usage of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Diamond Games Sites) or you are a “Member” (which means that you have registered with Diamond Games and obtained a “Membership”). The term “User” refers to a Visitor or a Member.
This Agreement relates to Diamond Games’s policy for acceptable use of the Services, your rights, obligations and restrictions regarding your use of the Services and Diamond Games’s Privacy Policy. You may receive a copy of this Agreement by emailing us at: privacypolicy@thediamondgames.com, Subject: Terms of Use Agreement.
Diamond Games may modify this Agreement from time to time and such modification shall be effective upon posting by Diamond Games on the Diamond Games Sites. You agree to be bound to any changes to this Agreement when you use the Diamond Games Sites or the Services after any such modification is posted.
3. Term & Termination
This Agreement shall remain in full force and effect while you use the Services either as a Visitor or as a Member. Diamond Games may terminate your Membership at any time, without warning. Diamond Games reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including but not limited to text, files, images, photos, videos, works of authorship) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. The rights and obligations set forth in Sections 9-25 of this Agreement shall survive termination or expiration of your Membership or this Agreement for any reason.
4. User Obligations
You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and this Agreement. If you do not agree with any of the terms in this Agreement, then do not use the Diamond Games Sites or the Services.
In order to access some features of the Diamond Games Sites, you will have to create an account and/or profile. Your Diamond Games profile may not include the following items: telephone numbers, street addresses, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Diamond Games members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Diamond Games assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact Diamond Games by sending an email to abuse@thediamondgames.com.
5. Eligibility
Usage of and Membership in the Services is void where prohibited. You must be at least 13 years of age to register for the Services. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 13 years of age; and (d) your use of the Services does not violate any applicable law or regulation. We do not knowingly collect any information from any users under 13 years of age, and if it is found that an underage user has fraudulently registered or if we believe that you are under 13 years of age, your profile may be deleted and your Membership may be terminated without warning.
6. Member Account, Password, & Security
When you sign up as a Member, you will also be asked to choose a password. You are fully responsible for maintaining the confidentiality of your password and for all activities that occur under your password or account. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Diamond Games immediately of any unauthorized use of your password or account or any other breach of security. Diamond Games cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 7 of this Agreement.
7. Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
8. Use of the Services
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Diamond Games. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Diamond Games Sites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
9. Content Posted by Members
a. Except as set forth below, Diamond Games does not claim any ownership rights in the text, files, images, photos, works of authorship, or any other materials that Users post to the Services (collectively, “Content”). Except as set forth below, after displaying, publishing, or posting (collectively, “Posting”) Content to the Services, you continue to retain all ownership or licensed rights in your Content, and you continue to have the right to use your Content in any way you choose. By posting any Content on or through the Services, you hereby grant to Diamond Games a limited, non-exclusive, fully-paid, royalty-free, sub-licensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content solely on and through the Services. This license will terminate at the time you remove your Content from the Services. However, Diamond Games shall not be responsible for any cached files that are collected by any third party that may continue to be accessible after the termination of this license.
b. You represent and warrant that: (i) you own the Content that you post or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any Content posted by you to or through the Services.
c. You acknowledge you are solely responsible for your Content, and any material or information that you transmit to other Members and for your interactions with other Users. Diamond Games does not endorse and has no control over any Content. Content is not necessarily reviewed by Diamond Games prior to posting and does not necessarily reflect the opinions or policies of Diamond Games. Diamond Games makes no warranties, express or implied, as to any Content or to the accuracy and reliability of the Content or any material or information that Users transmit to other Members.
d. Diamond Games may delete any Content that in the sole judgment of Diamond Games violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. You acknowledge that Diamond Games may or may not pre-screen Content, but that Diamond Games shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Services, including Content that you submit. Diamond Games assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Diamond Games chooses, in its sole discretion, to monitor the Services, Diamond Games nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Nothing in this Agreement shall obligate Diamond Games to use any Content you or any other User submits or permit the posting of such Content on this The Diamond Games Sites.
e. You acknowledge that Diamond Games may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of posted Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Diamond Games has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Diamond Games reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Diamond Games shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
f. Except for Content posted by you and except as permitted by the limited license in Section 9 of this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content or any other User’s Content appearing on or through the Services. However, you may send Content or a link through the use of an “email to a friend” (or similar) feature, as indicated.
10. Ownership of Intellectual Property
Other than Content, all other content, text, images, data, information and other material that may be displayed, available, or present on the Diamond Games Sites via the Services including any intellectual property rights in such Content, such as rights in copyrights, trademarks, patents, and trade secrets, is the property of Diamond Games or its licensors. Diamond Games owns and retains all rights in the Content and the Services. Diamond Games hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Content (excluding any software code) solely for your personal use in connection with viewing the Diamond Games Sites and using the Services.
11. Linking
In the event that Diamond Games determines that your linking practices relating to the Diamond Games Sites are inappropriate, we may provide you with notice requesting removal or modification of any inappropriate link, and you agree to comply with any and all such requests.
12. Prohibited Content & Illegal Activities
Diamond Games reserves the right to investigate and take appropriate legal action against anyone who, in Diamond Games’ sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. “Prohibited content and illegal activities” include, but are not limited to Content or any User activity that, in the sole discretion of Diamond Games:
a. Promotes racism, sexism, bigotry, hatred or physical harm of any kind against any group or individual
b. Exploits people in a sexual or violent manner
c. Harasses or advocates harassment of another person
d. Contains nudity, violence, or offensive subject matter
e. Solicits personal information from anyone under 18 years old
f. Promotes information that you are aware is a falsehood, is misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
g. Promotes an illegal or unauthorized copy of another person’s copyrighted work
h. Involves the transmission of junk mail, pyramid schemes, chain letters, unsolicited mass mailing, or spamming
i. Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
j. Includes a photograph of another person that you have posted without that person’s consent
k. Impersonates any person or entity, including, but not limited to, a Diamond Games employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures)
l. Includes personal or identifying information about another person without that person’s explicit consent
m. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
n. Disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other Users’ ability to use the Service
0. Employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service
p. Is a criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
13. Member Conduct and Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
In addition, you agree not to:
a. “Stalk” or otherwise harass anyone
b. Collect personal data about other Users for commercial or unlawful purposes
c. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services- unless expressly permitted by Diamond Games;
d. Repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure
e. Attempt to gain unauthorized access to Diamond Games computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Diamond Games Sites
f. Use any form of automated device or computer program that enables the submission of posted Content on the Services without each posted Content being manually entered by the author thereof.
14. Third Party Content
The Content and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Diamond Games, including Web sites, directories, servers, networks, systems information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service are solely between you and such organizations and/or individuals.
15. Member Disputes
You are solely responsible for your interactions with other Diamond Games members. Diamond Games reserves the right, but has no obligation, to monitor disputes between you and other Members. You agree that Diamond Games shall not be responsible or liable for any loss or damage of any sort incurred as the result of any activity between Users related to the Service. In the event that you have a dispute with one or more other Diamond Games Users, you hereby release and agree to indemnify, defend, and hold harmless Diamond Games, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service.
16. Disclaimers
DIAMOND GAMES IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT OR CONTENT POSTED ON THE DIAMOND GAMES SITES OR IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY USERS OF THE SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICES. PORTIONS OF THIS THE DIAMOND GAMES SITES AND PROFILES CREATED AND POSTED BY MEMBERS ON THE DIAMOND GAMES SITES MAY CONTAIN LINKS TO OTHER THE WEB SITES. DIAMOND GAMES IS NOT RESPONSIBLE FOR THE SUBSTANCE, ACCURACY OR OPINIONS EXPRESSED ON SUCH THE DIAMOND GAMES SITES, AND SUCH THE DIAMOND GAMES SITES ARE IN NO WAY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY DIAMOND GAMES. INCLUSION OF ANY LINKED WEB SITES ON THE SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED THE DIAMOND GAMES SITES BY DIAMOND GAMES. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. DIAMOND GAMES TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THIS THE DIAMOND GAMES SITES OR THROUGH THE SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. DIAMOND GAMES IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. DIAMOND GAMES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. DIAMOND GAMES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES SHALL DIAMOND GAMES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT A DIAMOND GAMES EVENT, FROM ANY CONTENT OR CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND DIAMOND GAMES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. DIAMOND GAMES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. Limitation on Liability
IN NO EVENT SHALL Diamond Games BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Diamond Games HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Diamond Games LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Diamond Games’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Diamond Games FOR THE Diamond Games SERVICES DURING THE TERM OF MEMBERSHIP.
18. Indemnity
You agree to indemnify and hold Diamond Games, its subsidiaries, and affiliates, and their respective officers, agents, 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 (i) your use of the Services in violation of this Agreement, (ii) a breach of this Agreement,(iii) any breach of your representations and warranties set forth above, and/or (iv) any Content that you post which causes Diamond Games to be liable to another individual or entity.
19. Choice of Law and Forum
You agree that any dispute between you and Diamond Games about or involving the Services shall be governed by the laws of the District of Columbia, USA, without regard to its conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the within the county of the District of Columbia.
20. Other
Your use of this The Diamond Games Sites and/or your Membership to Diamond Games constitutes your acceptance of this Agreement. This Agreement constitutes the entire agreement between you and Diamond Games regarding the use of the Diamond Games Sites and the Services. The failure of Diamond Games to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Diamond Games ™ is a trademark of Diamond Games, LLC and cannot be used without the express written consent of Diamond Games. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is deemed unlawful, void or unenforceable, that provision shall be severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Please contact us at: privacypolicy@thediamondgames.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
