Effective: February 13, 2012
1. Acceptance of Agreement.
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 Materials and features may be added to or withdrawn from the Site or otherwise changed without notice.
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.
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.
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.
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.
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.
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.
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.
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.