Legal Notices
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Here's all the stuff our lawyers make us put in to cover our butts
and complicate everybody else's lives:
Membership
Agreement
Scope of Use
Diamond Sea authorizes you to view this web site to evaluate
whether to enter into a business relationship with Diamond Sea.com.
If you use any service or product of Diamond Sea, or a Diamond Sea
partner or affiliate company, contained in or available via a link
from this website, even if you are not a Diamond Sea subscriber,
you specifically agree to be bound by this Membership Agreement,
which may be found at http://www.Diamond Sea/membership.html
.
No Warranties
All content on this web site is provided to you on an "as is"
and "as available" basis without warranty of any kind
either express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose,
and non-infringement. Diamond Sea makes no warranty as to the accuracy,
completeness, currency, or reliability of any content available
through this web site. You are responsible for verifying any information
before relying on it. Use of the web site and the content available
on the web site is at your sole risk. Diamond Sea makes no representations
or warranties that use of the web site will be uninterrupted or
error-free. You are responsible for taking all necessary precautions
to ensure that any content you may obtain from the web site is free
of viruses. Data on this site may be uploaded and/or maintained
by third parties and Diamond Sea shall not be liable for any inaccuracies
or misrepresentations.
Money-Back Guarantee Limitations
All new REGULAR membership accounts are entitled to a 30-day money-back
guarantee. If within the first thirty (30) days of service you wish
to cancel your DiamondSea regular membership, you may do so in writing
and we will refund your paid dues.
This guarantee DOES NOT extend to the purchase of any form of
LIFETIME membership. All forms of Lifetime Memberships are NON-REFUNDABLE.
We encourage new members to test our services with a regular membership
first to insure that our services will meet your needs.
Limitation of Liability
Diamond Sea specifically disclaims any liability, whether based
in contract, tort, strict liability or otherwise, for any direct,
indirect, incidental, consequential, or special damages arising
out of or in any way connected with access to or use of the web
site, even if Diamond Sea has been advised of the possibility
of such damages, including but not limited to reliance by any party
on any content obtained through the use of this web site, or that
arises in connection with mistakes or omissions in, or delays in
transmission of, information to or form the user, interruptions
in telecommunications connections to the web site or viruses, whether
caused in whole or in part by negligence, acts of god, telecommunications
failure, theft or destruction of, or unauthorized access to the
web site, or related information or programs.
Privacy Policy
Diamond Sea respects the privacy of our users and their data. We
do not give out any customer information without their permission,
except in the instance of using an outside service provider, in
which case the information given will be the minimum required by
the provider. Diamond Sea may log any or all activity on our service
and may monitor any or all activity to insure proper functioning
of our service, indications of where enhancements may be needed,
to provide statistical profiles of activity, or for other purposes
that may serve to enhance our service offerings. No information
which can be directly attributed to a particular client will be
disclosed to outside parties except in the case of service providers,
as described above.
Trademarks
VirtCert, Diamond Sea, and Virtual Certificates and "Sell
More. Work Less." are trademarks of Diamond Sea. Unauthorized
use of any Diamond Sea trademark, service mark or logo may be
a violation of federal and state trademark laws.
Copyright
This web site is protected by U.S. and foreign copyright laws. You
may not modify, reproduce or distribute the design or layout of
the web site, or individual sections of the design or layout of
the web site or Diamond Sea logos without our written permission.
Diamond Sea, Inc. retains all rights, including but not limited
to copyright, trademark and patent rights to any work done for a
client and for all custom work. A License is granted to use any
custom work within the organization that paid for the services rendered
and/or products developed. This License does not extend outside
of the organization, and does not allow the work to be shared, re-licensed,
sub-licensed, sold, or promoted as the organizations proprietary
asset.
Ownership of Rights
Unless otherwise specified in writing, all programs and custom programming
code are and remain the property of Diamond Sea. No "work-for-hire"
relationship is created. Only a limited license to use any custom
developed code is granted. This license allows the company to use
the code only in the context of their business for internal use
and is not transferrable or saleable without written permission.
You hereby assign to Diamond Sea all right, title, and interest
(including ownership of copyright) in any suggestions or comments
or contributions related to your use of our services. If Diamond
Sea requires it, you agree to sign an appropriate document to assign
such rights.
Location
The Diamond Sea web site is operated by Diamond Sea from its
offices within the State of Maryland of the United States of America.
Diamond Sea makes no representation that the information in the
web site is appropriate or available for use in other locations,
and access to the Diamond Sea web site from territories where
the content of the Diamond Sea web site may be illegal is prohibited.
Those who choose to access the Diamond Sea web site from other
locations do so on their own initiative and are responsible for
compliance with applicable local laws
Links
This Diamond Sea web site may contain links to web sites operated
by other parties. The linked sites are not under the control of
Diamond Sea, and Diamond Sea is not responsible for the content
available on any other Internet sites linked to the web site. Such
links do not imply Diamond Sea's endorsement of material on any
other site and Diamond Sea disclaims all liability with regard
to your access of such linked web sites. Diamond Sea is providing
these links to other internet sites as a convenience to users, and
access to any other internet sites linked to this web site is at
your own risk.
Limitations on Uploaded Inventory
Inventory data may be uploaded to our service and used in the following
ways:
• NO COMPANY MAY UPLOAD DATA DESCRIBING ANOTHER COMPANY'S
GOODS AND MAKE IT AVAILABLE TO OTHER MEMBERS UNLESS THEY HAVE AN
EXCLUSIVE RIGHT TO MARKET SAID INVENTORY.
• If a Wholesaler is a VirtCert member and has not authorized
you to sell their goods, you may not upload their data from another
source into your own inventory (this would bypass our authorization
system).
• Wholesalers may upload data on goods that they own or have
exclusive rights to market. This data may be made available to other
companies via our Authorization system.
• Retailers may upload data on goods that they OWN or have
EXCLUSIVE rights to market.
• Retailers may upload any data they have permission to use
for use ONLY WITHIN the web site associated with their member account.
• These rules are required to maintain the integrity of our
system and protect the sales channels of our members.
Without these rules we would have the following problems (among
others):
• Many members would be listing the same inventory, all at
different prices, which would look bad as customers would see the
identical diamonds listed at multiple prices.
• Members would not update their inventory at the same times,
resulting in stones that should no longer be available still being
listed, with the same problems described above.
• The sales process would become more fractured, with another
company having to serve as a middleman, slowing down the process,
adding another layer of cost and reducing the reliability of the
data.
• The company who actually owns the stone would miss out on
a sales opportunity to sell alternative goods in the event that
the requested one is no longer available. The lead would be diverted
to the member inappropriatly listing the owners' inventory.
• Diamond Sea would be subject to requests and/or orders
to remove the inventory from our system by the company that actually
owns the goods.
• Diamond Sea would not have a direct channel to the true
owner of the goods in order to resolve any issues that may arise
regarding their inventory.
• If there is a company whose inventory you would like to
have access to, please let us know or have them contact us and we
will be happy to set them up with a free trial account so that they
can see the benefits of our services.
Failure to comply with these rules will result in the inventory
containing the goods in question being removed from the Diamond Sea
network.
Modifications
Diamond Sea reserves the right to modify this web site and the
rules and regulations governing its use, at any time. Modifications
will be posted on the web site, and users are deemed to be apprised
of and bound by any changes to the web site. Diamond Sea may
make changes in the products and/or services described in this web
site at any time.
Enforcement
No delay or failure to enforce any provision of this Agreement or
other relevant Agreements will constitute a waiver or limitation
of rights enforceable under it.
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