1.)
Membership
: By becoming a member of a Diamond International Site (the "Service"),
you become a Subscriber and agree to be bound by this Agreement
(the "Agreement"). This agreement is subject to change
by Diamond International at any time, and changes are effective
immediately without notice.
2.)
Subscription
fees
: The subscriber is responsible for paying periodic subscription
fees according to the then-current billing terms. Subscription fees
are non-refundable.
3.) Payment : Unless and until this
agreement is cancelled in accordance with the terms hereof, Subscriber
hereby authorizes the "Service" to charge subscriber's
credit card (or other approved facility) to pay for the ongoing
cost of membership. Subscriber hereby further authorizes the "Service"
to charge Subscriber's credit card (or other approved facility)
for any and all puchases of products, services and entertainment
provided by Diamond International. Subscribership may not be assigned
or transferred to any other person or entity. Subscriber must promptly
inform Diamond International of the following: changes in the expiration
date of any credit card used in connection with the Service; changes
in home or billing address; any apparent breaches of security, such
as loss,theft, or unauthorized disclosure or use of an ID or password.
Until Diamond International is notified, by e-mail, or by telephone
at of a breach in security, the Subscriber will remain liable for
any unauthorized use of the Service.
4.)
Rebilling : Payment for the appropriate
services may be made by automatic credit card debit. Members will
be automatically renewed for the original term upon expiration,
unless Diamond International is notified via email 3 days prior
to membership expiration. Trial Memberships are required to cancel
within 1 day prior to expiration. Trial Memberships are renewed
at the standard one month rate.
5.)
Termination : Subscription to the Service
may be terminated at any time, and without cause, by either Diamond
International or the Subscriber upon notification of the other by
electronic or conventional mail, or by telephone. When termination
is requested by a member, subscription fees are NOT
refunded. Subscribers are liable for charges incurred by them until
termination of service.
6.)
Responsibility : Subscribers are responsible
for providing all personal computer and communications equipment
necessary to gain access to the Service. Access to and use of the
Service is through a combination of an ID and a password. Each Subscriber
must keep his password strictly confidential. For security reasons,
Diamond International will not release passwords for any reason,
except as may be specifically required by law or court order. Unauthorized
access to the Service is a breach of this Agreement and a violation
of law.
7.)
Liability : Any liability of Diamond
International including without limitation any failure of performance,
error, omission, interruption, deletion, defect, delay in operation
or transmission, communications line failure, theft or destruction
or unauthorized access to, alteration of, or use of records, whether
for breach of contract, tortous behavior, negligence, or under any
other cause or action, shall be strictly limited to the amount paid
by or on behalf of the subscriber to Diamond International for the
preceding 12 months. Some states do not allow the limitation or
exclusion of liability for incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
8.)
Warranty : No warranty is made by Diamond
International regarding any information, services, or products provided
through or in connection with the Service, and Diamond International
and hereby expressly disclaims any and all warranties, including
without limitation:1) any warranties as to the availability,
accuracy, or content of information, products, or services; 2)
any warranties of merchantability or fitness for a particular purpose.
Some states/provinces do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
9.)
Use : The material on the Service is
for the private, non-commercial enjoyment of Subscribers only. Any
other use is strictly prohibited.
10.)
Notice : Notices by Diamond International
to Subscribers may be given by means of electronic messages through
the Service, by a general posting on the service, or by conventional
mail. Notices by Subscribers may be given by electronic messages
or conventional mail, unless otherwise specified in the Agreement.
11.)
Contact : All questions should be sent
by means of electronic message to admin@diamondinternational.com.
Please include your name and username in all correspondence or IT
WILL BE IGNORED.
We must know who you are in order to be able to help.
12.)
Support : Telephone support is available
24 hours a day by calling:
1-800-553-1544 (Toll free US and International)
13.)
Age : The subscriber hereby warrants
and represents that he or she is over the age of 18, or 21 where
such local laws require, and in all respects is qualified and competent
to enter into this agreement.
14.) Finality : This Agreement contains
the entire agreement between the Subscriber and Diamond International
regarding the use of the Service, and supersedes all prior written
and oral understandings and writings, and may only be amended upon
notice by Diamond International to Subscribers. Unless otherwise
explicitly stated, the provisions of this Agreement shall survive
its terminations.
14.)
Jurisdiction : The Agreement shall
be governed pursuant to the laws of the State of California.
15.)
Security and Non-Assignability : Members
may not assign or transfer access privileges to any other person
or entity. Members must promptly inform Diamond International of
the following: changes in the expiration date of any credit card
used in connection with this Service; changes in home or billing
address; apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password. All such communications
must be sent via email to admin@diamondinternational.com.
Until
Diamond International is notified by e-mail of a breach in security,
the Member will remain liable for any unauthorized use of the
Service. Upon request, Members will be given access to billing
records that support charges for use of Diamond International.
To read our Privacy Policy, please click
here.