Terms & Conditions

       

These Terms of Use apply to the website at http://www.investments.diamonds (the “Website”).

Diamond Investment & Intelligence Center (DICE) and/or any of its wholly owned affiliates, including but not limited to DICE (collectively, “DICE” or “we” or “our”), provides the content posted on the Website to you subject to these Terms of Use. By accessing and using the Website, you agree to be bound by these Terms of Use. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the Website.

 

1. WEBSITE CONTENT AND LICENSE

The content on the Website, including without limitation the dossiers, text, graphics, software, video and audio content and the like that appear on the Website (the “Website Content”), is owned by or licensed to DICE and is subject to copyright and other intellectual property rights protected by laws and other treaties around the world. Subject to the license granted below, all such rights are reserved by us. In particular, you may not re-post, republish, reproduce or copy the Website Content to other web sites or publicly-accessible documents, or sell, distribute or otherwise exploit the Website Content, without the prior written consent of DICE. To request permission to re-post, republish, reproduce, copy, sell, distribute or otherwise exploit Website Content, please submit your request in writing via e-mail to info@investments.diamonds. DICE has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute or otherwise exploit Website Content.

All of the DICE dossiers, trade marks, service marks and logos are owned by or licensed to DICE and may not be used for any purpose without the prior written consent of DICE.

DICE grants to you a personal, fully revocable, non-exclusive, non-transferable, non-sub-licensable license to use the dossiers and other information on the Website (the “Licensed Materials”) for your own business purposes only. Additional users will result in additional fees. It is expressly understood by you that the licence fee is based on the permitted use(s) under these Terms of Use and you shall inform DICE of any changes requiring the payment of new or additional licence fees. No concurrent usage or access code sharing is permitted. You shall not copy, modify, disclose, make available or use the Licensed Materials except as provided in these Terms of Use. You shall not remove any copyright or similar notice contained in the Licensed Materials.

2. PERMITTED USERS
The Website is designed to offer members dossiers on individuals for members seeking to develop business relationships. DICE does not provide investment or financial advice to you through the Website or otherwise, nor do we provide you with financial or investment services. You agree that the Website and your use of the Website do not and will not constitute an offer or sale of any security, financial product, instrument or trading strategy (or the solicitation or recommendation thereof). You agree that the Website and your use of the Website do not and will not constitute investment advice and that you will not rely on any Website Content when making an investment decision, or when buying or selling securities, financial products or instruments. You acknowledge that the Website is not an introduction source for your prospective clients, nor is the Website intended for business advice. You further acknowledge that DICE makes no guarantees with respect to any business results relating to or resulting from use of the Website. You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use. Further, if you (or any other person or entity) register on the Website and/or is a party to the DICE order form and/or is party to the DICE membership agreement (collectively, including the Website registration, the “Registration Documents”), you (or such other person or entity listed on any of the Registration Documents) shall abide by all of the terms therein, including but not limited to the restrictions thereunder on limited use and non-disclosure of the Licensed Information. You agree and acknowledge that any and all of the Registration Documents you entered into shall automatically renew on an annual basis from the initial date of your membership under such Registration Document unless you provide written notice to DICE within sixty (60) days of the end of the annual term to terminate the applicable Registration Document. DICE reserves the right to increase the annual subscription fee on each anniversary of the start date of this agreement. To the extent there is a conflict between any term(s) contained in the applicable Registration Document and any term(s) contained under these Terms of Use, the term(s) in such Registration Document shall prevail and govern. Only you (or the specific individual or entity name listed on any of the Registration Documents) is permitted to use and have access to the Licensed Information. For the avoidance of doubt, the foregoing restriction prohibits disclosure by you (or such other person or entity listed on any of the Registration Documents) of any of the Licensed Information to any of your affiliates (or any affiliate of such other person or entity listed on any of the Registration Documents) without the prior written consent of DICE. You fully agree and acknowledge that DICE reserves the right to immediately and without notice revoke your membership and/or deny you access to the Website without any right of refund should you use the Website for any purpose that is unlawful and/or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any DICE’s server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to any DICE server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Website. You will not link to any part of the Website if such activity is illegal, will cause damage to, or will otherwise harm DICE or any other party. Moreover, DICE reserves the right in its sole discretion to disable or otherwise terminate your use of the Website, or any links you make to the Website, or request you to do the same. While DICE makes reasonable efforts to ensure that the Website Content is accurate and up to date, DICE does not guarantee the Website Content is accurate, current or complete or that it provides all relevant or necessary information surrounding a particular individual or topic. The fact DICE has made the Website Content provided on the Website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any individual or product described on the Website is suitable or appropriate for you. You should not construe the Website Content as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice or make the Website Content the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts. You may want to consult your business advisors, attorney, and tax and accounting advisors concerning any contemplated transactions. DICE reserves all of its rights in the Website not expressly granted to you by these Terms of Use.

3. DOSSIER REQUESTS
Notwithstanding any provision to the contrary, you agree and understand that for up to a maximum of two (2) individual dossier requests within any 30 calendar day period (the “Guaranteed Requests”), we will deliver the requested dossier within ten (10) business days of such Guaranteed Requests and for all indiviual dossier requests in excess of the Guaranteed Requests, we will deliver the requested dossiers within a reasonable timeframe which will be notified to you.

4. USER ACCOUNTS
If you create a user account for the Website, you agree to complete the registration process by providing current, complete, and accurate information as required by DICE. You are responsible for all activities that occur in relation to your account. You agree to notify DICE immediately of any unauthorized use of your account or any other breach of security. DICE will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by DICE or any third party due to someone else using your account. You may not use anyone else’s account to gain access to the Website and/or DICE at any time.

5. CONFIDENTIALITY
1. You shall not disclose confidential information belonging to DICE or other confidential information otherwise obtained by you by virtue of your access to the Website. Only you or the specific individual or entity name listed on any of the Registration Documents is permitted to use and have access to the confidential information, and you (or such other person or entity listed on any of the Registration Documents) shall not copy, modify or otherwise share or disclose any of the confidential information to any other third party without the prior written consent of DICE. For the avoidance of doubt, the foregoing restriction prohibits disclosure by you (or such other person or entity listed on any of the Registration Documents) of any of the confidential information to any of your affiliates (or any affiliate of such other person or entity listed on any of the Registration Documents) without the prior written consent of DICE (such consent not to be unreasonably withheld). The obligations of confidentiality contained in this Section shall not apply to information which: i. is publicly known at the time of disclosure; ii. is already in your possession at the time of disclosure; iii. becomes known to you through disclosure by other sources without such sources violating any confidentiality obligation to DICE; or iv. is independently developed by you without reference to information from DICE or the Website. Notwithstanding anything in this Section, you are not prohibited from disclosing confidential information to law enforcement or regulatory authorities to comply with applicable laws and regulations.
2. You agree not to use any of the Licensed Materials or any part of the data contained therein for the purpose of creating any form of competing list, directory, database, report or service whether for internal or external use, nor may you mass export any of the data obtained as a result of your use of the Website, without written approval from DICE. This Section 4 shall survive termination of your use of the Website.
3. DICE shall not disclose to a third party any confidential and/or sensitive information about your business (including your access of the Website) or about any third party with whom you do business that you disclose to DICE or that becomes known to DICE through your use of the Website (“Client Information”). DICE’s obligations of confidentiality contained herein shall not apply to information which: i. is publicly known at the time of disclosure; ii. is already in our possession at the time of disclosure; iii. becomes known to us through disclosure by other sources without such sources violating any confidentiality obligation to you; or iv. is independently developed by us without reference to information from you. Notwithstanding anything in this Section, DICE is not prohibited from disclosing confidential information to law enforcement or regulatory authorities to comply with applicable laws and regulations.

6. PRIVACY
These Terms of Use incorporate the entirety of the DICE’s Privacy Policy posted on this Website and available at http://www.investments.diamonds/.

7. CLAIM OF COPYRIGHT INFRINGEMENT
DICE respects the intellectual property of others. If you believe in good faith that any Website Content, or other matter posted on the Website infringes the copyright in a work you own, please contact our designated contact listed below, with correspondence containing the following:
– A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
– Identification of the copyrighted work allegedly infringed;
– Identifying information reasonably sufficient to allow determination by DICE of the location of the material that is allegedly infringing;
– Information reasonably sufficient to permit DICE to contact you;
– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your notice may not be valid and we reserve the right not to take action until all the requirements are complied with. For any questions regarding this procedure, or to submit a complaint, please contact DICE’s designated contact:
Attn: General Manager
info@investments.diamonds

8. LINKS TO OTHER WEBSITES
The Website may contain advertisements and/or links to other sites (“Third Party Websites”). These links are provided solely for your convenience, and does not imply any affiliation between DICE and the Third Party Websites. DICE does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Website and navigate to Third Party Websites, or install any applications, software or download content from any such Third Party Websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website, you will be subject to the terms of use and other conditions of such Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third Party Website, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. DICE bears no responsibility for any action associated with any Third Party Website.

9. LIMITATION OF LIABILITY AND NO WARRANTIES
Nothing in these Terms of Use shall operate so as to exclude or limit the liability of either party for death or personal injury arising out of negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded or limited by law.
Except as set out in these Terms of Use, and to the fullest extent permissible by law, everything on the Website is provided to you “as is” and “as available” and DICE specifically disclaims all terms, conditions, representations or warranties, whether expressed or implied, and whether arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade.
You assume all risk as to the quality, function, and performance of the Website and Website Content.
To the fullest extent permissible by law, our total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the Website, regardless of the form of action, shall not exceed the total amount of fees, if any, that you paid to use the Website or the services.
To the fullest extent permissible by law, in no event will DICE, nor any of its affiliates, directors, employees, agents, members or managers (collectively, the “DICE Entities”) or any other party who has been involved in the creation, production, distribution, promotion, or marketing of the Website be liable to you or any other party, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for (i) any loss of profits, anticipated savings, business, goodwill or data, in each case whether in the nature of direct or indirect damages, or (ii) any indirect, consequential, special, incidental or exemplary damages or the like, incurred by you or any third party even if the loss(es) were foreseeable or if the DICE Entities or any other party had been advised of the possibility of the same. In addition, while DICE makes reasonable efforts to ensure that the Website Content is accurate, please note that the Website may include technical and factual inaccuracies or typographical errors. DICE has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Website (or any part thereof) on any particular device or communications service. DICE is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website.

10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless DICE and the DICE Entities from all liabilities, claims, damages, losses, and expenses, including attorneys’ fees, in each case arising from your negligence and/or fraudulent use of the Website or use of the Website in breach of these Terms of Use. DICE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with DICE in asserting any available defenses.

11. MODIFICATIONS
DICE may, at any time and in its sole discretion, revise, replace, update or otherwise modify these Terms of Use. You acknowledge and agree that you will be deemed to have consented to any modification of these Terms of Use when you use the Website after the effective date of the modification.

12. CHOICE OF LAW AND JURISDICTION
The Website is controlled and operated by DICE from hong Kong, regardless of where its servers may be located, from time to time. You agree that any dispute relating to or arising under the Terms of Use or arising out of or related to your use of the Website shall be subject to the non-exclusive jurisdiction of the Hong Kong courts, applying Hong Kong law, without reference to any principles of conflicts of law under Hong Kong law. By your use of this Website, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes. For avoidance of doubt, this clause shall not limit the right of DICE to take proceedings against you in any court of competent jurisdiction.
Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in Hong Kong, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.

13. RIGHTS OF DICE TO ENFORCE THESE TERMS OF USE
You acknowledge and agree that you are responsible for ensuring that any person or entity listed on any of the Registration Documents, or any person or entity otherwise using your account complies with these Terms of Use. DICE shall be entitled to enforce these Terms of Use against such person or entity, and you shall not exclude the application of the Contracts (Rights of Third Parties) Act (Cap. 53B) in your agreement with such person or entity (if any).

 

If you have any questions about these Terms of Use, please contact us at info@investments.diamonds


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