Terms and Conditions
Table of Content
Application and Acceptance of the Terms
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.diamondartkits.store!
1.2 You may not use the Services and may not accept the Terms if:
A. You are not of legal age (at least 16 years old) to form a binding contract with Diamond Art Kits store,
B. You are not permitted to receive any Services under the laws of local countries / regions including the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Diamondartkits.store may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 You may be required to enter into a separate agreement, whether online or offline, with Diamondartkits.store or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.5 The Terms may not otherwise be modified except in writing by an authorized officer of Diamondartkits.store.
Provision of Services
2.1 You must register as a member on the Site in order to access and use some Services. Further, Diamondartkits.store reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Diamondartkits.store may impose in our discretion.
2.2 Some Services may be provided by Diamondartkits.store affiliates on behalf of Diamondartkits.store.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Diamondartkits.store may in our sole discretion limit and use of any Services (or any features within the Services) with respect to different Users.
2.4 Diamondartkits.store may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice.
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that:
A. You will not copy, reproduce, download, republish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”)
B. You will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Diamondartkits.store, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Diamondartkits.store is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.4 Diamond Art Kits Store may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link), API or otherwise to such third parties web site. You are cautioned to read such websites terms and conditions and/or privacy policies before using the Site. You acknowledge that Diamondartkits.store has no control over such third parties website, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such web site.
3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Diamondartkits.store and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.6 You agree not to undertake any action which may undermine the integrity of Diamondartkits.store feedback system, such as leaving positive feedback for yourself using secondary Member ID or through third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Diamondartkits.store or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Diamondartkits.store to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, such as using as product description on Diamondartkits.store, advertising outside Diamondartkits.store and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Diamondartkits.store that you have all the rights, power and authority necessary to grant the above license.
4.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a “Member” below). Except with Diamondartkits.store approval, one User may only register one member account.
4.2 Upon registration on the site, Diamondartkits.store shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Diamondartkits.store immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to Diamondartkits.store or other Users of the Site. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Diamondartkits.store shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5.1 Each Member represents, warrants and agrees that they have full power and authority to accept the Terms in this agreement.
5.2 Member will be required to provide information or material about your entity as part of the registration process on the Site for a member account. Each Member represents, warrants and agrees that:
- Such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete;
- You will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each Member represents, warrants and agrees that any User Content that they submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
- Be true, accurate, complete and lawful;
- Not be false, misleading or deceptive;
- Not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not contain any link directly or indirectly to any other website which includes any content that may violate the Terms.
5.6 Each Member further represents, warrants and agrees that you shall;
- Carry on your activities on the Site in compliance with any applicable laws and regulations;
- Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- Not use the Services or Site to defraud any person or entity;
- Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- Not engage in spamming or phishing;
- Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- Not involve attempts to copy, reproduce, Diamondartkits.store various proprietary directories, databases and listings;
- Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Not involve any scheme to undermine the integrity of the data, systems or networks used by Diamondartkits.store and/or any user of the Site or gain unauthorized access to such data, systems or networks;
- Not engage in any activities that would otherwise create any liability for Diamondartkits.store or our affiliates.
5.7 Member may not use the Services and member account messaging to engage in activities which are identical or similar to Diamondartkits.store e-commerce business.
5.8 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Diamondartkits.store provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Diamondartkits.store shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.9 Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Breaches by Members
6.1 Diamondartkits.store reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms.
6.2 If any Member breaches any Terms or if Diamondartkits.store has reasonable grounds to believe that any Member is in breach of any the Terms, Diamondartkits.store shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Diamondartkits.store shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Diamondartkits.store.
6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- Diamondartkits.store has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party;
- Diamondartkits.store has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading;
- Diamondartkits.store believes that the Member’s actions may cause financial loss or legal liability to Diamondartkits.store or our affiliates or any other Users.
6.4 Diamondartkits.store reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Diamondartkits.store may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Diamondartkits.store shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Diamondartkits.store for such disclosure.
6.5 If a Member is in breach of the Terms, Diamondartkits.store also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Diamondartkits.store also reserves the right to disclose the records of such breach to our affiliates.
6.6 Diamondartkits.store may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Site without being liable to the Member if Diamondartkits.store has received notice that the Member is in breach of any agreement or undertaking such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Diamondartkits.store shall have the right to publish the records of such breach on the Site. Diamondartkits.store shall not be required to investigate such breach or request confirmation from the Member.
6.7 Each Member agrees to indemnify Diamondartkits.store, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
6.8 Each Member further agrees that Diamondartkits.store is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Diamondartkits.store reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Diamondartkits.store in asserting any available defenses.
Transactions Between Customers and Diamond Art Kits.store
7.1 Customers agrees to provide all information and materials as may be reasonably required by Diamondartkits.store in connection with orders placed at Diamondartkits.store. Diamondartkits.store has the right to suspend or terminate any Customers account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.
7.2 Each User agrees that Diamondartkits.store shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from Diamondartkits.store.
7.4 When you make a purchase, you agree that the risk of loss transfers from Diamond Art Kits Store to you from the moment we deliver your order to the carrier.
You will bear all related liabilities and risks during the third-party transportation of your order.
Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY DIAMONDARTKITS.STORE ON OR THROUGH THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND DIAMONDARTKITS.STORE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIAMONDARTKITS.STORE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; DIAMONDARTKITS.STORE DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND DIAMONDARTKITS.STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to Diamondartkits.store computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Diamondartkits.store or through or from the Site shall create any warranty not expressly stated herein.
8.4 Each User hereby further agrees to indemnify and save Diamondartkits.store, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Diamondartkits.store is not responsible and shall have no liability to you, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Diamondartkits.store reserves the right, at your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Diamondartkits.store in asserting any available defenses.
8.5 Diamondartkits.store shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
- The use or the inability to use the Site or Services;
- Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
- Unauthorized access by third parties to data or private information of any User;
- Statements or conduct of any User of the Site;
- Any matters relating to Services however arising, including negligence.
8.6 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Diamondartkits.store has been advised of or should have been aware of the possibility of any such losses arising.
9.1 Under no circumstances shall Diamondartkits.store be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties
Intellectual Property Rights
10.1 Diamondartkits.store is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Diamondartkits.store, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Diamondartkits.store are hereby reserved.
10.2 “DIAMONDARTKITS.STORE” and related icons and logos are registered trademarks or trademarks or service marks of Diamondartkits.store.
10.3 Diamondartkits.store may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Diamondartkits.store with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Diamondartkits.store and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Diamondartkits.store failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Diamondartkits.store right to act with respect to subsequent or similar breaches.
12.6 Diamondartkits.store shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity. You may not assign, in whole or part, the Terms to any person or entity.
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