Terms and Conditions
TERMS AND CONDITIONS APPLICABLE TO THE USE OF THIS WEBSITE
(Last revised September 21st, 2017)
These Website Terms and Conditions (the "T's and C's"), together with the documents referred to within them, including without limitation the Acceptable Use Policy, the Terms and Conditions of Purchase for Online Transactions, the Terms and Conditions of Purchase for Approved Jewelers Transactions, and the Privacy and Cookies Policy, all of the foregoing collectively referred to as the "Terms", set forth the legal terms and conditions governing your use of the website www.iidv.com operated by International Institute of Diamond Valuation Inc., a Delaware USA corporation (“IIDV”), and any consumer-facing mobile applications or other consumer-facing online and mobile websites operated by IIDV that are related to the content provided at www.iidv.com (collectively, the "Site"), including your sale or potential sale of eligible product(s) to IIDV and any services provided on or from the Site ("Services").
IIDV is a company incorporated in the State of Delaware whose registered address is 1209 Orange Street, Wilmington, DE 19801, USA and whose principal place of business is located at 50 West 47th Street, Suite 1712, New York, NY 10036. These Terms form a legally binding agreement between you and IIDV in relation to your use of the Site and Services. It is important that you take the time to read them carefully. All references to 'our', 'us' or 'we' within these Terms are deemed to refer to IIDV.
This website, among other things including the provision of information, facilitates online commercial transactions between you, a consumer, as seller, and us, IIDV, as purchaser, subject to the Terms set forth herein.
IIDV operates other business-to-business websites and/or related business-to-business mobile applications/websites, the use of which are governed by separate terms and conditions set forth on such websites/mobile applications/websites.
Consumers are reminded that they can take their Articles to an approved third party participating retailer. Details of approved participating retailers can be found on this website.
1. Acceptance of Terms
Your use of the Site (including accessing, browsing or registering to use the Site) or Services confirms your unconditional agreement to be bound by these Terms and is subject to your continued compliance with these Terms. In addition IIDV may further confirm your agreement to and acceptance of these Terms or portions thereof by requiring you to affirmatively assent to the same (e.g., by clicking an 'I Accept' button) in connection with your sale or potential sale of eligible product(s) to IIDV.
We reserve the right to revise these Terms at any time by amending this page. Updated terms will supersede all previous versions of the Terms. Please check this page regularly to take notice of any changes we have made, as they are binding on you. Those changes will go into effect on the “Last revised” date shown in the Terms. By continuing to access or use the Site, you agree to the revised Terms.
IIDV may make changes to the Site, its content, products, services or features at any time. You understand and agree that IIDV may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.
IF YOU DO NOT ACCEPT THESE TERMS YOU MUST NOT USE THE SITE.
2. Other Applicable Terms
These Terms refer to the following additional terms, which are incorporated herein by reference and also apply to and govern your use of the Site. You agree to comply with each and every of the Terms:
- Our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Site. When using the Site, you must comply with this policy.
- Our Terms and Conditions of Purchase for Online Transactions, which set out the terms by which you may sell to us, loose natural diamonds or natural diamond jewelry using the Site.
- Our Terms and Conditions of Purchase for Approved Jewelers Transactions, which set out the terms by which you may use IIDV's Approved Jewelers' services.
- Terms and Conditions Applicable to the use of "My Quote" page for use where you are accessing the Site to view an MPQ based on an In-Store Valuation or a Lab Valuation (to confirm, in such a case you have already obtained an MPQ via a participating retailer) (for the avoidance of doubt, these "My Quote" terms and conditions are not applicable to Online transactions and Approved Jewelers transactions), as follows:
- “Item” designates the item matching the Market Price Quote Identification Number entered in the “My Quote” page.
- No representation, warranty, opinion or guarantee of authenticity, genuineness, attribution or authorship is made hereby. Any certificate issued by IIDV may not be published or used in any manner, without IIDV’s prior written consent in each instance.
- You acknowledge and agree that any Lab Valuation or In-Store Valuation value expressed is only IIDV’s good faith subjective opinion at that point in time, based on IIDV’s knowledge and experience and is dependent on various market factors, and does not constitute a recommendation of purchase or sale at such value or a representation or warranty that the Item will realize that value if offered for sale at auction or otherwise. Under no circumstances shall IIDV or any of its Affiliates be liable to You for any claim regarding a Lab valuation or an In-Store Valuation, including a claim that a Lab valuation or an In-Store Valuation is inaccurate, unreasonable or unfair. You should not expect that the Lab Valuation or In-Store Valuation value will be the current retail price of the Item. IIDV assesses such value based on the wholesale price (i.e., the price that diamond suppliers sell to retail jewelers). This will differ from the retail price, which needs to cover a jeweler’s overhead costs and profit margins.
- You acknowledge and agree that IIDV’s Lab Valuation or In-Store Valuation (as applicable) is made with the express understanding that IIDV and its Affiliates do not assume any responsibility or liability in relation thereto. You acknowledge and agree that under no circumstances shall IIDV or any of its Affiliates be liable to you, and you agree not to assert and hereby waive against any of them any claim, for any direct damages, or any special, consequential, indirect, punitive, exemplary, or incidental damages (including, without limitation, lost or anticipated income, lost revenues or lost profits), arising out of or relating to this certificate, any Lab Valuation or In-Store Valuation provided by IIDV, or the acquisition of the Item by IIDV, whether such claim is based on warranty, contract, tort (including, without limitation, negligence or strict liability) or otherwise, even if IIDV and/or its affiliates are or were advised of the possibility thereof. IIDV and its Affiliates hereby disclaim any representation or warranty, express or implied, of any kind with respect to this certificate, any Lab Valuation or In-Store Valuation provided by IIDV, or the acquisition of the Item by IIDV (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose and implied warranties arising from course of dealing or course of performance). Some states do not allow exclusion or limitation of implied warranties or incidental or consequential damages, so the above limitations or exclusions may not apply to you in such event.
- If any provision herein (or part thereof) is held to be illegal, invalid or unenforceable, in whole or in part, then that provision or part of it shall be deemed not to form part hereof and the legality, validity and enforceability of the remainder of the terms hereof will not be affected or impaired and will remain in full force and effect.
3. Permitted Users of the Website
The Site is directed and limited to use by persons 19 years of age or older. Individuals who are 19 years of age or older, but deemed to be a minor in their local state, territory or jurisdiction, or otherwise incapable of entering into legally binding agreements must obtain parental/legal guardian consent prior to using the Website or Services.
We do not knowingly collect information from children under age 19 on the Site. If you are a parent or guardian and believe IIDV may have inadvertently collected personal information from your child, please notify IIDV immediately by sending an email to email@example.com detailing the basis of your belief and your request.
By using the Site, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving the products or Services available on the Website under the laws of the United States or any other applicable jurisdiction.
4. Access to the Site
Access to the Site is permitted on a temporary basis, subject in all cases to the Terms. We reserve the right to make changes to the Site from time to time and may change, suspend or withdraw the content of all or any part of the Site at any time without notice.
All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorised in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content or use it for commercial purposes, without our prior written consent. You may not offer for sale or distribute over any medium, any part of this Site or any of its content. You shall not interfere or attempt to interfere with the operation or use of Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms.
6. Intellectual Property
We and/or our Affiliates are the owner(s) and/or authorised user(s) of all trademarks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise expressly indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms, any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on this Site without our prior written permission or the prior written permission of such other third party that may own the trademark, service mark or logo displayed on this Site. Your use of the trademarks, service marks or logos displayed on this Site, except as provided herein, is strictly prohibited.
7. No Warranties
This Site (including the any information, materials, text, graphics, links or other items included in this Site) is provided "as is," “with all faults” and “as available”, without warranties of any kind. To the maximum extent permitted by law, we and our Affiliates exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied, statutory or otherwise (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
Please note that we are under no obligation to update the content and it may be out of date at any given time. We do not guarantee that the Site or any content on it will be free from errors or omissions. We provide the Site "as is" and without express or implied warranties of any kind.
We do not warrant that the Site will be free from viruses. Although we take reasonable steps to secure the Site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the Site will be safe from unauthorised access or use.
The Site may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons and we will not be liable to you if for any reason the Site is not available at any time.
WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR ANY LINKED WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
8. Third Party Services
9. Linking to our site
You may link to our homepage or any web pages, provided you do so in a way that is fair, accurate and legal and does not damage or take advantage of our reputation. You may not frame or deep link this Site. The website from which you are linking must comply in all respects with our Acceptable Use Policy. You must not establish a link in such manner that suggests or could suggest endorsement, association, affiliation or approval on our part where none exists.
10. Your Responsibility
You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookies Policy and the uses which we may make of such information. You will be responsible for any loss or damages we may suffer if you breach this warranty.
If you choose or are provided with a user identification code, password or other information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by e-mail at firstname.lastname@example.org.
11. No Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraudulent misrepresentation, or any other liability which cannot be excluded under local law.
We will not have any liability for any loss, cost or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise even if foreseeable, suffered by you or any third party as a result of your use of the Site or its Services or the use of the Site using your account (whether we were advised of, knew of, or should have known of the possibility of such damages) for or in connection with:
- use of, or inability to use, our Site or Services;
- any third party software you may download from the Site; or
- use of or reliance on any content displayed on our Site.
We only provide our Site for private, non-commercial use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of data, loss of business, business interruption, or loss of business opportunity.
To the maximum extent permitted by applicable law, we will have no liability for any special, exemplary or punitive damages. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We are not responsible for problems with hosting services, servers or internet service providers, telephone networks or telephone services or for any injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site or related to or resulting from generally using or downloading materials in connection with the internet.
We and our Affiliates reserve the rights in our and our Affiliates sole discretion to exclusively defend and control any claims arising from any breach of warranties you have made for which you agree to indemnify us and/or our Affiliates (if you are a consumer, it means where you have agreed that you will be personally responsible for our loss or damage) and you agree that you will fully cooperate with us and our Affiliates when we and/or our Affiliates defend those claims.
Additional limitations and exclusions of liability may apply to liability arising from purchases made by us, as set forth in the Terms and Conditions of Purchase for Online Transactions and in the Terms and Conditions of Purchase for Approved Jewelers Transactions.
12. Information Submitted By You
Where you make use of a feature which allows you to upload content to us or the Site, or to make contact with other users of the Site, you must comply with the standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be personally responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any content or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We reserve the right to, but may not monitor or control the content posted to the Site by users and, we cannot take responsibility for such content. Any use or reliance on any third party content or materials posted via the Site or obtained by you through the Site is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or other material posted on the Site or endorse any opinions expressed on the Site. You understand that by accessing the Site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Site, or any loss or damage of any kind incurred as a result of the use of any content or other materials posted, emailed, transmitted or otherwise made available on the Site.
13. Rights you licence
Except as otherwise expressly set forth in these Terms (e.g., in connection with (i) transactions entered into by you and Us; and/or (ii) the evaluation of your eligibility for potential transactions between you and Us, all relating to the sale by you of loose diamonds or diamond jewelry (collectively the "Transactions "), and unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private.
If you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. Except as otherwise expressly set forth in these Terms (e.g., in connection with the Transactions): none of the Submissions shall be subject to any obligation of confidence on our part , and we shall not be liable for any use or disclosure of any Submissions; any Submission may be used by us without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting; and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.
Except as otherwise expressly set forth in these Terms (e.g., in connection with the Transactions), you hereby irrevocably grant us and our Affiliates the right, but not the obligation, to reproduce, modify, adapt, publish, license, post, sell, translate, incorporate, create derivative works from, exploit and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Site or us, you warrant and represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. You agree that you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be personally responsible for any loss or damage we suffer as a result of your breach of warranty. Except as otherwise expressly set forth in these Terms (e.g., in connection with the Transactions): submissions to the Site and/or us will not be acknowledged or returned; you agree and understand that we are not obligated to use any Submission you make to the Site or us and you have no right to compel such use; you hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other special relationship; and that your decision to submit any material to us does not place us in a position that is any different from the position held by members of the general public with regard to your Submission. We also have the right to disclose your identity to any third party who claims that any content posted by you to the Site is in breach of their intellectual property rights or their right to privacy.
You understand and acknowledge that we have wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to it or being developed by our own employees. Many may be competitive with, similar or identical to your Submission in structure, design, purpose, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical material.
Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any material you submit to the Site and/or us, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any of our platforms, products or services based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
14. User Information
In the course of your use of the Site, you may be asked to provide personal information to us such as your first and last name, phone number or email address or other Personally Identifiable Information (PII) (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to such User Information is set out in our Privacy and Cookies Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
15. Restriction, Suspension and Termination
We may restrict, suspend or terminate your access to the Site, in whole or in part (including the right to disable your username or password), and/or your ability to avail of any of the services on the Site, including interactive services, at any time, with or without notice, for any reason or no reason at all, including but not limited to if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms. We will determine your compliance with these Terms in our sole discretion and our decision shall be final and binding and not subject to challenge or appeal.
From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
These Terms, including our Privacy and Cookies Policy, our Acceptable Use Policy, and our Terms and Conditions of Purchase for Online Transactions constitute the entire agreement between you and us in relation to their subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. The failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You may not assign your rights or obligations under these Terms to anyone. We may cede, assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
18. Law and Jurisdiction
These Terms and Conditions, including the Privacy and Cookies Policy and any matter relating to this Site, shall be governed by the laws of the United States of America and the laws of the State of New York applicable to agreements made and to be performed entirely within such state, without regard to the conflict of law principles of such state. You hereby irrevocably agree to the jurisdiction of state and federal courts located in the State of New York in connection with any dispute relating to these Terms or your use of this Site.
19. Contact Information
International Institute of Diamond Valuation, Inc., 50 West 47th Street, New York, NY 10036, USA
™, IIDV™ and Market Price Quote™ are trade marks of The De Beers Group of Companies.
(Last revised April 21st, 2016)
This Acceptable Use Policy sets out the terms under which you may access the Site. This Acceptable Use Policy applies to all users of, and visitors to, the Site and its Services. Your use of the Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy (including but not limited to Our Privacy and Cookies Policy), which supplement our Terms for the Site.
1. Prohibited Uses
You may use the Site and Services only for lawful purposes. You may not use the Site or Services:
- For any illegal and/or criminal purpose(s), including without limitation in connection with the trafficking or attempted trafficking of stolen property.
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm any person or entity in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards – please refer to our Terms for the Site and our Privacy and Cookies Policy.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services.
- You shall not in any manner use the Site directly or indirectly for any benchmarking, data mining, scraping, or comparative analysis relating IIDV, its business partners or its or their products or services.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Site
- any equipment or network on which the Site is stored
- any software used in the provision of the Site; or - any equipment or network or software owned or used by any third party.
2. Interactive Services
We may from time to time provide interactive services on the Site, including, without limitation chat room or bulletin boards. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Your use of such interactive services is at your own risk.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
3. Content Standards
These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trademark or other right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from Us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. Suspension and Termination
We will determine, in our sole discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms upon which you are permitted to use the Site, and may result in us taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (if you are a consumer, that means that you will be personally responsible for all of our losses and recovery costs).
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude any and all liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Changes to this Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page and shall be effective upon posting on the Site. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Site. Any changes will go into effect on the “Last revised” date shown. By continuing to access or use the Site, you agree to the revised Acceptable Use Policy.