Terms of service
Welcome to DIAMODIA™.
The terms “we”, “us”, and “our” refer to DIAMODIA™. We operate this website and online boutique, together with all
associated content, features, tools, products, and services (collectively, the “Services”), to offer you a curated
and considered shopping experience.
These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy and
Refund Policy), govern your access to and use of the Services. By visiting, browsing, or purchasing from DIAMODIA™,
you agree to be bound by these Terms. If you do not agree, you should not use or access the Services.
Please read these Terms carefully; they contain important information about your legal rights, including warranty
disclaimers and limitations of liability.
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SECTION 1 – ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state or province of residence,
and that you consent to the use of the Services by any minor dependents on devices you own or control.
To access certain features or complete a purchase, you may be required to provide information such as your name,
email address, billing details, and shipping address. You represent and warrant that all information you provide is
true, accurate, current, and complete, and that you have the right to provide it.
You are solely responsible for safeguarding your account credentials and for all activity that occurs under your
account. You may not transfer, sell, assign, or license your account to any other person.
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SECTION 2 – OUR PRODUCTS
We make every effort to present our creations as faithfully as possible. However, colors, proportions, and appearance
may vary depending on your screen, device, and settings. Such variations do not constitute a defect.
We do not warrant that the appearance or quality of any product will meet your personal expectations or be identical
to any imagery or rendering displayed on the Services.
All product descriptions, specifications, and prices are subject to change at any time, without notice, at our sole
discretion. We reserve the right to discontinue any product at any time and to limit quantities for any person,
household, geographic region, or jurisdiction.
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SECTION 3 – ORDERS
By placing an order, you make an offer to purchase the selected products under these Terms.
We reserve the right, in our sole discretion, to accept or decline any order.
No order is binding on DIAMODIA™ until payment has been successfully processed and we issue an order confirmation.
We may cancel or refuse an order, in whole or in part, including for reasons such as product availability, suspected
fraud, pricing errors, or regulatory restrictions. If we do so, we will attempt to notify you using the contact
details you provided at checkout.
Once an order is confirmed, changes or cancellations may not be possible. Please review your order carefully before
submitting.
Returns and exchanges, where permitted, are governed exclusively by our Refund & Return Policy.
You represent and warrant that purchases are for personal or household use only and not for resale, distribution, or
export.
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SECTION 4 – PRICES AND BILLING
All prices are listed in the currency shown at checkout unless otherwise indicated. Prices, discounts, and promotions
are subject to change at any time without notice.
The price charged will be the price in effect at the time your order is placed and will be reflected in your order
confirmation. Unless expressly stated, prices do not include taxes, duties, customs, shipping, or handling fees,
which will be added at checkout where applicable.
Online pricing may differ from prices offered in any other sales channels.
You agree to provide current, complete, and accurate purchase and account information for all transactions made through
the Services, and to promptly update your details—such as email, billing address, and payment information—so that we
can complete your transactions and contact you as needed.
By submitting payment information, you represent and warrant that:
(i) you are authorized to use the chosen payment method;
(ii) the information provided is true and complete; and
(iii) charges incurred by you will be honored by your payment provider and paid in full.
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SECTION 5 – SHIPPING AND DELIVERY
Estimated delivery times are provided for convenience only. They are not guarantees.
Risk of loss and title for products pass to you upon our delivery of the order to the carrier. We are not responsible
for delays or failures in delivery caused by carriers, customs processes, force majeure events, or circumstances beyond
our reasonable control.
Any customs duties, import taxes, or related charges are your responsibility unless expressly stated otherwise.
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SECTION 6 – INTELLECTUAL PROPERTY
All content and materials on the Services—including, without limitation, text, designs, logos, trademarks, product
names, photographs, graphics, video, audio, digital certificates, and NFTs, as well as the selection and arrangement
of such content—are owned or controlled by DIAMODIA™ or its licensors and are protected by applicable intellectual
property laws worldwide.
The Services are provided for your personal, non-commercial use only. Except where expressly permitted by law, you may
not copy, reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download,
store, or transmit any content from the Services without our prior written consent.
Nothing in these Terms shall be construed as granting you any license or right in or to any DIAMODIA™ trademarks,
trade dress, copyrights, patents, or other intellectual property, whether by implication, estoppel, or otherwise.
All rights not expressly granted are reserved.
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SECTION 7 – OPTIONAL TOOLS
From time to time, we may provide access to third-party tools or features that are not under our control.
You acknowledge and agree that such tools are provided “as is” and “as available” without warranties of any kind and
without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Your use of such tools is entirely at your own risk, and you should review and accept the terms of the relevant
third-party provider.
Any new features or tools that we introduce will also form part of the Services and will be subject to these Terms.
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SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to websites, content, or resources operated by third parties. These are provided solely
for your convenience.
We do not control, endorse, or assume any responsibility for third-party sites, their content, products, services, or
policies. If you choose to access third-party sites, you do so at your own risk.
Any questions, claims, or concerns regarding third-party products or services should be directed to the relevant
third party.
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SECTION 9 – PLATFORM & SERVICE PROVIDERS
We may work with third-party service providers to host, operate, secure, and enhance the Services, process payments,
and support logistics and communications. However, all purchases made through this boutique are transactions between
you and DIAMODIA™.
No third-party service provider is a party to your contract of sale with us. You agree that such providers are not
responsible for any loss, damage, or claim arising from or related to your purchase, use, or inability to use
DIAMODIA™ products.
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SECTION 10 – PRIVACY
Your use of the Services is subject to our Privacy Policy, which forms part of these Terms and explains how we collect,
use, and protect your personal information.
By using the Services, you acknowledge that you have reviewed our Privacy Policy and consent to the handling of your
data as described there.
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SECTION 11 – FEEDBACK
If you submit or transmit to us any ideas, suggestions, reviews, proposals, or other content (“Feedback”), you grant
DIAMODIA™ a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, translate,
create derivative works from, distribute, and display such Feedback in any medium, for any lawful purpose.
You represent and warrant that:
(i) you own or control all rights in and to the Feedback;
(ii) your Feedback does not infringe any third-party rights; and
(iii) your Feedback complies with these Terms and applicable law.
We may—but are not obligated to—monitor, edit, or remove Feedback that we determine, in our sole discretion, to be
unlawful, offensive, or otherwise objectionable.
You are solely responsible for the content and accuracy of your Feedback. We assume no liability for any Feedback
posted by you or any third party.
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SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions related to
product descriptions, pricing, promotions, availability, or shipping.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel
orders if any information is inaccurate at any time, without prior notice (including after you have submitted an order).
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SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
• Use the Services for any unlawful, fraudulent, or malicious purpose.
• Violate any applicable law, regulation, or rule.
• Infringe upon our intellectual property rights or those of others.
• Harass, abuse, insult, harm, defame, intimidate, or discriminate against any person.
• Submit false, misleading, or deceptive information.
• Upload or transmit viruses, malware, or any destructive code.
• Attempt to gain unauthorized access to the Services, other accounts, or computer systems.
• Collect or track personal information of others without consent.
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our
express written permission.
• Interfere with or circumvent any security features of the Services.
We reserve the right to suspend or terminate your access to the Services if, in our sole discretion, we believe you
have violated these Terms.
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SECTION 14 – TERMINATION
We may suspend or terminate your access to the Services at any time, without prior notice, for any reason or no reason,
including if we believe you have violated these Terms or any applicable law.
You remain liable for all payments due up to and including the date of termination.
Any provisions which, by their nature, should survive termination (including Intellectual Property, Feedback,
Disclaimers, Limitations of Liability, Indemnification, Severability, Governing Law, and Dispute-related provisions)
shall continue in full force and effect.
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SECTION 15 – DISCLAIMER OF WARRANTIES
The information and materials presented through the Services are provided for general information only.
EXCEPT AS EXPRESSLY STATED BY DIAMODIA™, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED
“AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be
corrected. Any reliance on the Services is at your sole risk.
Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations may not apply to you.
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SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIAMODIA™, OR OUR DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR ANY PRODUCTS PURCHASED
THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR ANY PRODUCTS
SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DIAMODIA™ FOR THE PRODUCT OR SERVICE AT ISSUE, OR
(B) ONE HUNDRED U.S. DOLLARS (USD $100).
Some jurisdictions do not allow limitations of liability for personal injury or for certain damages, so some or all of
these limitations may not apply to you.
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SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless DIAMODIA™ and our affiliates, officers, directors, employees,
agents, contractors, and licensors from and against any and all claims, losses, liabilities, damages, costs, and
expenses (including reasonable attorneys’ fees) arising out of or related to:
• Your use or misuse of the Services or any products;
• Your breach of these Terms or any incorporated policy; or
• Your violation of any law or third-party right.
We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to
cooperate with any reasonable requests in assisting our defense.
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SECTION 18 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforced
to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.
Such determination shall not affect the validity or enforceability of any other remaining provisions.
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SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right
or provision.
These Terms, together with any policies posted on the Services (including our Privacy Policy and Refund Policy),
constitute the entire agreement between you and DIAMODIA™ regarding your use of the Services and supersede any prior
or contemporaneous agreements, communications, or proposals, whether oral or written.
Any ambiguity in the interpretation of these Terms shall not be construed against DIAMODIA™.
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SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written
consent. Any attempted assignment in violation of this provision is void.
We may assign, transfer, or delegate any of our rights or obligations under these Terms without notice or restriction.
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SECTION 21 – GOVERNING LAW
These Terms and any disputes arising out of or related to your use of the Services or any products shall be governed
by and construed in accordance with the laws of the State of Arizona and the United States, without giving effect to
any choice or conflict of law provision.
You agree that the courts located in Maricopa County, Arizona shall have exclusive jurisdiction over any legal suit,
action, or proceeding arising out of or related to these Terms or the Services, and you consent to personal jurisdiction
in such courts.
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SECTION 22 – HEADINGS
Section headings are for convenience only and shall not affect the interpretation of these Terms.
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SECTION 23 – CHANGES TO THESE TERMS
You can review the most current version of the Terms at any time on this page.
We may update or modify these Terms from time to time. When we make material changes, we will update the “Last
updated” date and, where required by law, provide additional notice. Your continued use of the Services after any
changes become effective constitutes your acceptance of the revised Terms.
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SECTION 24 – CONTACT INFORMATION
Questions about these Terms or about DIAMODIA™ may be directed to:
DIAMODIA™
Email: iam@diamodia.com
United States