Terms of Use
IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOU AGREE TO
THESE TERMS OF USE BY ACCESSING THIS WEB SITE, REGISTERING FOR THIS WEB SITE, OR BY ACCEPTING
OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS WEB SITE. IF YOU DO NOT AGREE TO BE
BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS WEB SITE.
1. Acceptance of Terms. This web site ("Web Site") is provided by Diamant Entertainment Group, LLC. ("Diamant",
"we," "our," or "Company"). Your use of this Web Site is subject to the following Terms of Use ("Terms of Use"). By
accessing and using the Web Site or downloading materials from the Web Site, you accept and agree to, without
limitation or qualification, these Terms of Use. Diamant reserves the right, in its sole discretion, to modify, alter or
otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By
using this Web Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement
to be bound by any such changes. Please also review our Privacy Policy.
2. General. By accessing or linking to this Web Site, you assume the risk that this Web Site and all of the content it
contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides,
photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos,
domain names, trade names, service marks and any and all copyrightable material (including source and object
code) and/or any other form of intellectual property (collectively, the "Content") on this Web Site may be incomplete,
inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue,
remove or suspend any of the Content at any time, without notice to you and without liability. Diamant assumes no
obligation to update the Content.
3. Equal Opportunity Employer. Diamant is an equal opportunity employer. Diamant recruits, employs, trains,
compensates and promotes regardless of race, religion, color, national origin, sex, disability, age (40 and over)
veteran status, and other protected status as required by applicable law.
4. Forward-Looking Statements. The information contained in (or accessible from) this Web Site may include
forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934. These forward-looking statements are not based on historical facts, but rather reflect
the Company's current expectations concerning future results and events. Similarly, statements that describe the
Company's objectives, plans or goals are or may be forward-looking statements. These forward-looking statements
involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the
actual results, performance or achievements of the Company to be different from any future results, performance and
achievements expressed or implied by these statements. These risks, uncertainties and other factors include, among
others: advertising market conditions worldwide; the public acceptance of the Company's movies, cable television,
digital services and other content; the impact of competition and technological developments in our industries and on
consumer behavior; the Company's ability to successfully launch its programming services to new and existing
distribution platforms; changes in laws and regulations applicable to the Company's businesses; the impact of piracy;
other domestic and global economic, business, competitive and/or regulatory factors affecting the Company's
businesses generally; and other factors described in the Company's news releases and filings with the Securities
and Exchange Commission, including, but not limited to, the Company's 2010 Annual Report on Form 10-K and
Quarterly Reports on Form 10-Q filed thereafter. The forward-looking statements included in this Web Site are made
only as of the date originally issued or indicated on the material and may no longer be accurate or complete, and,
under Section 27A of the Securities Act and Section 21E of the Exchange Act, the Company does not have any
obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
5. Trademarks, Copyrights and Restrictions. The Content is owned by Diamant; Diamant's subsidiaries, divisions,
affiliates, directors, officers, partners, employees, suppliers, licensors, agents, and assigns (collectively, the "Diamant
Affiliates"); or third parties, and are protected from unauthorized use, copying and dissemination by copyright,
trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the
Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any
Content in any manner without the prior written consent of a duly authorized employee of Diamant or such third party
that may own the Content displayed on the Web Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING,
DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING,
REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER
USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY
AUTHORIZED DIAMANT EMPLOYEE. As a user of the Web Site, you agree not to use the Content for any unlawful
purposes and not to violate Diamant's rights or the rights of others. Diamant reserves the right to object or otherwise
take action against any such use.
6. Disclaimers. THE WEB SITE, THE CONTENT, AND ALL E-MAILS SENT BY DIAMANT OR THE DIAMANT AFFILIATES
("E-MAILS") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, THIS WEB SITE, THE CONTENT,
AND THE E-MAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
DIAMANT AND THE DIAMANT AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED,
AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS,
STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE
WEB SITE, THE CONTENT, AND/OR THE E-MAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH
FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR
SOLE RISK AND THAT NEITHER DIAMANT NOR THE DIAMANT AFFILIATES GIVE TAX, LEGAL OR INVESTMENT
ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME,
DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE
OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY DIAMANT OR THE DIAMANT AFFILIATES.
DIAMANT AND THE DIAMANT AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER
REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS WEB SITE, THE
CONTENT, OR THE E-MAILS. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR
MALFUNCTION OF COMPUTER EQUIPMENT. DIAMANT DOES NOT WARRANT THAT THE CONTENT, THE WEB
SITE, OR THE E-MAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEB SITE, THE
CONTENT, OR THE E-MAILS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVERS THAT MAKE THE
WEB SITE AND/OR THE CONTENT AVAILABLE, AND THE E-MAILS ARE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS.
7. Limitations of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR
IN CONNECTION WITH THIS WEB SITE, THE CONTENT, THE E-MAILS, OR ANY ERRORS OR OMISSIONS IN THE
TECHNICAL OPERATION OF THE WEB SITE, THE CONTENT, OR THE E-MAILS, EVEN IF DIAMANT OR THE DIAMANT
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER CAUSED IN WHOLE OR IN
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO, THE WEB SITE, THE CONTENT, OR THE E-MAILS. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER
EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING,
UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER
MALFUNCTION.
IN NO EVENT WILL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR
INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES
WILL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION
WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW
THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
8. Indemnification. By accessing this Web Site, you agree to indemnify, defend and hold harmless Diamant, and the
Diamant Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, liabilities,
losses, damages, and all costs and expenses of defense (including reasonable attorneys' fees and court costs)
arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms of Use or any law;
(c) a claim by a third party that is based on your use of this Web Site and/or the Content; (d) Diamant and/or the
Diamant Affiliate's use of any information you provide; or (e) any misrepresentation made by you. You will cooperate as
fully and as reasonably required in Diamant's defense of any claim. You shall not in any event settle any matter without
the written consent of Diamant. We reserve the right to assume, at our sole expense, the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in
asserting any available defenses.
9. E-mails. The contents of an e-mail (including any attachments) that you receive from any system of Diamant or the
Diamant Affiliates are confidential to the sender and the intended recipient. The information contained in such e-mail
may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you
may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and
destroy all copies of the email in your possession. Please also reply to the sender and notify him or her that you have
received such e-mail in error. Any views or opinions expressed in an e-mail that you receive from any system of
Diamant or the Diamant Affiliates are solely those of the author of such email and do not necessarily represent those
of Diamant or its affiliates unless specifically stated. The content of an e-mail that you receive from any system of
Diamant or the Diamant Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a
binding obligation unless specifically stated. E-mail messages may contain computer viruses or other defects. It is
your responsibility to carry out appropriate virus and other checks to ensure that e-mail messages and attachments
do not damage your systems or data. E-mail messages may not be accurately replicated on other systems, or may be
modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be
aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the
web site, Diamant or the Diamant Affiliates any information. Neither Diamant nor any of the Diamant Affiliates are
responsible for any improper, untimely, or incomplete transmission. Please note that Diamant and the Diamant
Affiliates reserve the right to intercept, monitor, review and retain e-mail messages from external and internal sources
as permitted by applicable law.
10. Your Use Of The Web Site. When using the Web Site, you are prohibited from: (i) violating any law; (ii) violating any
right of Diamant or any third party, including, without limitation, intellectual property rights; (iii) uploading or transmitting
viruses, Trojan horses or other harmful, disruptive or destructive files or otherwise interfering with any third party's
uninterrupted use and enjoyment of the Web Site; and/or (iv) using or attempting to use another's information, account,
password, service or system except as expressly permitted.
11. Content You Submit to the Web Site. Please do not send unsolicited materials or other information to the Web Site,
Diamant, or the Diamant Affiliates ("User Submissions"). However, please be aware that all User Submissions
(except as otherwise described in our Privacy Policy) will be treated as non-confidential and non-proprietary and we
will not be liable for any use or disclosure. By sending User Submissions to the Web Site, Diamant, or the Diamant
Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third
parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. When you
send User Submissions to the Web Site, Diamant or the Diamant Affiliates, you irrevocably grant to Diamant and the
Diamant Affiliates a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and
interest in your User Submissions, including, without limitation, all patents, trademarks, service marks, trade names,
trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work
rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property
and proprietary rights whatsoever in your User Submissions. You further agree that Diamant and the Diamant
Affiliates will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you,
to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast,
post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional
purposes, any of your User Submissions or portions of your User Submissions, and your name, voice, likeness and
other identifying information, in any form, media, software or technology of any kind now known or developed in the
future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products
using such User Submissions. You hereby waive any moral rights you may have in and to any of your User
Submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and
understand that Diamant and Diamant Affiliates are not obligated to use your User Submissions, and may
alternatively choose to discard your User Submissions without any liability whatsoever.
12. Registration. Certain areas of the Web Site may require registration or may otherwise ask you to provide
information to participate in certain features or access certain Content. The decision to provide this information is
purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or
participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only
true, accurate, current and complete information on all registration pages. If you register with the Web Site, you agree
to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell,
transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality
of your password, if any, and for restricting access to your computer so that others may not access the password
protected portion of the Web Site using your name in whole or in part. Diamant reserves the right to terminate
membership and/or deny access to the Web Site to any person in its sole discretion.
13. Linking Policy and Links to Third Party Web Sites. If you link to this Web Site, we require that you follow these
guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Diamant
names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization
is sponsored by, endorsed by, affiliated and/or associated with Diamant. You agree that you will not link to the Web
Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that
contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise
inappropriate. Under no circumstances may you "frame" this Web Site or alter its Content in any way. Diamant
reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or
inconsistent with the Web Site and/or these Terms of Use.
This Web Site also contains links or references to other web sites maintained by third parties over which Diamant has
no control. Diamant is not responsible for the content or performance of other web sites to which this Web Site may be
linked or from which this Web Site may be accessed. Diamant makes no warranties or representations of any kind as
to the accuracy, currency, or completeness of any content or information contained in such web sites and shall have
no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party
link does not imply any endorsement or recommendation by Diamant.
14. Location/Governing Law. Diamant operates the Web Site in the United States. Information contained on the Web
Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where
the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on
your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Web
Site or export the Content in violation of U.S. export laws and regulations. These Terms of Use and your use of the
Web Site shall be construed, enforced, and governed in accordance with the laws of the United States of America and
the State of Ohio without regard to its conflicts of laws principles and will specifically not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any legal action or
proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction
sitting in Ohio within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the
cause shall be forever barred.
However, notwithstanding any other provision of this Terms of Use, you agree that in the event of any dispute between
the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the
development, production, launch, advertising, exhibition or exploitation of the Web Site or any film, television program,
show, web site, property, production or materials owned or controlled by Diamant or the Diamant Affiliates.
15. Miscellaneous. Diamant will determine your compliance with these Terms of Use in its sole discretion. Any
violation of these Terms of Use may result in restrictions on your access to all or part of the Web Site and may be
referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless
made in writing and signed by a duly authorized officer of Diamant. Diamant reserves the right to modify or discontinue
this Web Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access
to the Web Site, or upon demand by Diamant, you must destroy all materials obtained from this Web Site and all
related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be
unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable
without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section
titles in these Terms are for your convenience only and do not have any legal or contractual effect.
These Terms of Use were last updated on December 18, 2011.
IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. YOU AGREE TO
THESE TERMS OF USE BY ACCESSING THIS WEB SITE, REGISTERING FOR THIS WEB SITE, OR BY ACCEPTING
OR DOWNLOADING ANY INFORMATION AND CONTENT FROM THIS WEB SITE. IF YOU DO NOT AGREE TO BE
BOUND BY ALL THE TERMS SET FORTH BELOW, DO NOT USE THIS WEB SITE.
1. Acceptance of Terms. This web site ("Web Site") is provided by Diamant Entertainment Group, LLC. ("Diamant",
"we," "our," or "Company"). Your use of this Web Site is subject to the following Terms of Use ("Terms of Use"). By
accessing and using the Web Site or downloading materials from the Web Site, you accept and agree to, without
limitation or qualification, these Terms of Use. Diamant reserves the right, in its sole discretion, to modify, alter or
otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By
using this Web Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement
to be bound by any such changes. Please also review our Privacy Policy.
2. General. By accessing or linking to this Web Site, you assume the risk that this Web Site and all of the content it
contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides,
photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos,
domain names, trade names, service marks and any and all copyrightable material (including source and object
code) and/or any other form of intellectual property (collectively, the "Content") on this Web Site may be incomplete,
inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue,
remove or suspend any of the Content at any time, without notice to you and without liability. Diamant assumes no
obligation to update the Content.
3. Equal Opportunity Employer. Diamant is an equal opportunity employer. Diamant recruits, employs, trains,
compensates and promotes regardless of race, religion, color, national origin, sex, disability, age (40 and over)
veteran status, and other protected status as required by applicable law.
4. Forward-Looking Statements. The information contained in (or accessible from) this Web Site may include
forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934. These forward-looking statements are not based on historical facts, but rather reflect
the Company's current expectations concerning future results and events. Similarly, statements that describe the
Company's objectives, plans or goals are or may be forward-looking statements. These forward-looking statements
involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the
actual results, performance or achievements of the Company to be different from any future results, performance and
achievements expressed or implied by these statements. These risks, uncertainties and other factors include, among
others: advertising market conditions worldwide; the public acceptance of the Company's movies, cable television,
digital services and other content; the impact of competition and technological developments in our industries and on
consumer behavior; the Company's ability to successfully launch its programming services to new and existing
distribution platforms; changes in laws and regulations applicable to the Company's businesses; the impact of piracy;
other domestic and global economic, business, competitive and/or regulatory factors affecting the Company's
businesses generally; and other factors described in the Company's news releases and filings with the Securities
and Exchange Commission, including, but not limited to, the Company's 2010 Annual Report on Form 10-K and
Quarterly Reports on Form 10-Q filed thereafter. The forward-looking statements included in this Web Site are made
only as of the date originally issued or indicated on the material and may no longer be accurate or complete, and,
under Section 27A of the Securities Act and Section 21E of the Exchange Act, the Company does not have any
obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
5. Trademarks, Copyrights and Restrictions. The Content is owned by Diamant; Diamant's subsidiaries, divisions,
affiliates, directors, officers, partners, employees, suppliers, licensors, agents, and assigns (collectively, the "Diamant
Affiliates"); or third parties, and are protected from unauthorized use, copying and dissemination by copyright,
trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the
Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any
Content in any manner without the prior written consent of a duly authorized employee of Diamant or such third party
that may own the Content displayed on the Web Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING,
DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING,
REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER
USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY
AUTHORIZED DIAMANT EMPLOYEE. As a user of the Web Site, you agree not to use the Content for any unlawful
purposes and not to violate Diamant's rights or the rights of others. Diamant reserves the right to object or otherwise
take action against any such use.
6. Disclaimers. THE WEB SITE, THE CONTENT, AND ALL E-MAILS SENT BY DIAMANT OR THE DIAMANT AFFILIATES
("E-MAILS") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, THIS WEB SITE, THE CONTENT,
AND THE E-MAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
DIAMANT AND THE DIAMANT AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED,
AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS,
STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE
WEB SITE, THE CONTENT, AND/OR THE E-MAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH
FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR
SOLE RISK AND THAT NEITHER DIAMANT NOR THE DIAMANT AFFILIATES GIVE TAX, LEGAL OR INVESTMENT
ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME,
DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE
OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY DIAMANT OR THE DIAMANT AFFILIATES.
DIAMANT AND THE DIAMANT AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER
REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS WEB SITE, THE
CONTENT, OR THE E-MAILS. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR
MALFUNCTION OF COMPUTER EQUIPMENT. DIAMANT DOES NOT WARRANT THAT THE CONTENT, THE WEB
SITE, OR THE E-MAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEB SITE, THE
CONTENT, OR THE E-MAILS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVERS THAT MAKE THE
WEB SITE AND/OR THE CONTENT AVAILABLE, AND THE E-MAILS ARE FREE FROM VIRUSES OR OTHER
HARMFUL COMPONENTS.
7. Limitations of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR
IN CONNECTION WITH THIS WEB SITE, THE CONTENT, THE E-MAILS, OR ANY ERRORS OR OMISSIONS IN THE
TECHNICAL OPERATION OF THE WEB SITE, THE CONTENT, OR THE E-MAILS, EVEN IF DIAMANT OR THE DIAMANT
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER CAUSED IN WHOLE OR IN
PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO, THE WEB SITE, THE CONTENT, OR THE E-MAILS. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER
EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING,
UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER
MALFUNCTION.
IN NO EVENT WILL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR
INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES
WILL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION
WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW
THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
8. Indemnification. By accessing this Web Site, you agree to indemnify, defend and hold harmless Diamant, and the
Diamant Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, liabilities,
losses, damages, and all costs and expenses of defense (including reasonable attorneys' fees and court costs)
arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms of Use or any law;
(c) a claim by a third party that is based on your use of this Web Site and/or the Content; (d) Diamant and/or the
Diamant Affiliate's use of any information you provide; or (e) any misrepresentation made by you. You will cooperate as
fully and as reasonably required in Diamant's defense of any claim. You shall not in any event settle any matter without
the written consent of Diamant. We reserve the right to assume, at our sole expense, the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in
asserting any available defenses.
9. E-mails. The contents of an e-mail (including any attachments) that you receive from any system of Diamant or the
Diamant Affiliates are confidential to the sender and the intended recipient. The information contained in such e-mail
may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you
may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and
destroy all copies of the email in your possession. Please also reply to the sender and notify him or her that you have
received such e-mail in error. Any views or opinions expressed in an e-mail that you receive from any system of
Diamant or the Diamant Affiliates are solely those of the author of such email and do not necessarily represent those
of Diamant or its affiliates unless specifically stated. The content of an e-mail that you receive from any system of
Diamant or the Diamant Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a
binding obligation unless specifically stated. E-mail messages may contain computer viruses or other defects. It is
your responsibility to carry out appropriate virus and other checks to ensure that e-mail messages and attachments
do not damage your systems or data. E-mail messages may not be accurately replicated on other systems, or may be
modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be
aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the
web site, Diamant or the Diamant Affiliates any information. Neither Diamant nor any of the Diamant Affiliates are
responsible for any improper, untimely, or incomplete transmission. Please note that Diamant and the Diamant
Affiliates reserve the right to intercept, monitor, review and retain e-mail messages from external and internal sources
as permitted by applicable law.
10. Your Use Of The Web Site. When using the Web Site, you are prohibited from: (i) violating any law; (ii) violating any
right of Diamant or any third party, including, without limitation, intellectual property rights; (iii) uploading or transmitting
viruses, Trojan horses or other harmful, disruptive or destructive files or otherwise interfering with any third party's
uninterrupted use and enjoyment of the Web Site; and/or (iv) using or attempting to use another's information, account,
password, service or system except as expressly permitted.
11. Content You Submit to the Web Site. Please do not send unsolicited materials or other information to the Web Site,
Diamant, or the Diamant Affiliates ("User Submissions"). However, please be aware that all User Submissions
(except as otherwise described in our Privacy Policy) will be treated as non-confidential and non-proprietary and we
will not be liable for any use or disclosure. By sending User Submissions to the Web Site, Diamant, or the Diamant
Affiliates, you represent that such materials are accurate and original with you and do not violate the rights of any third
parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. When you
send User Submissions to the Web Site, Diamant or the Diamant Affiliates, you irrevocably grant to Diamant and the
Diamant Affiliates a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and
interest in your User Submissions, including, without limitation, all patents, trademarks, service marks, trade names,
trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work
rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property
and proprietary rights whatsoever in your User Submissions. You further agree that Diamant and the Diamant
Affiliates will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you,
to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast,
post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional
purposes, any of your User Submissions or portions of your User Submissions, and your name, voice, likeness and
other identifying information, in any form, media, software or technology of any kind now known or developed in the
future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products
using such User Submissions. You hereby waive any moral rights you may have in and to any of your User
Submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and
understand that Diamant and Diamant Affiliates are not obligated to use your User Submissions, and may
alternatively choose to discard your User Submissions without any liability whatsoever.
12. Registration. Certain areas of the Web Site may require registration or may otherwise ask you to provide
information to participate in certain features or access certain Content. The decision to provide this information is
purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or
participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only
true, accurate, current and complete information on all registration pages. If you register with the Web Site, you agree
to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell,
transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality
of your password, if any, and for restricting access to your computer so that others may not access the password
protected portion of the Web Site using your name in whole or in part. Diamant reserves the right to terminate
membership and/or deny access to the Web Site to any person in its sole discretion.
13. Linking Policy and Links to Third Party Web Sites. If you link to this Web Site, we require that you follow these
guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Diamant
names and/or intellectual property, nor may the link create the false appearance that your web site and/or organization
is sponsored by, endorsed by, affiliated and/or associated with Diamant. You agree that you will not link to the Web
Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that
contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise
inappropriate. Under no circumstances may you "frame" this Web Site or alter its Content in any way. Diamant
reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or
inconsistent with the Web Site and/or these Terms of Use.
This Web Site also contains links or references to other web sites maintained by third parties over which Diamant has
no control. Diamant is not responsible for the content or performance of other web sites to which this Web Site may be
linked or from which this Web Site may be accessed. Diamant makes no warranties or representations of any kind as
to the accuracy, currency, or completeness of any content or information contained in such web sites and shall have
no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party
link does not imply any endorsement or recommendation by Diamant.
14. Location/Governing Law. Diamant operates the Web Site in the United States. Information contained on the Web
Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where
the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on
your own initiative and you are solely responsible for compliance with applicable local laws. You may not use the Web
Site or export the Content in violation of U.S. export laws and regulations. These Terms of Use and your use of the
Web Site shall be construed, enforced, and governed in accordance with the laws of the United States of America and
the State of Ohio without regard to its conflicts of laws principles and will specifically not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any legal action or
proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction
sitting in Ohio within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the
cause shall be forever barred.
However, notwithstanding any other provision of this Terms of Use, you agree that in the event of any dispute between
the parties, the damages, if any, caused to you are not irreparable or sufficient to entitle you to enjoin or restrain the
development, production, launch, advertising, exhibition or exploitation of the Web Site or any film, television program,
show, web site, property, production or materials owned or controlled by Diamant or the Diamant Affiliates.
15. Miscellaneous. Diamant will determine your compliance with these Terms of Use in its sole discretion. Any
violation of these Terms of Use may result in restrictions on your access to all or part of the Web Site and may be
referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless
made in writing and signed by a duly authorized officer of Diamant. Diamant reserves the right to modify or discontinue
this Web Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access
to the Web Site, or upon demand by Diamant, you must destroy all materials obtained from this Web Site and all
related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be
unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable
without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section
titles in these Terms are for your convenience only and do not have any legal or contractual effect.
These Terms of Use were last updated on December 18, 2011.
| © 2012 Diamant Entertainment Group, LLC. All Rights Reserved. |
Company Overview
About the CEO
A Word from the CEO
Careers
Corporate Responsibility
Privacy Policy
Terms of Use
About the CEO
A Word from the CEO
Careers
Corporate Responsibility
Privacy Policy
Terms of Use
