Terms Of Use
1. General
Usage of this website and/or anything related to it (Hereinafter: "The Website") is subject to acceptance of all
terms & conditions set forth in this agreement in full.
Diamonds Bay and/or any person and/or entity related to it and/or on its behalf (Hereinafter: "The Company"
and/or "The Site`s Management") may transfer this agreement, and any right and/or obligation, to whomever
it chooses and in any way it seems fit.
This agreement represents the full, exclusive agreement by and between The Company and anyone using
(and/or viewing etc.) The Website and/or anyone in its behalf (Hereinafter: "The User"), and it supersedes
any former agreement between The Company and The User, if such agreement exists.
Wherever the user is addressed to as a male user, it is only done of convenience considerations, and anything
mentioned in this agreement shall apply to both male and female users.
The terms of this agreement shall only add to The Company`s rights according to any law,
and shall not harm them.
The titles of this agreement shall be used for convenience purposes only.
The Company`s failure to enforce any of the provisions of the Terms Of Use or exercise any of its rights,
will not be a waiver of such provisions or rights, and will not prevent The Company from enforcing any
of its rights.
2. Terms Of Use
Using The Website is allowed only to those who are at least 18 years old.
Using The Website is at The User`s full and exclusive responsibility. The User shall have no right for any claim,
demand, charge etc. against The Company for any reason.
Commercial use of any sort of The Website is strictly prohibited, except for The Company, unless explicitly
stated otherwise in this agreement.
Registration to The Website is allowed only once and only under one username. Entering and/or using
The Website shall be done only by the username you have registered with. The User hereby agrees not to
disclose his password to anyone and not to use any password other than his own.
Registration is allowed only by providing full and accurate details.
The Company reserves the right to refuse any registration and/or registration request, according to its full and
exclusive discretion.
Interfering with other user`s activity in The Website is strictly prohibited.
Using system and/or website resources in a way that is interfering with The Website`s performance and/or
services including, but not limited to, interfering with the servers, is strictly prohibited and may cause the
termination of the service to The User, according to The Company`s exclusive discretion.
It is not allowed to upload any picture to The Website other than the picture of the diamond offered by the user.
The Company shall not be responsible to any distortion of any file including, but not limited to, image or video,
and/or to the way it shall be displayed.
Using The Website and/or any information in it and/or derived from it for any commercial activity including,
but not limited to, spam, chain letters, gambling etc., is strictly prohibited.
Using The Website and/or any information in it and/or derived from it for any feud, dispute etc. is strictly
prohibited.
Uploading any material to The Website gives The Company the right to use & advertise the materials in any
way, according to its exclusive discretion, for free. A User uploading any material to The Website hereby
warrants that he is legally allowed to grant The Company any and all rights mentioned in this agreement,
and in this clause specifically. The Company has the right to delete, move etc. any and all uploaded material
according to its exclusive discretion.
The Website and/or the Terms Of Use shall in no way be deemed to constitute employer-employee
relationship, and/or agency, partnership, joint venture or any other similar relationship.
3. Payment
At the moment, using The Website shall not be subject to subscription fees. The Company reserves the
right to change that, with or without any prior notice, including, but not limited to, demanding any sort and
any kind of payment, for whatever reason, and at any time, according to its full and exclusive discretion.
The User or anyone else shall have no right and/or claim resulting from such change, and The Company shall
bear no responsibility to anything resulting from such change.
4. Illegal & Unauthorized Use
It is strictly prohibited to use and/or upload, in any method and by any means, any content which is illegal
and/or intended to be used in an illegal way and/or in a way which is in contradiction to the terms of this
agreement, and/or any content that may harm (including, but not limited to, harming The Website, any user,
any person, any entity, The Company or anyone on its behalf) (Hereinafter: "The Content") including, but not
limited to, any false, insulting, virus-infected, rude, racist, sexual, threatening, intrusive, copyrighted or
otherwise protected, illegal Content, and/or any Content that might encourage and/or assist others to perform,
illegal acts and/or acts that are contradicting to this agreement, and/or anything that might incur legal (or other)
responsibility. It is also prohibited to upload any information about any diamond which is offered for trade
and/or sale without stating the diamond`s price.
The User warrants that he will strictly and completely obey to all and any conditions set forth in this agreement
and/or anywhere else in The Website, and will indemnify and compensate The Company and/or anyone on its
behalf for any damage and/or loss and/or expense they shall incur, including, but not limited to, attorney`s fees
and reputation loss.
The Company has the right to remove any material and/or content according to its exclusive discretion.
Notwithstanding The Company`s right to check and/or remove content and/or material and/or information etc.,
The Company is not obligated to do so, and even if it will do so, it is not obligated to recognize any harmful
content and/or to remove any content at any time.
The Company shall not be liable to any content and/or to any result of any content.
Printouts of The Website or any part of , including, but not limited to, any information displayed in it,
is allowed for personal use only.
5. No-Responsibility
The information in The Website is not, and will not be, in any way, shape or form, any kind of consultation,
and is not a substitution to consulting with any and all relevant, professional consultation and/or any
professional training.
The content of The Website shall not be construed as encouraging to do any kind of activity or to avoid it,
and/or to do it in any specific way, means or method.
Acting according to and/or relaying on any kind of content, information etc. that is contained in The Website
shall be done on the full and exclusive responsibility of The User. The Company emphasizes that it is always
recommended to consult with a relevant expert in order to get the suited advice to each and every case.
Any transaction done with respect to The Website (whether such connection to The Website is direct,
indirect or other) shall create no responsibility to The Company and/or anyone on its behalf, including, but not
limited to, in regards to any payment or non-payment, any goods and services, any client and any provider.
The content of The Website may contain mistakes, errors, inaccuracies etc. Whomever that chooses to relay on
the content of The Website is doing it on its own full and exclusive responsibility.
The content uploaded to The Website by those who are not The Company was uploaded at the uploader`s full
and exclusive responsibility, and The Company shall have no responsibility regarding such content.
The Company and/or anyone on its behalf shall not be responsible and/or liable (In this agreement:
"responsibility"), in any case, to anything at all, including, but not limited to, information and/or content and/or
services, any damage, loss, discomfort, distress etc., whether direct or indirect, caused to The User and/or to
any third party, from any reason, and any and all consequences and results including, but not limited to,
physical damage, mental damage, damage to computers, loss of data, loss of profits, loss of income, related
to or resulting from using The Website, inability to use The Website, poor performance of The Website, and
all even if The Company or anyone on its behalf knew of the possibility of any loss, damage etc.
The Website, including, but not limited to, all of its content, the software, servers, contents that can be accessed
through The Website, etc., are given to The User AS IS. If you are not satisfied from The Website and/or from
its terms of use or from any part of it, the only remedy available to you under the terms of use is not using
The Website.
The Company shall not be responsible to any talkbacks, comments, actions, advertisements etc. Nonetheless,
The Company reserves the right to edit, remove or refuse to publish any information and/or content according to
its full and exclusive discretion.
The Company does not obligate that the services of The Website shall remain un-disturbed, safe and/or
without errors and mistakes, nor that they shall be proof from un-authorized access of any sort and/or faults,
damages and malfunctions to software, hardware, communication lines and systems, of The Company and/or
of any third party.
The User hereby declares that he knows The Website is operated by servers that are not under the control of
The Company, and that he knows The Company cannot secure the systems full and complete security,
including but not limited to, information & communication systems, and that the company shall not be
responsible, whether directly or indirectly, including, but not limited to, any case of any information being
exposed and/or used including, but not limited to, information given by The User.
The Company does not obligate that details and/or information published in The Website shall be full, accurate
and/or correct, or that they will suit your expectations, needs and/or demands.
6. Copyrights and Intellectual Property
It is prohibited to publish, upload etc. (In this agreement : "Publish") any copyrighted contents in The Website,
unless the rights are fully, completely and exclusively owned by The Publisher, and there is no prevention
whatsoever – whether by law, by contract or from any other reason – to publish the content.
All the contents of The Website and/or content related to The Website, including, but not limited to,
the software, the designs, advertisements, newsletters and The Website itself, are protected by every and any
law including, but not limited to, Intellectual Property laws, and are protected by any and every relevant right
such as patents, copyrights, designs, trade secrets and trademarks.
In addition to the above and any law and right and without limiting them, it is forbidden to make changes,
to copy, distribute, transmit, broadcast, perform, publish, make derivative work, license and/or sell any of the
contents of The Website and/or content related to The Website, or any part of it, without having
The Company`s prior written, explicit consent, and only according to such consent.
By Publishing any content The Publisher allows The Company:
I. To use, change, copy, distribute, broadcast, display, duplicate, advertise, create derivative works,
transfer or sell any such Publication.
II. To grant license to any third party that will include the abovementioned rights.
The above includes the right to use any abovementioned right, including, but not limited to, exclusive rights,
copyrights, trademark rights, service mark rights, patent rights etc., in any relevant jurisdiction.
7. Limitation of Access
The Company reserves the right to refuse and/or cancel and/or limit anyone`s access, at any time, and for
any reason, to any content and/or any part of The Website, according to its full and exclusive discretion,
and without any prior notice.
8. Changing and Cancelling the Services
The Company reserves the right to change and/or cancel, at any time, and for any reason, The Website
and/or any part of it, including but not limited to, any service, according to its full and exclusive discretion,
and without any prior notice.
Such changes might involve faults and/or problems and/or inconveniences etc., and The User shall have no
claim and/or demand etc. resulting from the above.
In any case of changing and/or cancelling The Website and/or any part of it, The Company will not be
obligated to keep and/or save any information and/or content, and it will be allowed to delete them
without making any backup.
9. Changing the Terms Of Use
The Company reserves the right to change, at any time, and for any reason, the Terms Of Use and/or any
part of it, according to its full and exclusive discretion, and without any prior notice. The Company will inform
registered users of such changes by e-mail after they have been made. Entering The Website constitutes
consent to the Terms Of Use as they are in this agreement and after any change.
10. Privacy & Using personal details
The Company reserves the right to reveal, at any time, any information it may be required to, including,
but not limited to, your personal details, in order to comply with any law, decision of court or of any other
relevant authorized entity, and/or in any case it (and/or anyone on its behalf) may be facing any claim
and/or suit.
The User hereby acknowledges that The Website is in the form of public communication, and therefore his
information, including – but not limited to – personal information, might be viewed and used by others
without his knowledge and/or confirmation and/or consent.
The Company reserves the right to use your personal details in order to contact you, adjust The Website to
your needs and preferences, and improve the services it offers.
The Company and/or anyone on its behalf reserves the right to present to The User commercials of any
kind and in any way.
The Company reserves the right to use The User’s details and/or information, including, but not limited to,
information The Company may collect of The User’s patterns of use, in order to improve the services it offers,
contact The User and/or analyze and deliver statistical information to third parties including, but not limited
to, advertisers. The Company reserves the right to prevent access to The Website from a User that does
not want to receive commercial information.
The Company is not and shall not be responsible for any commercial and/or service and/or product etc.,
and/or to their contents. Any complaint and/or claim and/or suit in such matters needs to be sent to the
advertising and/or publishing entity.
The details and/or information given in the Website (including, but not limited to, in any contact with
The Company and/or anyone on its behalf) might be exposed to all internet users, and The Company shall
not be responsible to any use of details and/or information done by any third party.
11. Backup & Deleting information
Any information and/or service published in The Website might be deleted. The Company does not obligate,
therefore, that any information published will continue to be published.
The Company is not obligated to backup the information in The Website, but reserves the right to do so.
Even if The Company did backup any or all information, it reserves the right to stop doing so.
12. Technical Support
The Company will offer technical support by e-mail or by any other means according to its full and
exclusive discretion.
13. Compensations and Indemnification
The User shall compensate and indemnify The Company, its employees, managers, directors and/or anyone
on its behalf for any damage, loss, payment, expense etc., whether direct or indirect, whether intentional
or unintentional, financial or other, including, but not limited to, due to a breach of the Terms Of Use
Agreement.
14. Information and Contents on the Internet
This website contains links to other websites. The Company does not bear any responsibility to any content
of any website, including, but not limited to, the content of this website. Having said links on The Website
is not an affirmation by The Company of their contents.
The Company does not obligate that any and/or all links shall be intact.
The Company reserves the right to delete links and/or not to add any link, according to its full and
exclusive discretion.
Having said links on The Website does not mean that the information and/or services and/or products on said
links is full, reliable, trustworthy or updated.
The Company shall not be liable to any damage, whether direct or indirect, financial or other, caused as a
result of using The Website and/or relaying on the information on The Website, and/or any other website.
The Company advises to refer to any information on the internet with caution, including, but not limited to,
information displayed in The Website.
Any recommendation and/or description of other websites, appearing on The Website, shall not be used
against The Company.
The User acknowledges that communication of information to and from The Website is not confidential.
15. Purchasing, Commercial Information and Advertisements
The Company shall not be liable to the contents of the advertisements and commercial information and/or
any other information published in and/or by The Website.
Publishing of any advertisement and/or any information does not constitute a recommendation to use
and/or purchase the services and/or products described in it.
Any transaction done pursuant to any information and/or advertisement published in The Website shall be
done between The User and the relevant advertiser and/or Publisher, and The Company and/or anyone on
its behalf shall bear no responsibility about it.
16. Governing Law & Jurisdiction
The User hereby acknowledges that this Terms Of Use Agreement and everything related to it and/or to the
use of The Website and/or all aspects of the relationship between The User and The Company (and/or
anyone on their behalf) shall be governed and construed in accordance with the laws of the state of Israel,
and that the courts (and/or arbitrators and/or mediators, according to this agreement) of the state of Israel
shall have the exclusive and sole Jurisdiction regarding all of the above.
In case any judicial or any other relevant authorized entity shall determine any part of this agreement shall
not be valid and/or enforceable for any reason, then any such part shall be deemed to have been replaced
with valid and enforceable parts whose content is as close as possible and in the best accordance as
possible with the original parts, and all other parts and provisions of this agreement shall remain valid.
All disputes between the parties arising out of or in connection with The Website and/or the Terms Of Use or
its implementations that were not resolved between the parties under the terms of this Terms Of Use
Agreement, including (but not limited to) any question regarding its existence, validity, performance
enforceability or termination, will be arbitrated by an arbitrator who shall be appointed by the Arbitration
Institute of the Israeli Bar Association (Hereinafter: "The Arbitrator").
The arbitration will be subject to the provisions of the Israeli Arbitration Act, 1968, the regulations legislated
according to it, and to the rules of the Arbitration Institute of the Israeli Bar Association.
Appeals to the arbitration ruling will be allowed under the provisions of section 21A of the Israeli Arbitration
Act, 1968, and the supplements to the Israeli Arbitration Act, 1968 .
This Agreement constitutes an arbitration bill between the parties of this agreement, including the estate
of each of them, and by using The Website it shall be deemed as if the parties signed an irrevocable
arbitration bill & irrevocable commitment to arbitrate before The Arbitrator with the other party and/or
his estate.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be Tel-Aviv, Israel.
The language to be used in the arbitral proceedings shall be Hebrew.
The governing law of the Terms Of Use shall be the law of Israel.
Using this website in jurisdictions that do not grant full validation to all that is mentioned in this agreement
is forbidden.
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Diamonds Bay strives to provide high-quality, accurate and reliable information. However, since we are merely a link between suppliers and consumers, we cannot be held responsible for the authenticity or validity of any information displayed on the site by either Diamonds Bay or its users.
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