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DIAMOND BOOKS, TERMS OF USE.

Last Updated: May 12, 2018


PRIVATE FOR INVITED USERS ONLY!!!

This resource is private for invated users. If you've not been invited by email or for any reason you don't have an invitation email or you accidentally got here, please leave this resource immediately! Otherwise, you are responsible for illegal use of this resource.
*We offer you, from time to time, check if the service become to fully public use.

BY CLICKING "Login with Facebook" OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES (INCLUDING THE LICENSES, PUBLIC DOMAIN TOOLS, AND CHOOSERS), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS TERMS OF USE. By clicking "Login with Facebook" or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms of Use on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms of Use, you are not authorized to use any Services.

1. TERMS OF USE

1.1.

DIAMOND BOOKS, LLC, a DIAMOND BOOKS Limited Liability Company doing business as DIAMOND BOOKS, provides a proprietary authoring system ("Services") that enables our customers (i.e. Users or You), to choose and assemble text and graphics to create personalized books (i.e. "Book Products") worthy of sharing with people who matter.

1.2.

Users utilize the Services to combine certain proprietary images, formatting, fonts, drawings, page layouts, design elements and other materials provided by DIAMOND BOOKS with custom verbiage and additional elements they introduce to create print ready content (the "Book Content") that DIAMOND BOOKS integrates into professionally printed and manufactured books ready for shipping to recipients.

1.3.

This Terms of Use and Privacy Policy applies to everyone who accesses the Services to create Book Content to be incorporated into Book Products.

1.4.

Users who create or access a DIAMOND BOOKS account and use the Services confirm their agreement to these Terms of Use, confirm that they are of sufficient age and authority to enter into a legally binding agreement in their jurisdiction, and further confirm that they are the owner of their Book account or are otherwise authorized to use a Book account and accept these Terms of Use on behalf of the account's owner.

1.5.

In order to use the Service, you need to

1.5.1.

be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms,

1.5.2.

have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and

1.5.3.

be resident in the Local Country.

1.6.

Users also warrant that any registration information that you submit to DIAMOND BOOKS is true, accurate and complete, and agree to keep it that way at all times.

1.7.

We recommend that all users review the Terms of Use frequently, with the understanding that DIAMOND BOOKS may update these terms from time to time.

2. TERMS OF USE OF OUR SITE

2.1.

Users may access and use our Site solely for their personal, noncommercial use. Except as expressly authorized hereunder, our Site may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization.

2.2.

We reserve the right to alter or discontinue our Site in whole or in part, at any time in our sole discretion.

2.3.

DIAMOND BOOKS reserves all rights in the Services and Book Content accessed or assembled through the Services, except for the rights it grants to users permitting them to obtain, reproduce and share customized Book Products, as governed by these Terms of Use.

2.4.

Authorization to use the Services is obtained by users when they provide information required to create DIAMOND BOOKS accounts.

2.5.

By creating or assembling Book Content using the Services, users specifically warrant that any content that they introduce does not:

  • infringe on the intellectual property rights of others;
  • infringe on the privacy rights of others;
  • violate applicable local, national or international law, institutional policies or community standards;
  • include malicious code or other content that may damage, intercept or otherwise compromise systems, programs or data;
  • cause injury to any person or entity.

2.6.

Users must further refrain from modifying, reverse engineering, copying, reselling or otherwise disseminating any component of the Services or Book Content, or causing or permitting such activities, without specific authorization from DIAMOND BOOKS, outside of permitted personal sharing of Book Products.

3. ACCOUNT REGISTRATION

3.1.

Registration of an account ("Account") is made through an Facebook account. After clicking "Login with Facebook" and automatically creating your Account, you will be considered as a "User".

3.2.

Your Account will be associated with your Facebook account.

3.3.

Registration fee is not charged on the Site.

3.4.

After registration Users agrees that:

  • They will not pass their account for someone else or create multiple, false accounts.

4. CONFIDENTIALITY

4.1.

By performing the Registration, the User agrees to the processing of the personal data of www.diamondbooks.online

4.2.

The User agrees that the provided information will be transferred to third parties which acting on the basis of the contract with the DIAMOND BOOKS www.diamondbooks.online, in order to fulfill their obligations to the User.

4.3.

www.diamondbooks.online undertakes not to disclose the User's data indicated during the Registration on the Site and during the execution of the Order, to persons who are not related to the execution of the Order.

4.4.

The disclosure of information is not considered a violation of obligations in accordance with reasonable and applicable requirements of the law.

5. ORDERING BOOKS.

5.1.

As a User, you may order a Book Product through the Site.

5.2.

When you make an order, you imagine that the Book Product ordered are for personal use only.

5.3.

You do not have the right to resell Books.

5.4.

Each Book Product will be designed according to your input to the options and instructions made available to you on the Site at the time of the Order.

6. COST AND PAYMENT.

6.1.

For each Order, price and delivery costs shall apply, as presented on the Site at the time of the Order.

6.2.

Notwithstanding, you may be responsible for additional fees that are not billed by DIAMOND BOOKS such as customs and import fees, your bank fees, etc.

7. THIRD-PARTY SITES AND SERVICES.

7.1.

Our Site may direct User to sites, software or services owned or operated by third parties. We have no control over and are not responsible for:

  • The content and operation of such software or services owned or operated by third parties.
  • The privacy or other practices of such software or services owned or operated by third parties.

7.2.

OTHER SITES MAY PROVIDE LINKS TO OUR SITE WITH OR WITHOUT OUR AUTHORIZATION. WE DO NOT ENDORSE SUCH SITES, AND ARE NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LINKS FROM THOSE SITES TO OUR SITE, ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH OTHER SITES, OR ANY LOSS OR DAMAGES INCURRED IN CONNECTION THEREWITH.

7.3.

THE USER AGREE THAT USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.

7.4.

In the case of ordering a printed version of the Book by the User, the file for printing is transferred to a third party.

7.5.

This file includes the information that it filled in to send the package.

7.6.

When the User clicks PUBLISH and/or SHARE of his book, it opens to public access.

8. SOCIAL MEDIA AND OTHER SERVICES.

8.1.

While using our Site, you have the option of granting us access to your account(s) with certain third-party social media, such as Facebook.

8.2.

Our Site can capture and make available on the Site the photos and other content that you have stored in your account(s) with such SNSs (“SNS Content”).

8.3.

By granting us access to your SNS Content, you understand that we will access, make available and store (if applicable) your SNS Content so that it is available on the Site.

8.4.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.

9. PROHIBITIONS RELATING TO THE PLACED CONTENT.

9.1.

The User when using the Site is prohibited to publish, post, upload, store, distribute, make available or otherwise use any information and materials of the following types:

9.1.1.

Indecent or vulgar materials containing pornographic and/or sexually explicit scenes (texts, images, audio or video), descriptions of unlawful acts of a sexual nature and other acts that are contrary to the norms of public morality;

9.1.2.

Violating the rights and legal interests of minors;

9.1.3.

Containing scenes of animal cruelty;

9.1.4.

Content or images actively advocating or disparaging the religious, political, or legal agenda of any person or entity, including but not limited to content or images designed to influence a specific piece of legislation;

9.1.5.

Partisan or political content or images, including but not limited to content or images supporting or opposing election;

9.1.6.

Content or images related to human reproduction or sexuality, including but not limited to content or images related to services or counseling with regard to pregnancy, abortion, or other sexual matter;

9.1.7.

Content or images that violate any living or deceased person’s privacy or publicity rights;

9.1.8.

Content or images depicting discrimination on the basis of race, gender, religion, nationality, disability, sexual or political orientation, or age;

9.1.9.

Content or images depicting profanity, nudity, or sexually explicit functions or materials;

9.1.10.

Content or images related to the sales of alcoholic beverages, tobacco or tobacco related products;

9.2.

Any materials submitted by Users, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Submitted Materials”) are subject to the following Terms of Use:

9.2.1.

You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our Book Products. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment.

9.3.

You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

9.4.

You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.

9.5.

In case of detection or complaint of other users for the presence of OFFENSIVE CONTENTS or for another reason, the site administration can block the account or any materials of the user.

9.6.

You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from:

9.6.1.

your violation of these Terms of Use, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law;

9.6.2.

your User Submitted Materials;

9.6.3.

your activities in connection with obtaining any products or services from us, or

9.6.4.

any activity related to access to or use of your account by you or any other person.

9.7.

If a User uploads his photos or any other content to our site, he confirms that he is the sole and full copyright owner of the intellectual property of this content.

9.8.

The User is solely responsible for all content that is uploaded to the Site or its entire content which we receive from Facebook.

10. INTELLECTUAL PROPERTY RIGHTS.

10.1.

DIAMOND BOOKS owns or otherwise controls the technology that enables Users to create books, as well as the library of proprietary graphic elements and illustrations that users access when creating Book Content.

10.2.

Copyright, Trademark and other relevant intellectual property rights apply to all functionality of the Services and to all DIAMOND BOOKS Content.

10.3.

When users create Book Content using the authoring functions of the Services, the resulting personalized material combines intellectual property owned by DIAMOND BOOKS with intellectual property created by the users, i.e. personalized text and graphics.

10.4.

By accessing the Services and assembling Book Content, users agree to assign ownership to DIAMOND BOOKS of any portion of the Book Content they have created, and understand that DIAMOND BOOKS will henceforth own and control all of the combined Book Content they have chosen, compiled and saved.

10.5.

DIAMOND BOOKS therefore reserves the right to integrate user-introduced or user-assembled Book Content, at its discretion, into its library of illustrations and graphic elements as well as into marketing materials or social media postings, but at all times will exclude User's personal information from such uses.

10.6.

When each User creates Book Content, whether or not they immediately purchase a printed Book Product based on Book Content they have saved, DIAMOND BOOKS will grant them a perpetual worldwide license to share the Book Content, limited to personal use of printed Books. This means that they can distribute one or more copies of books created and printed by Book to friends, family, partners or other personal contacts, solely for non commercial purposes. This license would include the right to request that Book retrieve a User's previously saved Book Content in order to print and deliver additional copies of Book Products.

10.7.

DIAMOND BOOKS cannot warrant that it will retain all Book Content data indefinitely, but will accommodate such requests whenever possible.

10.8.

In any event, Users may not offer for sale or commercially distribute Book Content, whether in printed Books or in any other electronic or physical format, without explicit permission from DIAMOND BOOKS.

11. DISCLAIMER OF WARRANTIES.

11.1.

TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE.

11.2.

User Submitted Materials that violate these Terms of Use may be removed from our Site; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests.

11.3.

We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Sites and Apps.

11.4.

We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

11.5.

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS OF USE, OUR PRODUCTS AND SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.

11.6.

WE AND OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

11.7.

CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS OF USE.

12. LIMITATION ON LIABILITY.

12.1.

At this time the platform is provided in the BETA version, in connection with this, failures are possible.

12.2.

And also due to the fact that each browser displays the information in different ways, there may be some minor differences between any of its User's Books in the browser and the printed version.

12.3.

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, DIAMOND BOOKS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIAMOND BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIAMOND BOOKS LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION.

13. NOTICE AND ELECTRONIC COMMUNICATIONS.

13.1.

The communications between User and DIAMOND BOOKS use electronic means. For contractual purposes, you

13.1.1.

consent to receive communications from DIAMOND BOOKS in an electronic form; and

13.1.2.

agree that all terms and conditions, agreements, notices, disclosures, and other communications that the foregoing does not affect your statutory rights.

13.2.

Notices must be deemed given 24 hours after an email is sent.

13.3.

Alternatively, legal notices may be given to the registered address. In such case, notice shall be deemed given three days after the date of mailing.

13.4.

For any questions, the User may be contacted us by e-mail: info@diamondbooks.online.

14. GOVERNING LAW AND JURISDICTION.

14.1.

Our Site is controlled and operated from the Ukraine. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of the Ukraine.

14.2.

The provision of the Services and any dispute or claim arising out of the provision of the Services is governed by the laws of the Ukraine.

14.3.

Any dispute or claim arising out of or in connection with the Services will be subject to the exclusive jurisdiction of the courts of the Ukraine.

15. MISCELLANEOUS.

15.1.

These Terms of Use are accepted upon your use of the Website or any of the Services or when you register to become a User.

15.2.

These Terms of Use, including the Privacy Policy which is incorporated by reference, constitute the final, complete and exclusive agreement between User and DIAMOND BOOKS regarding the subject matter hereof and supersedes and merges all prior discussions, correspondence, arrangements or understandings between the parties.

15.3.

This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

15.4.

If any provision of these Terms of Use is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect.

15.5.

The failure of DIAMOND BOOKS to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

15.6.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

15.7.

The parties of these Terms of Use have expressly required that the present Terms be drawn up in the English language.

15.8.

These Terms of Use are governed by and construed in accordance with the laws of the Ukraine, without regards to its conflict of law provisions.

15.9.

These Terms of Use are not assignable, transferable or sublicense able by you except with our prior written consent. These Terms of Use may not be modified or amended except as set forth in the introductory section of these Terms of Use.

15.10.

Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

16. TERMINATION.

16.1.

These Terms of Use shall remain in effect while you use the Services or are a User. You may end your membership by deleting your Account at any time.

16.2.

DIAMOND BOOKS MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE E‑MAIL ADDRESS IN YOUR ACCOUNT PROFILE.

16.3.

Even after termination for any reason, User will still be responsible for any Orders User had already placed, as well as their applicable fees and delivery provisions. User understands that termination of these Terms of Use and User's Account involves deletion of your profile information from our live databases as well as any Content that User uploaded to the Site. DIAMOND BOOKS will not be liable whatsoever to you for termination of User's Account or any related deletion of User's information.