- Acceptance of Terms.
- This Terms of Service document, (the “TOS”), is an agreement you
must accept in order to use Diamond’s Service (as defined below). The terms
“you” and “users” encompass all users. This document
describes both your rights and your obligations as part of using the Service. It
is important that you read it carefully because you will be legally bound to
these terms. Diamond Inc. (“Diamond” “we”
“us”) only provides its Service (as defined below) to you subject to
this TOS. By accepting this TOS or by accessing or using the Service, you agree
here by reference).
- If you are entering into this TOS on behalf of a company or other legal
entity, you represent that you have the authority to bind such entity to this
TOS. In that case, the terms “you” or “your” shall also
refer to such entity. If you do not have such authority, or if you do not agree
with this TOS, you may not use the Service. You acknowledge that this TOS is a
contract between you and Diamond, even though it is electronic and is not
physically signed by you and Diamond, and it governs your use of the
- As our business evolves, Diamond may change this TOS. If we make a material
change to the TOS, we will provide you with reasonable notice prior to the
changes either by emailing the email address associated with your account or by
posting a notice on the Site. You can review the most current version of the TOS
at any time by visiting this page. The revised terms and conditions will become
effective on the date set forth in our notice, and if you use the Service after
that date, your use will constitute acceptance of the revised terms and
conditions. If any change to this TOS is not acceptable to you, your only remedy
is to request we terminate your account through [email protected] and stop using the
- As part of the registration process, you will identify a user name (in the
form of an email address) and password for your account. You are responsible for
maintaining the confidentiality of your user name, password, and account and for
all activities that occur under your login or account.
- By accessing or using the Services, you affirm that you are at least 18 years
of age (or have reached the age of majority if that is not 18 years of age where
you live). You represent that you are fully able and competent to enter into and
comply with the terms and conditions in this TOS. The Service is not directed to
children under 13, so if you are under 13 years of age, you are not permitted to
access or use the Services. If we become aware that you are using the Service
even though you are under 13, we will deactivate your account.
- Description of Service. The “Service(s)” means (a) Diamond’s
data computation and storage service, as well as the website https://diamond.io (The “Site”), and (b) all
software (including the Software, as defined below), applications, data, text,
images, and other content made available by or on behalf of Diamond through any of
the foregoing, all pursuant to this TOS. The “Service” does not include
Your Data (as defined below) or any software application or service that is provided
by you or a third party, which you use in connection with the Service (each a
“Non-Diamond Product”). Any modifications and new features added to the
Service are also subject to this TOS. Diamond reserves the right to modify or
discontinue the Service or any feature or functionality thereof at any time without
notice to you. All rights, title and interest in and to the Service and its
components (including all intellectual property rights) will remain with and belong
exclusively to Diamond.
- Access and Use of the Service.
- You may access and use the Service only for lawful, authorized purposes and
you shall not misuse the Service in any manner (as determined by Diamond in its
sole discretion). See Section 6 for specific provisions outlining prohibited uses
of the Service. You shall comply with any codes of conduct, policies, storage
limitations, or other notices Diamond provides you or publishes in connection
with the Service from time to time, but if any of those policies materially
change the TOS, we will provide you with reasonable notice as provided in Section
1.C. above. You shall promptly notify Diamond if you learn of a security breach
related to the Service.
- Any software that may be made available by or on behalf of Diamond in
connection with the Service, including Diamond’s mobile and desktop
applications, (“Software”) contains proprietary and confidential
information that is protected by applicable intellectual property and other laws.
Subject to the terms and conditions of this TOS, Diamond only grants you a
personal, non-sublicensable and non-exclusive license to use the object code of
any Software solely in connection with the Service. Any rights not expressly
granted herein are reserved.
- You hereby agree to be bound by these terms, and acknowledge that violation
of Diamond’s TOS is grounds for termination of Your Account.
- Your Data Rights and Related Responsibilities.
- “Your Data” means any data and content you upload, post, transmit or
otherwise made available via the Services (which may include data you elect to
import from Non-Diamond Products you use). “Your Data” includes files you upload,
comments you make on files, profile information and anything else you enter or
upload into the Service. Diamond will make commercially reasonable efforts to
ensure that all facilities used to store and process Your Data meet a high
standard for security.
- In order for us to provide the Service to you, we require that you grant us
certain rights with respect to Your Data. For example, we need to be able to
transmit, store and copy Your Data in order to display it to you, to index it so
you are able to search it, to make backups to prevent data loss, and so on. Your
acceptance of this TOS gives us the permission to do so and grants us any such
rights necessary to provide the service to you, only for the purpose of providing
the service (and for no other purpose). This permission includes allowing us to
use third-party service providers in the operation and administration of the
Service and the rights granted to us are extended to these third parties to the
degree necessary in order for the Service to be provided.
- If you send us any feedback or suggestions regarding the Service, you grant
Diamond an unlimited, irrevocable, perpetual, free license to use any such
feedback or suggestions for any purpose without any obligation to you.
- You are solely responsible for your conduct, the content of Your Data, and
all communications with others while using the Services. We may choose to review
Your Data for compliance with our policies and guidelines, but you acknowledge
that Diamond has no obligation to monitor any information on the Services.
- Diamond may remove or disable any of Your Data, and/or terminate your
account, at any time if we believe, in our sole discretion, that you are in
violation of this TOS.
- We are not responsible for the accuracy, appropriateness, or legality of Your
Data or any other data shared with you or that you are otherwise able to access
using the Services. The Services provide features that allow you to share Your
Data and other materials with others or to make it public. Please consider
carefully what you allow to be shared or made public.
- No Fee During Beta. During the period that the Service is in beta we do not
intend to charge for the Service. It is currently anticipated that this beta period
will last at least until July 1, 2016.
- Representations and Warranties. You represent and warrant to Diamond that (i) you
have full power and authority to enter into this TOS; (ii) you own all Your Data or
have obtained all permissions, releases, rights or licenses required to engage in
your activities (and allow Diamond to perform its obligations) in connection with the
Services without obtaining any further releases or consents; (iii) Your Data and your
other activities in connection with the Service, and Diamond’s exercise of all
rights and license granted by you herein, do not and will not violate, infringe, or
misappropriate any third party’s copyright, trademark, right of privacy or
publicity, or other personal or proprietary right; (iv) Your Data does not contain
any matter that is unlawful; and (v) none of Your Data that you share or otherwise
make available to others through your use of the Service is defamatory, obscene,
threatening, abusive, tortious, offensive or harassing.
You also agree not to:
- share, post, transmit, or otherwise make available to others any of Your Data
that is threatening, abusive, harassing, tortious, defamatory, obscene, libelous,
invasive of another’s privacy, hate speech, or racially or ethnically
- use the Service to harm minors in any way;
- impersonate any person or entity, including, but not limited to, an Diamond
employee, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
- manipulate identifiers in order to disguise the origin of any of Your
- share, post, transmit, or otherwise make available to others any of Your Data
that you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment relationships
or under nondisclosure agreements);
- upload, post, transmit or otherwise make available any of Your Data in a
manner that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
- sublicense, resell, rent, lease, transfer or assign (except as permitted in
Section 16) the Service or its use, or offer the Service on a time share basis to
any third party;
- use the Service to share, post, transmit, or otherwise make available to
others any unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of
- use the Service to upload, post, transmit, or otherwise make available any
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
- act in a manner that negatively affects other users’ ability to use the
- interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service, including using any device or software;
- modify, adapt, or hack the Service, including by using any Diamond APIs
except through the apps and web pages that we provide, or otherwise attempt to
gain unauthorized access to the Service or its related systems or networks;
- intentionally or unintentionally violate any applicable local, state,
national or international law in connection with your use of the Service,
including, but not limited to, any data, privacy, or export control laws, any
regulations promulgated by the U.S. Securities and Exchange Commission, any rules
of any national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law;
- use the Service to provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the Immigration and
- use the Service to “stalk” or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of
the prohibited conduct and activities set forth above.
- You acknowledge that Diamond and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove any of Your
Data that is available as publicly visible content (“Public Content”)
via the Service. For example, we may choose to review Public Content posted using the
“Get Public Link” feature or other mechanism for sharing content outside
of your non-public channels for compliance with our policies and guidelines. If, for
instance, you upload files that do not belong to you and make these files available
publicly, we can delete or unshare those files. We may also review Your Data that is
foregoing, Diamond and its designees shall have the right to remove any of Your Data
that violates the TOS or is otherwise objectionable. You must evaluate, and bear all
risks associated with, the use of Your Data, including any reliance on the accuracy,
completeness, or usefulness of Your Data.
- You acknowledge, consent and agree that Diamond may access, preserve and disclose
your account information and Your Data if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to: (i)
comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of
Your Data violates the rights of third parties; (iv) respond to your requests for
customer service; or (v) protect the rights, property or personal safety of Diamond,
its users and the public. Diamond’s policies for responding to user data
requests from law enforcement entities and other third parties are described here.
- Term; Termination.
- This TOS will continue in full effect unless and until your account or this
TOS is terminated as described herein.
- You may terminate your account through an email to [email protected]. Termination of an account
irrevocably deletes your profile and content, including content that you have
shared with others or made public. If other users have copied your shared content
into their own accounts or out of our Service, those copies will not be deleted.
Your data may remain on our Service for up to 30 days after we process your
termination request, and may remain in our backups beyond that time.
- You may always deactivate your account through an email to [email protected]. Deactivation of an account
disables your access to the content associated with that account but does not
delete your profile or content. Content that you have shared with others will
still be accessible by the people with which you have shared it.
- We reserve the right to terminate the Service at any time for any reason,
with or without notice. Upon any termination of the Service, we will have no
obligation to maintain or provide Your Data; however, we will take commercially
reasonable efforts to give you notice of such termination and provide you access
to download Your Data for a reasonable period of time.
- Please see our privacy
policy for more information about the choices you have regarding Your
- Disclaimer of Warranties.
- The Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, or because of other causes beyond our
reasonable control, but Diamond shall use reasonable efforts to provide advance
notice of any material scheduled service disruption. Diamond will have no
liability to you for any unauthorized access or use of any of Your Data, or any
corruption, deletion, destruction or loss of any of Your Data.
- THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES
OF ANY KIND, AND DIAMOND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE THAT DIAMOND DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO
INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM DIAMOND OR THROUGH THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
- Limitation of Liability.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE) SHALL DIAMOND BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT
IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS
PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED
($100) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE
PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES,
AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER
INTO THIS TOS.
- Some jurisdictions do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, which means that
some of the above limitations may not apply to you. IN THESE JURISDICTIONS,
DIAMOND’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT We respect the intellectual property of others, and we ask our users to
do the same. We may, in appropriate circumstances and at our discretion, disable
and/or terminate the accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes copyright infringement, or
your intellectual property rights have been otherwise violated, please provide
Diamond’s Copyright Agent the following information: a. an electronic or
physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest; b. a description of the
copyrighted work or other intellectual property that you claim has been infringed; c.
a description of where the material that you claim is infringing is located on the
site; d. your address, telephone number, and email address; e. a statement by you
that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; f. a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf. Diamond’s Agent for Notice of
claims of copyright or other intellectual property infringement can be reached as
c/o Diamond Inc.
204 E 2nd Ave #342
San Mateo, CA 94401
By email: [email protected]
- Indemnification. You shall defend, indemnify, and hold harmless Diamond from and
against any claims, actions or demands, including without limitation reasonable legal
and accounting fees, arising or resulting from your breach of this TOS, any of Your
Data, or your use or misuse of the Service. Diamond shall provide notice to you of
any such claim, suit or demand. Diamond reserves the right to conduct the exclusive
defense and control of any matter that is subject to indemnification under this
section. In such case, you agree to cooperate with any reasonable requests assisting
Diamond’s defense of such matters.
- Enforceability. If any provision of this TOS is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent necessary
so that this TOS will otherwise remain in full force and effect and enforceable.
- Integration, Modification, and Authority. This TOS is the complete and exclusive
statement of the mutual understanding of the parties and supersedes and cancels all
previous written and oral agreements, communications and other understandings
relating to the subject matter of this TOS. All waivers and modifications to this TOS
must be in a writing signed by both parties that expressly by its terms modifies or
waives a provision of this TOS, except as otherwise provided herein. No agency,
partnership, joint venture, or employment is created as a result of this TOS and you
do not have any authority of any kind to bind Diamond in any respect whatsoever.
- Assignment. You may not assign this TOS without the prior written consent of
Diamond, except, if you are a company or other legal entity, you may assign this TOS
in connection with a merger, re-organization or acquisition of all or a substantial
portion of your assets by another company, but only upon 30-days prior notice to
Diamond. Diamond may assign or transfer this TOS, in whole or in part, without
- Notices. Except as otherwise set forth herein, all notices under this TOS will be
in writing and will be deemed to have been duly given when received, if personally
delivered; when receipt is electronically confirmed, if transmitted by facsimile or
email; the day after it is sent, if sent for next day delivery by recognized
overnight delivery service; and upon receipt, if sent by certified or registered
mail, return receipt requested.
- Choice of Law and Forum. The TOS and the relationship between the parties shall
be governed by the laws of the State of California without regard to its conflict of
- Waiver and Severability of Terms. The failure of Diamond to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right or