1. Introduction
SeaWaveDiamonds.com, including
subsidiaries and affiliates ("SeaWaveDiamonds.com" or
"we" or "us" or "our") provides the information
contained on SeaWaveDiamonds.com, or any of the pages comprising the SeaWaveDiamonds.com,
to visitors and customers (cumulatively referred to as "you" or
"your" hereinafter) subject to the terms and conditions set out in
these website terms and conditions, the privacy policy and any other relevant
terms and conditions, policies and notices which may be applicable to a
specific section or module of this website.
2. Information on the Website
Whilst every effort is made to update the information
contained on SeaWaveDiamonds.com, neither SeaWaveDiamonds' Owner nor any third
party or data or content provider make any representations or warranties,
whether express, implied in law or residual, as to the sequence, accuracy,
completeness or reliability of information, opinions, any share price
information, model information, data and/or content contained on SeaWaveDiamonds.com
(including but not limited to any information which may be provided by any
third party or data or content providers) ("information") and shall
not be bound in any manner by any information contained on the website. SeaWaveDiamonds.com
reserves the right at any time to change or discontinue without notice, any
aspect or feature of this website. You and your company rely on the information
contained on this website at your own risk. If you find an error or omission at
SeaWaveDiamonds.com, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks
(collectively "trademarks") displayed on SeaWaveDiamonds.com are
registered and unregistered trademarks of the Website Owner. Nothing contained
on this website should be construed as granting any license or right to use any
trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience,
but they are beyond the control of the Website Owner and no representation is
made as to their content. Use or reliance on any external links and the content
thereon provided is at your own risk. When visiting external links you must
refer to that external websites terms and conditions of use. No hypertext links
shall be created from any website controlled by you or otherwise to this
website without the express prior written permission of the Website Owner.
Please contact us if you would like to link to this website or would like to
request a link to your website.
5. Public Forums and User
Submissions
SeaWaveDiamonds.com is not responsible for any
material submitted to the public areas by you (which include bulletin boards,
hosted pages, chat rooms, or any other public area found on the website. Any
material (whether submitted by you or any other user) is not endorsed, reviewed
or approved by SeaWaveDiamonds.com. SeaWaveDiamonds.com reserves the right to
remove any material submitted or posted by you in the public areas, without
notice to you, if it becomes aware and determines, in its sole and absolute discretion
that you are or there is the likelihood that you may, including but not limited
to -
5.1 Defame, abuse, harass, stalk, threaten or
otherwise violate the rights of other users or any third parties;
5.2 Publish, post, distribute or disseminate any
defamatory, obscene, indecent or unlawful material or information;
5.3 Post or upload files that contain viruses,
corrupted files or any other similar software or programs that may damage the
operation of the Website Owner's and/or a third party's computer system and/or
network;
5.4 Violate any copyright, trade mark, other
applicable State of New Jersey or international laws or intellectual property
rights of the SeaWaveDiamonds.com, or any other third party;
5.5 Submit contents containing marketing or
promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or
post any message or material that is unlawful, harassing, defamatory, abusive,
indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially
offensive, profane, pornographic or violates any applicable law and you hereby
indemnify the Website Owner against any loss, liability, damage or expense of
whatever nature which the Website Owner or any third party may suffer which is
caused by or attributable to, whether directly or indirectly, your use of the
website to send or post any such message or material.
7. Disclaimer of Warranty
SeaWaveDiamonds.com makes no warranties,
representations, statements or guarantees (whether express, implied in law or
residual) regarding the website, the information contained on the website, you
or your company's personal information or material and information transmitted
over our system.
8. Disclaimer of Liability.
SeaWaveDiamonds.com shall not be responsible for and
disclaims all liability for any loss, liability, damage (whether direct,
indirect or consequential), personal injury or expense of any nature whatsoever
which may be suffered by you or any third party (including your company), as a
result of or which may be attributable, directly or indirectly, to your access
and use of the website, any information contained on SeaWaveDiamonds.com, you
or your company's personal information or material and information transmitted
over our system. In particular, neither the Website Owner nor any third party
or data or content provider shall be liable in any way to you or to any other
person, firm or corporation whatsoever for any loss, liability, damage (whether
direct or consequential), personal injury or expense of any nature whatsoever
arising from any delays, inaccuracies, errors in, or omission of any share
price information or the transmission thereof, or for any actions taken in
reliance thereon or occasioned thereby or by reason of non-performance or
interruption, or termination thereof.
9. Use of the Website.
SeaWaveDiamonds.com does not make any warranty or
representation that information on the website is appropriate for use in any
jurisdiction (other than United States). By accessing the website, you warrant
and represent to SeaWaveDiamonds.com that you are legally entitled to do so and
to make use of information made available via the website.
10. General
10.1 Entire Agreement.
SeaWaveDiamonds.com terms and conditions constitute
the sole record of the agreement between you and SeaWaveDiamonds.com in
relation to your use of the website. Neither you nor SeaWaveDiamonds.com shall
be bound by any express tacit nor implied representation, warranty, promise or
the like not recorded herein. Unless otherwise specifically stated these
website terms and conditions supersede and replace all prior commitments,
undertakings or representations, whether written or oral, between you and SeaWaveDiamonds.com
in respect of your use of the website.
10.2 Alteration
SeaWaveDiamonds.com may at any time modify any
relevant terms and conditions, policies or notices. You acknowledge that by
visiting the website from time to time, you shall become bound to the current
version of the relevant terms and conditions and, unless stated in the current
version, all previous versions shall be superseded by the current version. You
shall be responsible for reviewing the then current version each time you visit
the website.
10.3 Conflict.
Where any conflict or contradiction appears between
the provisions of these website terms and conditions and any other relevant
terms and conditions, policies or notices, the other relevant terms and
conditions, policies or notices which relate specifically to a particular
section or module of the website shall prevail in respect of your use of the
relevant section or module of the website.
10.4 Waiver.
No indulgence or extension of time which either you or
SeaWaveDiamonds.com may grant to the other will constitute a waiver of or,
whether by estoppels or otherwise, limit any of the existing or future rights
of the grantor in terms hereof, save in the event or to the extent that the
grantor has signed a written document expressly waiving or limiting such
rights.
10.5 Cession.
SeaWaveDiamonds.com shall be entitled to cede, assign
and delegate all or any of its rights and obligations in terms of any relevant
terms and conditions, policies and notices to any third party.
10.6 Severability.
All provisions of any relevant terms and conditions,
policies and notices are, notwithstanding the manner in which they have been
grouped together or linked grammatically, severable from each other. Any
provision of any relevant terms and conditions, policies and notices, which is
or becomes unenforceable in any jurisdiction, whether due to voidness,
invalidity, illegality, unlawfulness or for any reason whatever, shall, in such
jurisdiction only and only to the extent that it is so unenforceable, be
treated as pro non script and the remaining provisions of any relevant terms
and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and
notices shall be governed by and construed in accordance with the laws of State
of New York without giving effect to any principles of conflict of law. You
hereby consent to the exclusive jurisdiction of the High Court of State of New
York in respect of any disputes arising in connection with the website, or any
relevant terms and conditions, policies and notices or any matter related to or
in connection therewith.
10.8 Comments or Questions.
If you have any questions, comments or concerns
arising from the website, the privacy policy or any other relevant terms and
conditions, policies and notices or the way in which we are handling your
personal information please contact us.