VAN ZWAM TERMS & CONDITIONS

These terms and conditions apply to the Van Zwam website located at dvddiamonds.com, as well as all web pages that Van Zwam or its subsidiaries and affiliates, maintain (collectively “the Site”), which includes Van Zwam’s website, mobile applications and other software through which we describe our offerings and offer DVD discs and diamonds for sale. By using the Site, you agree to be bound by the Van Zwam Terms and Conditions and the Van Zwam Privacy Policy.

By using the Site, you also acknowledge that these Terms and Conditions, including the Privacy Policy referred to herein constitute an agreement between you and Van Zwam. Van Zwam reserves the right to change or to modify any of these Terms and Conditions or any policy or guidelines of the Site at any time, and in its sole discretion. Your continued use of the Site constitutes your consent to any and all updates or modifications, which unless otherwise provided, become effective upon posting.

 

Privacy Policy

Please refer to our Privacy Policy for information on how Van Zwam collects, uses, and stores personal information that relates to its clients.

 

Van Zwam Intellectual Property

All visitors to the Site, regardless of whether clients of Van Zwam, agree to respect Van Zwam’s intellectual property rights and rights in other intangible assets (the “Van Zwam Materials”). These rights include, but are not limited to, rights in and to logos, designs, text, pictures, the look and feel of the Site and webpages contained therein, computer graphics and code, data, and software. The rights may be protected by one or more of trade dress, copyright, patent, and trademark laws, as well as various other intellectual property rights and unfair competition laws. Van Zwam’s posting of its intellectual property to its Site does not transfer any of these rights to any client or third party.

Van Zwam has adopted a policy of terminating and barring, in appropriate circumstances and at Van Zwam’s sole discretion, Site users or account holders who are deemed to be repeat infringers of Van Zwam’s intellectual property rights. Van Zwam may also, in its sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe any intellectual property rights of others.

 

Use of the Site

You are granted a personal, limited, non-sub-licensable license to access and to use the Site and to copy electronically, and to print to hard copy, portions of the Van Zwam Materials for your informational, non-commercial and personal use only. Any use of the Site or the Van Zwam Materials other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication, or otherwise. Any license granted by Van Zwam is revocable at any time.

 

Third Party Content

Van Zwam may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Van Zwam does not monitor or have any control over any Third Party Content or third party sites. Van Zwam does not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. Van Zwam undertakes no responsibility to update or review any Third Party Content.

Advertisements and Promotions

Van Zwam may run advertisements and promotions from third parties on its Site. Van Zwam is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Van Zwam advertisers on the Site. You should review and consider all terms and conditions of any dealing with such third party advertisements and promotions prior to interacting with the applicable third party.

 

Opt-Out Procedures

If you receive promotional materials or other similar communications from us and wish not to continue to receive them, please either select “unsubscribe” on our subscription status page or click on the appropriate link at the bottom of any e-mail, and then enter the requested information to stop receiving electronic mail. In order to stop receiving other communications, please write to us at Defined Value Diamonds LLC, 10 West 46th St, Suite 1508 New York, NY 10036.

 

Communications from You

The content of any communications describing our products, our services, or the Site or ideas for additional offerings that you provide to us is non-confidential. Further, you waive any and all intellectual property rights in and to those communications and information related thereto, and Van Zwam will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise. Van Zwam, at its sole discretion, may use or omit the name that you submit in connection with such content. Further, you represent and warrant that: (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content that you supply will not violate any rights of or cause injury to any person or entity.

 

Indemnification

You agree to defend, indemnify and hold harmless Van Zwam, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any information or content you post, store or otherwise transmit on or through our Site or your use of our Site, including without limitation any actual or threatened suit, demand or claim made against Van Zwam and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the information or content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

 

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY VAN ZWAM, THIS SITE, THE CONTENT CONTAINED THEREIN AND THE PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “PRODUCTS AND SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VAN ZWAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN THE SITE. VAN ZWAM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN ITS SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. VAN ZWAM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitation of Liability

IN NO EVENT SHALL VAN ZWAM, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM VAN ZWAM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, REGARDLESS OF WHETHER RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VAN ZWAM’S RECORDS, PROGRAMS OR SERVICES.

 

Applicable Law and Venue

These Terms and Conditions and your use of the Site will be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Westchester County, New York. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of your use of the Site, any purchase from the Site, or these Terms and Conditions.

 

Modification and Notice

Van Zwam may modify these Terms and Conditions and any other policies on the Site at any time.  Van Zwam’s posting of the modified Terms and Conditions or policies on the Site will constitute sufficient notice of such modification.

 

Termination

Notwithstanding any of these Terms and Conditions, Van Zwam reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or to prevent your access to and use of the Site.

 

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Questions & Contact Information

If you have any questions, please do not hesitate to contact us at [email protected].