Blue Diamond Storage Service (the "Service") is a free computer online
service. It is accessible to you through a personal computer, or other
access device, at www.Blue Diamond Storage using a communications connection
(e.g., modem and telephone line). As part of our service, Blue Diamond Storage
will provide you information, including but not limited to, editorial
content, chat rooms, links to other Web sites and other computer services
that Blue Diamond Storage may decide to offer, subject to the terms
hereof. Upon notice published through the Service or otherwise, Blue Diamond Storage
may modify this Agreement at any time. You agree and continue to agree
to use the Blue Diamond Storage Service in a manner consistent with
all applicable laws and regulations and in accordance with the terms
and conditions set out below and in the "Rules of Conduct" that describe
conditions for use of Blue Diamond Storage chat rooms (collectively,
the "Terms of Service").
1. General Terms: By using the Service,
you agree to be legally bound and to abide by the Terms of Service,
just as if you had signed this Agreement. If you do not comply and/or
continue to comply with the Terms of Service, Blue Diamond Storage may
terminate your right to access the Public Areas of the Service. Public
Area(s) are those areas of the Service that are generally accessible
to other users, such as chat rooms, message boards and file uploads.
Blue Diamond Storage may discontinue or alter
any aspect of the Service, including, but not limited to, (i) restricting
the time of availability, (ii) restricting the availability and/or
scope of the Service for certain platforms (i.e., computer types and
operating systems), (iii) restricting the amount of use permitted,
and (iv) restricting or terminating any User's right to use the Service,
at Blue Diamond Storage sole discretion and without prior notice or
liability.
You are responsible for all charges (e.g.,
telephone) associated with connecting to the Service through an available
access number. You are also responsible for obtaining or providing
all telephone access lines, telephone and computer equipment (including
modem), or other access device, necessary to access the Service. You
further certify that you are an individual (e.g., not a corporation).
You acknowledge that the Service contains
information, software, photos, video, graphics, music, sounds or other
material (collectively, "Content") that are protected by copyrights,
trademarks, trade secrets or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and Blue Diamond Storage
owns a copyright in the selection, coordination, arrangement and enhancement
of such Content. You may not modify, publish, transmit, participate
in the transfer or sale, create derivative works, or in any way exploit,
any of the Content, in whole or in part. You may not upload, post,
reproduce or distribute Content protected by copyright, or other proprietary
right, without obtaining permission of the copyright owner. Blue Diamond Storage
and its logo are trademarks of High Desert-2000 Company. All other
trademarks appearing on the Service are trademarks of their respective
owners.
2. Public Area Rules: You will not engage
in any conduct that in the discretion of Blue Diamond Storage restricts
or inhibits any other person from using or enjoying the Service. You
agree to use the Service only for lawful purposes. You certify that
you are an individual (e.g., not a corporation) and at least eighteen
(18) years of age or have specific permission from a parent or legal
guardian to use the Service. You are prohibited from posting on or
transmitting through the Service any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, profane, hateful,
racially, ethnically or otherwise objectionable material of any kind,
including, but not limited to, any material which encourages conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or international
law.
Blue Diamond Storage may elect to electronically
monitor the Public Areas for adherence to the Terms of Service and
may disclose any Content, records or electronic communication of any
kind (i) to satisfy any law, regulation or authorized governmental
request, (ii) if such disclosure is necessary to operate the Blue Diamond Storage
Service, or (iii) to protect the rights or property of Blue Diamond Storage
or its partners.
Blue Diamond Storage reserves the right to
prohibit conduct, communication or Content which it deems in its discretion
to be harmful to individual users or other third-party rights, or
to violate any applicable law.
3. DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY: YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. Blue Diamond Storage's SERVICES ARE PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS,
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING
WITHOUT LIMITATION ANY Blue Diamond Storage SOFTWARE LICENSED TO YOU
AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, Blue Diamond Storage
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF
INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE
OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Blue Diamond Storage
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
NEITHER Blue Diamond Storage NOR ANY OF ITS
PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR
USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
THE SERVICE.
You agree to indemnify and hold Blue Diamond Storage,
its partners, agents, affiliates and content partners harmless from
any dispute which may arise from a breach of terms of this Agreement.
You agree to hold Blue Diamond Storage harmless from any claims and
expenses, including reasonable attorney's fees and court costs, related
to Customer's violation of this Agreement, including the Terms of
Service or any Content placed on the Service by you.
4. Miscellaneous: This Agreement shall
be construed and controlled by the laws of the State of Nevada. Further,
any dispute arising from the terms of this agreement or a breach of
this Agreement will be governed by the laws of the State of Nevada.
Customer agrees to personal jurisdiction by the state and federal
courts sitting in the State of Nevada.
This Agreement constitutes the entire agreement
between the parties with respect to the subject matter contained herein
and supersedes all previous and contemporaneous agreements, proposals
and communications, written or oral between Blue Diamond Storage representatives
and you. Blue Diamond Storage may amend or modify this Agreement or
impose new conditions at any time upon notice from Blue Diamond Storage
to Customer as published through the Service. Any use of the Service
by you after such notice shall be deemed to constitute acceptance
by you of such amendments, modifications or new conditions.
5. Refund Policy: NO REFUNDS!