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TERMS OF USE

Your use of the web sites on which these terms reside (including, without limitation, versions of such websites optimized for mobile) (collectively, the "Site"), and the content and services at this Site are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by THE DIVA DIAMOND EComm, LLC (or "THE DIVA DIAMOND"). By accessing this Site in any way, including, without limitation, browsing this Site, using any services, and/or submitting information to THE DIVA DIAMOND, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Maryland law.

The terms "we," "us" and "our" refer to THE DIVA DIAMOND and any of our affiliated companies as appropriate to the context. "You" refers to any person accessing and/or using the Site.

THE DIVA DIAMOND Content

Content on this Site that is provided by THE DIVA DIAMOND or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("THE DIVA DIAMOND Content") is the property of THE DIVA DIAMOND and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any THE DIVA DIAMOND Content.

You agree not to download, display or use any THE DIVA DIAMOND Content located on the Site for any commercial or non-commercial purpose, in connection with products or services that are not those of THE DIVA DIAMOND, in any other manner that is likely to cause confusion among consumers, that disparages or discredits THE DIVA DIAMOND and/or its licensors, that dilutes the strength of THE DIVA DIAMOND's or its licensor's property, or that otherwise infringes THE DIVA DIAMOND's or its licensors intellectual property rights. You further agree to in no other way misuse any THE DIVA DIAMOND Content that appears on this Site.

Use of the Site and Posting Policy

The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by THE DIVA DIAMOND in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by THE DIVA DIAMOND in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Site; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.

From time to time on certain areas of our Site you may be able to submit product reviews, questions, written posts/responses, images, and certain other materials ("User Content"). By using these features, you agree that you will not submit or post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by THE DIVA DIAMOND; that you will not submit or post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or includes anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of THE DIVA DIAMOND, or misrepresent an affiliation with another person or organization; and that you will not submit or post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.

You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site, your User Content, or other features therein. THE DIVA DIAMOND may cancel your account and delete all User Content associated with your account at any time, and without notice, if THE DIVA DIAMOND deems that you have violated these Terms, the law, or for any other reason. THE DIVA DIAMOND assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, THE DIVA DIAMOND reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

By displaying, publishing, submitting or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to THE DIVA DIAMOND a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Site in favor of THE DIVA DIAMOND. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, software or other computer programs.