PLEASE READ THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) CAREFULLY AS IT FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND CHRISTALDIAMOND (“ChristalDiamond”, “we”, or “us”) owns and operates the website made available to you at http:// christaldiamondblog.com (the “Website”) and the Terms of Use governs your access to and use of the Website, including any products purchased through the Website (“Products”), and any other services made available through the Website (collectively, with the Products, and Website, the “Service” or “Services”).

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Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.  The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

 

PLEASE NOTE THAT The Terms are subject to change by ChristalDiamond in its sole discretion at any time.  When changes are made, ChristalDiamond will make a new copy of the Terms of Use available at the Website and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website.  We will also update the “Last Updated” date at the top of the Terms of Use.  If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services.  Otherwise, your continued use of the Website  and/or Services constitutes your acceptance of such change(s).  PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

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1. Third-Party Materials.  As a part of ChristalDiamond Properties, you may have access to materials that are hosted by another party.  You agree that it is impossible for ChristalDiamond to monitor such materials and that you access these materials at your own risk.
    

2. Registration.

   1. Registering Your Account.  In order to access certain features of ChristalDiamond Properties you may be required to become a Registered User.  For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website (“Account”).
       

   2. Registration Data.  In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least thirteen (16) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using ChristalDiamond Properties under the laws of the United Kingdom, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorised use of ChristalDiamond Properties by minors.  If you provide any information that is untrue, inaccurate, not current or incomplete, ChristalDiamond has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ChristalDiamond has the right to suspend or terminate your Account and refuse any and all current or future use of ChristalDiamond Properties (or any portion thereof).  You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree not to create an Account or use ChristalDiamond Properties if you have been previously removed by ChristalDiamond, or if you have been previously banned from any of ChristalDiamond Properties.
       

3. Responsibility for Content.

   1. Types of Content.  You acknowledge that all files, materials, data, text, audio, video, images or other content, including ChristalDiamond Properties (“Content”), is the sole responsibility of the party from whom such Content originated.  This means that you, and not ChristalDiamond, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through ChristalDiamond Properties (“Your Content”), and that you and other users of ChristalDiamond Properties, and not ChristalDiamond, are similarly responsible for all Content they Make Available through ChristalDiamond Properties (“User Content”).
       

   2. No Obligation to Pre-Screen Content. You acknowledge that ChristalDiamond has no obligation to pre-screen Content (including, but not limited to, User Content), although ChristalDiamond reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that ChristalDiamond pre-screens, refuses or removes any Content, you acknowledge that ChristalDiamond will do so for ChristalDiamond’s benefit, not yours.  Without limiting the foregoing, ChristalDiamond shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
       

4. Ownership.

   1. ChristalDiamond Properties.  Except with respect to any Content you may post and any content a user may post, you agree that ChristalDiamond and its suppliers own all rights, title and interest in ChristalDiamond Properties (including but not limited to, any titles, computer code, themes, objects, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and server software).  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or ChristalDiamond Properties.
       

   2. Trademarks. ChristalDiamond and other related graphics, logos, service marks and trade names used on or in connection with ChristalDiamond Properties or in connection with the Services are the trademarks of ChristalDiamond and may not be used without permission in connection with any third-party products or services.  Other trademarks, service marks and trade names that may appear on or in ChristalDiamond Properties are the property of their respective owners.
       

   3. Other Content.  Except with respect to any Content that you may post, you agree that you have no right or title in or to any Content that appears on or in ChristalDiamond Properties.
       

   4. License to Your Content.  You grant ChristalDiamond a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, any content you may post (in whole or in part) for the purposes of operating and providing ChristalDiamond Properties to you and to our other users.  Please remember that other users may search for, see, use, modify and reproduce any of the Content you may post that you submit to any “public” area of ChristalDiamond Properties.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in any content you may post, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not ChristalDiamond, are responsible for all of the Content you may post on or in ChristalDiamond Properties.
       

   5. Feedback.  You agree that submission of any ideas, suggestions, documents, and/or proposals to ChristalDiamond through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that ChristalDiamond has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.  You represent and warrant that you have all rights necessary to submit the Feedback.  You hereby grant to ChristalDiamond a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of ChristalDiamond Properties.
       

5. Third-Party Services.  ChristalDiamond Properties may contain affiliate links and other links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left ChristaDiamond Properties and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of ChristalDiamond. ChristalDiamond is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. ChristalDiamond provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. For more information about how we use affiliate links, please review our Affiliate Compensation Disclosure, available at christaldiamondblog.com/affiliate-disclosure
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6. Product Purchase Terms.

   1. Products. Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.
       

   2. Payments. We may change the amounts we charge for our Products and such changes are effective when we post the change on the applicable purchase page of our Site. You agree to pay all charges at the amounts in effect when such charges are incurred.  You must provide a valid credit, debit card (Visa, MasterCard, or any other accepted issuer) or other specified payment or financial mechanism (e.g. PayPal) (collectively, “Payment Provider”) as a condition to making any payments. Your Payment Provider agreement governs your use of the designated credit or debit card or other mechanism, and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities.  You hereby consent to provide and authorize ChristalDiamond and its service providers (including Wix, Inc. and any Payment Providers) to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms of Use, including personal, financial, credit card payment, and transaction information.
       

   3. Payment Information.  By providing your payment and financial information, you agree that ChristalDiamond, its service providers (e.g. Wix, Inc.), and any of their third party payment processors are authorised to immediately charge your account for all applicable fees and charges and that no additional notice or consent is required.  ChristalDiamond reserves the right at any time to change its prices and billing methods.  All information that you provide must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S), PAYMENT MEANS OR OTHER FINANCIAL INFORMATION THAT YOU PROVIDE.
       

   4. Taxes. If any Products or payments under these Terms of Use are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to ChristalDiamond, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify ChristalDiamond for any liability or expense we may incur in connection with such Sales Tax.  Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.  For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that ChristalDiamond is permitted to pass on to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
       

   5. Orders. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
       

   6. Cancellations. ChristalDiamond reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by ChristalDiamond, as a result of any mistake or error, including any mistaken pricing, description error, or other error. Although it is unlikely that ChristalDiamond would refuse to accept an order, ChristalDiamond reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or shipping information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) unavailability of a merchandise due to discontinuance or otherwise. If any Product is discontinued or otherwise becomes unavailable prior to delivery, ChristalDiamond reserves the right to cancel your order and provide you a refund for the amount paid for the Product. If this occurs, then ChristalDiamond will attempt to contact you so that you are aware of the situation. In order to protect the intellectual property rights of ChristalDiamond and its licensors and suppliers, any suspected resale of Products for personal and/or business profit is strictly prohibited. ChristalDiamond will not accept any order that is deemed to possess characteristics of reselling. ChristalDiamond reserves the right to cancel any subsequent order from a customer who has been suspected of reselling.
       

   7. Transfer of Risk and Title. Risk of loss of the Product passes to you on our delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. You agree that claims against a carrier for damage during shipping are your responsibility.
       

   8. Third Party Providers.  ChristalDiamond uses third parties to fulfill its Product orders.  By purchasing Products on the ChristalDiamond Properties, you agree to be bound by those third parties’ terms of use and privacy policies, and hereby consent and authorise ChristalDiamond to share any information and payment and shipping instructions you provide with such third-party service providers to the extent required to complete your transactions.
       

   9. Refund Policy.  ALL SALES ARE FINAL. ChristalDiamond does not accept returns, exchanges or refunds. Please note ChristalDiamond reserves the right to refuse all returns.
       

7. Disclaimer of Warranties and Conditions.

   1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CHRISTALDIAMOND PROPERTIES IS AT YOUR SOLE RISK, AND CHRISTALDIAMOND PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  CHRISTALDIAMOND PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE. 
       

      1. CHRISTALDIAMOND PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) CHRISTALDIAMOND PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF CHRISTALDIAMOND PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF CHRISTALDIAMOND PROPERTIES WILL BE ACCURATE OR RELIABLE.
          

      2. ANY CONTENT  ACCESSED THROUGH CHRSTALDIAMOND PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS CHRISTADIAMOND PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
          

      3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  CHRISTALDIAMOND MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
          

      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CHRISTALDIAMOND OR THROUGH CHRISTALDIAMOND PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
          

   2. No Liability for Content.  THE SERVICE CONTAINS OPINIONS AND VIEWS OF CHRISTALDIAMOND AND ITS USERS. CHRISTALDIAMOND DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, OR VERACITY OF ANY CONTENT POSTED BY CHRISTALDIAMOND OR ANY OF ITS USERS THAT ARE MADE AVAILABLE THROUGH THE SERVICE.
       

   3. Professional Advice Disclaimer.

      1. THE CONTENT AND INFORMATION LOCATED ON THE CHRISTALDIAMOND PROPERTIES ARE DESIGNED FOR EDUCATIONAL, INFORMATIONAL, AND ENTERTAINMENT PURPOSES ONLY AND IS NOT CONSTRUED TO BE ADVICE OF ANY KIND. YOU SHOULD NOT RELY ON INFORMATION AVAILABLE IN OR VIA THE CHRISTALDIAMOND PROPERTIES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING MEDICAL ADVICE. YOU MUST NOT RELY ON ANY OF THE CONTENT AND INFORMATION FOR ANY PURPOSES WHATSOEVER, AND YOU MUST SEEK YOUR OWN INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON OR OTHERWISE DECIDING TO TAKE ANY ACTION ON THE BASIS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES.
          

      2. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION OR CONTENT AVAILABLE ON THE CHRISTALDIAMOND PROPERTIES. THE USE OF INFORMATION AND CONTENT PROVIDED THROUGH THE CHRISTALDIAMOND PROPERTIES IS SOLELY AT YOUR OWN RISK.
          

      3. NOTHING STATED OR POSTED ON THE CHRISTALDIAMOND PROPERTIES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
          

      4. THE CHRISTALDIAMOND PROPERTIES ARE CONTINUALLY UNDER DEVELOPMENT AND CHRISTALDIAMOND MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
          

8. Term and Termination. 

   1. Term.  The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use ChristalDiamond Properties, unless terminated earlier in accordance with the Terms
       

   2. International Users.  ChristalDiamond Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country.  These references do not imply that ChristalDiamond intends to announce such Services or Content in your country.  ChristalDiamond Properties are controlled and offered by ChristalDiamond from its facilities in the United Kingdom. ChristalDiamond makes no representations that ChristalDiamond Properties are appropriate or available for use in other locations.  Those who access or use ChristalDiamond Properties from other countries do so at their own volition and are responsible for compliance with local law.