TERMS OF USE

GENERAL. This Site is owned and operated by Diamante Enterprises, LLC, an Arizona limited liability company ("Diamante").  Any references in these terms of use (the "Terms of Use") to "we", "us" or “our” refer to Diamante.  Any references in these Terms of Use to "you" or "your" refer to the individual users of the Site. 

LIMITED LICENSE.  Diamante grants you a limited license to access and make use of this site solely for the purpose of viewing and purchasing products for sale on this Site.  Under no circumstances are you entitled to download (other than page caching) or modify any portion of the Site.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any other commercial purpose without our express written consent.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Diamante without express written consent.  You may not use any meta tags or any other "hidden text" utilizing Diamante’s name or the Desert Brilliance trademark without our express written consent. Any unauthorized use of the Site terminates the license granted by Diamante.

RESTRICTIONS ON USE.
A.      The Site may be used for lawful purposes only.  We reserve the right to regulate and restrict the content of any information you post on this Site.  You may not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, including, without limitation, any copyrighted material, trademarks, trade names and other intellectual property of others, or that is unlawful, obscene, vulgar, profane, threatening, abusive, defamatory, invasive of privacy rights, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.  Any conduct by you that restricts or inhibits any other user from using or enjoying the Site will not be permitted.

 B.       The Site contains copyrighted material, trademarks, trade names and other proprietary intellectual property, including, without limitation, logos, text, software, photos, and graphics, which are copyrighted under United States copyright laws.  You may not modify, publish, transmit, display, create derivative works, or in any way exploit, any of the content, in whole or in part.  Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission from Diamante.  You acknowledge that you do not acquire any ownership rights by downloading or using copyrighted material.

C.      By submitting material to the Site, including, without limitation, proposal stories, you automatically grant to Diamante, or warrant that the owner of such material has expressly granted to Diamante, the royalty-free, worldwide, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material and/or to incorporate it in other works in any form, media or technology.  You also permit any other user of the Site to access, view, store, or reproduce the material for that user's personal use.  We may edit, copy, display, publish, and distribute any material made available on the Site by you.

D.      The foregoing provisions are for the benefit of Diamante, its subsidiaries, affiliates, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

E.       We reserve the right to refuse to allow or prevent any person from using the Site.

MODIFICATIONS.  Diamante reserves the right at any time to modify any feature of the Site, including, without limitation, pricing, inventory, and equipment required to use the Site or these Terms of use.  We also reserve the right to change our return policy for any future purchases.  No changes will be made to the return policy for past purchases.

PURCHASING TERMS AND CONDITIONS.
A.      Diamante has attempted to accurately depict the colors of our products offered on the Site.  However, you acknowledge, that the color displayed is dependent on many different factors including the display of your computer monitor.  As such, you acknowledge that we are not responsible for any inaccuracies or color variations in the products you purchase from the Site.  Moreover, the products may be depicted larger or smaller than their actual size depending on your monitor and/or computer settings.  Pictures may also be enlarged to show details.

B.       In the event of an error in pricing on the Site, we reserve the right to correct such error, and in our sole discretion, to refuse or cancel any order placed for a product at an incorrect price or in the event of the item being out of stock.  All prices listed on this Site are in U.S. dollars.

C.      One of the main ways that we are able to offer our low prices on diamonds is by negotiating relationships with our suppliers whereby we only purchase the diamonds we sell at the time we sell them.  This allows us to avoid the carrying costs incurred by many jewelry retailers that are associated with carrying diamonds in inventory.  We then pass these savings on to our customers.  However, because our suppliers are wholesalers who also provide jewelry to other jewelry retailers, there is a possibility that the diamond you select will have previously been sold.  If such an event occurs, we will do whatever we can to make a similar diamond available for purchase at an equal or better price than the diamond you originally selected.

NO WARRANTY; LIMITED RETURN POLICY.  WE DO NOT OFFER ANY WARRANTIES AND WE SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  We do, however, offer a return policy.  Please view our return policy here, which is incorporated into these Terms of Use by this reference.

VIRUSES.  We assume no responsibility, and are not liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your use of any portion of the Site.

INDEMNITY.  You agree to defend, indemnify and hold harmless Diamante, its subsidiaries, affiliates, members, officers, employees, agents and licensees from any threatened or actual claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys fees and costs for counsel selected by Diamante), made by any third party arising out of or relating to your use of the Site, your violation of these Terms of Use, or your violation of any rights of another.

THIRD PARTY LINKS.  The Site may contain links to third party websites or resources.  We make no representation or warranties concerning such third party websites or resources and are not responsible for the content or operation of such third party websites or resources, and have no liability in connection with them.

WARNING AGAINST HACKERS.  It is possible that unauthorized "hackers" may post or transmit offensive or obscene materials to or from the Site and that you may be involuntarily exposed to such materials.  It may also be possible for hackers to obtain personal information about you.  We have taken such steps as we have determined reasonable to attempt to prevent any such actions by hackers.  However, we cannot guarantee that such activities will be prevented and, by using the Site, you assume the risk of such occurrences.

TERMINATION.  We may terminate your right to use or make purchases through the Site if you breach or violate these Terms of Use or we discontinue access to the Site.  All terminations shall be made in our sole discretion.

TRADEMARKS.  The Diamante Enterprises, LLC name and the Desert Brilliance name and logo are trademarks of Diamante and all rights are reserved.  Use of these names and logos are strictly prohibited without our prior written consent.

MISCELLANEOUS TERMS.
A.      By accessing the Site, you agree that the laws of the State of Arizona, without regard to its conflict of laws principles, will govern these Terms of Use and any dispute of any sort that might arise between you and Diamante or its affiliates.  In addition, you agree that you are subject to the jurisdiction of the state and federal courts located in the State of Arizona, and that any action pursued concerning these Terms of Service or Your use of the Site shall be within the exclusive jurisdiction of such courts.  By using the Site, you submit to the jurisdiction of the state and federal courts located in the State of Arizona and irrevocably waive all objections based on a lack of jurisdiction or inconvenient forum.  You acknowledge that the provisions of this paragraph are a fundamental basis for our agreement to sell jewelry to you through the Site, without which, we would not be willing to sell you jewelry.

B.       If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

C.      All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

These Terms of Use were last updated on August 28, 2008.  Please direct questions regarding these Terms of Use to questions@desertbrilliance.com.