Last updated on February 23, 2018
TERMS AND CONDITIONS
Please read the following terms and conditions of Diamond Adult World Online Service Agreement carefully. By accessing the information on Diamond Adult World site, you confirm that you understand, accept and agree to be bound by the terms and conditions of this Agreement. If you do not wish to accept these terms and conditions, you may not access Diamond Adult World site. All references to Diamond Adult World in this agreement shall include the www.DiamondAdult.com web site, and its directors, officers, employees, consultants, shareholders, agents and attorneys as applicable. Access to Diamond Adult World is restricted to adults. In the United States that means that you must be 18 years of age or older If the law of your jurisdiction provides for a different age of majority, you may not access this website until you are an adult under the laws of that jurisdiction.
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Diamond Video World Inc., doing business as Diamond Adult World (“we,” “us” or “our”), concerning your access to and use of the Diamond Adult World website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. The content on this website was created for artistic and entertainment purposes. It was not created with the intention to offend. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Related Policies and Terms
Additional policies and terms apply to use of specific portions of this Site and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional specific terms and conditions, including the terms set forth within the description of items offered for sale on the Site.
The Site Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, or otherwise.
We have adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to the Privacy Statement section of the Site.
LICENSE AND SITE ACCESS
We are granting you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of ours or any third party. You may not use any meta tags or any other “hidden text” utilizing our name, trademark, or product name without our express written consent. “Site Materials” means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
PASSWORDS AND SECURITY
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your, password or requesting information to authorize transactions on your account. While we take prudent steps to protect your account and the Site, we cannot protect your information outside of the Site. For example, when we communicate with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. We may rely on the authority of anyone accessing your account or using your password and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction we may take or fail to take under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
To notify us of a copyright infringement, write to us at: Diamond Adult World, 285 E Bel Marin Keys Blvd, Novato, CA 94949.
Please Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements).
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
d. Your address, telephone number, and e-mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others’ copyrights may result in a loss of privileges.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa, Mastercard, Debit Card or American Express.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
ORDER LOGISTICS
Product Return Policy
You have 30 days from your order delivery date to report any defective items. Such items will be replaced. You have 5 days from your order delivery date to report any clothing items that do not fit. Such items may be exchanged for a different size. A $2 restocking fee will apply.
- We do not offer satisfaction returns.
- All returns must be pre-authorized. Please obtain a Return Merchandise Authorization (RMA) by filling out the PRODUCT RETURN FORM.
- Items must be returned in their original packaging.
- Shipping charges will not be refunded on unclaimed/refused/undeliverable packages.
Inventory information
We do not keep all merchandise in inventory at each location or in our warehouses. We cannot guarantee that a product listed as “In Stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order and sold out by the time your order is processed. If any selected merchandise is temporarily out of stock, you will be contacted by Customer Service and informed of the backorder availability date. If you choose to cancel your order a full refund will be made to your credit card. Please note: Any items not in stock when you place your order will be shipped immediately when received from the manufacturer at no additional cost.
Back-orders (Out-Of-Stock Items)
Back-ordered merchandise includes items that are not currently in stock. In most cases, these items are on order from the manufacturers. When we receive the product, we notify you by email and ship it to you promptly. Back-ordered products usually come into stock within one to four weeks but can occasionally take longer. If your order is not ready to ship within 30 days, we will send you an update by email. If, for any reason, we determine that a back-ordered item will no longer be available, we will notify you immediately by email, cancel the item from your order and delete the item from our catalog. A refund for back-ordered items will be applied to your credit card within 1 business day. If payment was made by check or money order, you will be given a store credit. If you prefer a check refund, please indicate this preference by contacting customer service.
Customer Care
Diamond Adult World will make every effort to respond to your customer queries, feedback and order information as quickly as possible. However, due to fluctuating order volume, there may be delays in our response time to your request. Please submit any requests by using the email forms located on our ‘Contact Us’ page, and throughout the site. If you prefer, you can also fax us at (415) 598-2343 or send us mail at: Diamond Adult World, 285 E Bel Marin Keys Blvd, Novato, CA 94949 or send an email to Customer Service.
Pricing
Despite our best efforts, a small number of the items in our catalog may be mis-priced. If the correct price of an item sold by Diamond Adult World is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
PROMOTIONS TERMS AND CONDITIONS
General Information
Promotions are: Sales, Deals, Kits, Fantasy Baskets, Coupons and Discount Codes. We may introduce other price-reducing incentives intermittently, which will also fall under these terms and conditions.
Only one promotion can be applied to each product purchased from the website. Please select the most effective option for your purchases.
Sale items. No additional discounts can be applied to items already on sale.
Expiration date. All promotions have an expiration date and time. You must place your order before the expiration date / time. We do not guarantee promotions after the expiration date.
How to make a return
- Please obtain a Return Merchandise Authorization (RMA) by filling out the PRODUCT RETURN FORM. If submitting the form, please include the following information: Your order number, name and email address. Products you wish to return and the reason for the return.
Please allow up to 5 business days from the date we receive your package for us to process your credit and/or replacement.
PRIVACY POLICY
Information Collection and Use
Diamond Adult World is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Diamond Adult World collects information from our users at several different points on our website.
Registration
If a user chooses to register with our site, a user is required to give the following: a unique password, a unique user name and an email. This information is used to contact the user about the services on our site for which they have expressed interest.
Order
We request information from the user on our order form. Here, a user must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
First, we collect non-personally identifiable information. This is general information that cannot be traced to individuals and contains no personalized data, think of it as a simple census form. When visitors come to our Site, we collect and aggregate information indicating, among other things, which pages of the Site were visited, the order in which they were visited and which links on the site were clicked by visitors. Collecting such information involves logging the IP addresses, operating system and browser software used by each visitor to the Site. Although such information is not personally identifiable, it may be possible to determine from an IP address a visitor’s Internet Service Provider and the general geographic location of the visitor’s point of connectivity. We then use this information in making modifications and improvements to the site to provide you the user with both a smoother and more efficient shopping experience.
We also use non-invasive “cookies” and other tracking technologies to collect non-personally identifiable information which we then use to provide you with an easier shopping experience.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser. These cookies do not track other websites you might visit and they do not plant malware on your computer. Our non-invasive cookies simply make it possible for us to recognize your browser once you visit our Site. By doing this, we can personalize your return visits and save you time during checkout. Your browser must be set to accept cookies in order for you to enjoy the benefits of being a registered user of the Site. If you are uncomfortable with the cookies on your computer, you can always remove them by accessing the options menu of your browser. Please refer to your browser’s help menu for more specific directions if needed.
Second, we collect personally identifiable information as needed to provide you with requested services and to process any order you might place. In general, our Site uses an order form, a registration form and a catalog request form so that you can request information, products and services from us. These forms require that you provide us with personally identifiable information, such as your name, email address, physical address, telephone number, and credit card number, to receive the requested service.
Further, when you use the Site to purchase a product or service as a gift, we will collect from you personally identifiable information regarding the gift recipient or potential gift recipient so that we can deliver the gift to them if requested.
Log Files
We use Log Files to identify IP addresses, browser type, domain name, date and time users have accessed DiamondAdult.com. The data is used to analyze trends, administer the site, track users’ movements, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Sharing
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We may, from time to time, partner with other parties to provide specific services that are of value to our users. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party. When the user signs up for these services, we will share names or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. We do not disclose any personally identifiable information about our users in our forums or in our messaging system. We inform our users through our ‘Privacy Policy’ page to be aware that if they voluntarily choose to disclose any personally identifiable information about themselves, that might increase their chance of receiving unsolicited emails from others. When any user is in a private chat room with one of our experts getting advice, no other user can view their chat. When a user sends a question to one of our experts via email, we may post that user’s question and our expert’s answer only after making sure that there is no personally identifiable information about the user.
Links
This website may contain links to other sites. Please be aware that Diamond Adult World is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
Contact Us
We use email links located on the ’contact us’ page to allow you to contact us directly with any questions or comments you may have. We read every message sent in. We directly respond to messages related to customer orders. For all messages that do not relate to customer orders, we may file your comments to improve the site and program, or review and discard the information. Your personal information is only shared with third parties with your explicit permission.
Newsletter
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address.
Surveys and Contests
From time to time, our site requests information from users by surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code and age). Contact information will be used to notify the winners and award prizes. By law, we are required to post the names of contest winners; please be aware of this prior to entering into any of our contests. Survey information will be used for purposes of monitoring or improving the use of this site and the users’ satisfaction.
Security
This website takes every precaution to protect our users’ information. When users submit sensitive information through the website, their information is protected both online and offline. Our staff will not disclose any customer information, names or purchasing information to anyone outside of Diamond Adult World, unless required to do so by law. When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry — SSL. While on a secure page, such as our order form, the lock icon on the bottom of web browsers such as Mozilla Firefox and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, which is its designation when you are just “surfing.” While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user information offline. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desks. When they return, they must re-enter their password to regain access to your information. Furthermore, all of our employees are kept up-to-date on our security and privacy practices. Every quarter, Diamond Adult World conducts in-house trainings on our customer care policies so that our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure that our customers’ information is protected. Finally, the servers on which we store personally identifiable information are kept in a secure environment behind a locked cage. If you have any questions about the security at our website, you can submit a Support Ticket.
Special Offers
We send all new members a welcoming email to verify password and username. Established members will occasionally receive emails with information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications. If this is the case, please review the choices and opt out information below.
Site and Service Updates
We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and with regard to issues relating to her or his account by email or phone.
Correction/Updating Personal Information
If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the member information page or by emailing our Customer Support.
Choice/Opt-Out
Diamond Adult World provides its users with the option of opting out of all mailings. Therefore, when there is a choice of using information for purposes other than what the information was originally collected for, Diamond Adult World will present the user with an opt out box. Users who no longer wish to receive our newsletter or promotional materials from our partners may opt out of receiving these communications by replying to unsubscribe in the subject line in the email or submit a Support Ticket. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.
Notification of Changes
If we change our privacy policy, we will post those changes on our ’Privacy Policy’ page which can be accessed throughout the site, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected
Discreet Product Shipping and Customer Billing
To further ensure your privacy, all of Diamond Adult World’s products are delivered in plain boxes, which list DAW ONLINE as the return address (and not Diamond Adult World). Moreover, on your credit card balance statements, all charges to your account by Diamond Adult World are also listed as DAW ONLINE.
LEGAL TERMS
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Diamond Adult World or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Diamond Adult World and protected by U.S. and international copyright laws. All software used on this site is the property of Diamond Adult World or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.
To notify us of a copyright infringement, write to us at our physical address at: Diamond Adult World, 285 E Bel Marin Keys Blvd, Novato, CA 94949.
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements).
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
d. Your address, telephone number, and e-mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others’ copyrights may result in a loss of privileges.
Trademarks
Diamond Adult World graphics, logos, and service names are trademarks of Diamond Video World Inc.., d/b/a Diamond Adult World. Diamond Adult World’s trademarks may not be used in connection with any product or service that is not Diamond Adult World’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Diamond Adult World. All other trademarks not owned by Diamond Video World Inc. d/b/a/ Diamond Adult World or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Diamond Adult World or its affiliates.
Use of site
You may use or download material displayed on this website for noncommercial, personal use only. You must retain all copyright and other proprietary notices displayed on the materials contained in the website. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written permission by Diamond Adult World. You may not use any “page-scrape,” “grabber,” “spider,” “robot,” “deep-link” or any other program, automatic device, algorithm or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of this website. Any use of the website which results in the depletion of website infrastructural resources is prohibited. When you use the website for an authorized purpose, you should include all proprietary notices without changing or hiding them. Diamond Adult World and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including and without limitation, if Diamond Adult World believes that customer conduct violates applicable law or is harmful to the interests of Diamond Adult World and its affiliates. Please check these Terms from time to time, as Diamond Adult World may change the Terms without notice and such changes are effective as of the time of posting.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and
Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
18 U.S.C. 2257 Compliance Notice
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Diamond Adult World.com (the “website”) were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. §2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct is merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. Diamond Adult World.com is not the primary producer (as that term is defined in 18 USC §2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.
Use of this website is for adults only.
This website is intended solely for viewing by an adult audience. By continuing to view any material contained within this website, you are stating and acknowledging that: You are an adult under the laws of your jurisdiction. You will not allow anyone who is not an adult to have any access to materials contained within. You are voluntarily continuing to view this site and will be exposed to material of an adult nature. If you are not comfortable with this, please close this page.
Reviews, comments, stories
Diamond Adult World enables its users to post reviews, comments, stories and other content to the site. By posting reviews, comments, stories or other content to the site, you grant Diamond Adult World and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivatives works from, distribute and display such reviews, comments, stories or other content throughout the world using any media. By submitting your name with any review, comment, story or other content to Diamond Adult World, you expressly state that you grant Diamond Adult World and its affiliates and sub-licensees the right to use the name that you have submitted. You further state and warrant that your posting of reviews, comments, stories and other content to Diamond Adult World site as well as any future usage, reproduction, modification, adaptation, publishing, translation, creation derivatives works from, distributing and displaying will not infringe upon or violate the rights of any third parties. You further state and warrant that the holder of any rights, including, but not limited to, moral rights to such content, has completely and effectively waived all such rights and validly and irrevocably granted you the authority to grant the license as described above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on Diamond Adult World site retains any and all rights that may exist in such content.
Copyright complaints
Diamond Adult World and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us in writing at: Diamond Adult World, 285 E Bel Marin Keys Blvd, Novato, CA 94949.
Risk of loss
All items purchased at Diamond Adult World are being shipped in accordance with a carrier’s shipping contract. This means that the risk of loss and the title to such items is going to be passed to a purchaser upon our delivery to a carrier.
Disclaimer
THIS SITE IS PROVIDED BY DIAMOND ADULT WORLD ON AN “AS IS” BASIS. DIAMOND ADULT WORLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIAMOND ADULT WORLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIAMOND ADULT WORLD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU MAY VIEW OR USE DIAMOND ADULT WORLD SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU MAY DOWNLOAD OR PRINT A COPY OF ANY INFORMATION PROVIDED BY DIAMOND ADULT WORLD FOR YOUR PERSONAL USE ONLY. ANY OTHER USE IN FRAMING, DOWNLOADING, OR PRINTING A COPY OF ANY INFORMATION PROVIDED BY DIAMOND ADULT WORLD IS EXPRESSLY PROHIBITED UNLESS PRIOR WRITTEN CONSENT IS SPECIFICALLY PROVIDED BY THE HOLDER OF THE COPYRIGHT OF THE INFORMATION AND BY DIAMOND ADULT WORLD. DIAMOND ADULT WORLD DOES NOT GUARANTEE OR WARRANT THAT DIAMOND ADULT WORLD IS FREE OF VIRUSES OR OTHER CODE CONTAINING DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING REASONABLE MEASURES TO PREVENT THE LOSS OF CODE OR DATA BELONGING TO YOU. DIAMOND ADULT WORLD DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OF DIAMOND ADULT WORLD. THE INFORMATION CONTAINED IN DIAMOND ADULT WORLD MAY CHANGE RAPIDLY. THE INFORMATION CONTAINED IN DIAMOND ADULT WORLD MAY BE OUT OF DATE, AND MAY CONTAIN INCORRECT OR INCOMPLETE INFORMATION, OR TYPOGRAPHICAL ERRORS. DIAMOND ADULT WORLD DOES NOT MAKE ANY EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, INCLUDING ANY WARRANTIES OF TITLE OR NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR IMPLIED WARRANTIES, OF WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH DIAMOND ADULT WORLD, EXCEPT AS OTHERWISE SPECIFIED BY DIAMOND ADULT WORLD. DIAMOND ADULT WORLD DOES NOT WARRANT THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY INFORMATION OR MERCHANDISE PROVIDED BY OR THROUGH DIAMOND ADULT WORLD. DIAMOND ADULT WORLD IS NOT LIABLE TO ANYONE FOR ANY ACT OR OMISSION TAKEN IN RELIANCE UPON ANY INFORMATION PROVIDED BY DIAMOND ADULT WORLD. YOU AGREE TO FULLY DEFEND AND INDEMNIFY DIAMOND ADULT WORLD FROM ANY LEGAL ACTION ARISING OUT OF YOUR ILLEGAL USES OF DIAMOND ADULT WORLD AND/OR ITS PRODUCTS OR SERVICES. DIAMOND ADULT WORLD MAY CONTAIN LINKS TO WEBSITES OPERATED BY OTHER PARTIES. OTHER WEBSITES MAY PROVIDE A HYPERTEXT LINK TO DIAMOND ADULT WORLD. DIAMOND ADULT WORLD IS NOT RESPONSIBLE FOR THE CONTENT OR PERFORMANCE OF THOSE WEBSITES. DIAMOND ADULT WORLD DOES NOT OPERATE OR CONTROL THOSE WEBSITES, AND DOES NOT ENDORSE OR WARRANT ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THOSE WEBSITES.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Diamond Adult World of any unauthorized use of your registration or password.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Marin County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Marin County, California, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEYS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $5.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; ( 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Diamond Adult World, 285 Bel Marin Keys Blvd. #E, Novato CA 94949 or send us an EMAIL.