User Agreement Terms and Conditions

THE FOLLOWING DESCRIBES THE TERMS ON WHICH – DIAMONDLOT OFFERS YOU ACCESS TO OUR WEBSITE AND SERVICES.

Welcome to DiamondLot User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at DiamondLot.   We may amend this Agreement at any time by posting the amended terms on DiamondLot servers. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on DiamondLot servers. This Agreement may not be otherwise amended except in a writing signed by you and DiamondLot Inc. This agreement is effective on June 1, 2008.

1. Usership Eligibility.
   Our services are available only to licensed Buyers/Sellers who can form legally binding agreements under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended DiamondLot users. If you do not qualify, please do not use our services. Further, your DiamondLot account and User Id may not be transferred or sold to another party. Individuals found to be sharing an account may be subject to immediate suspension from our servers without refund.
2. Fees and Services.
   1. We may change our Fees Policy and the fees for our services from time to time. Active accounts will remain at their present level until the expiration anniversary of their current agreement. 
   2. Our changes to the policy are effective on any new agreements, thirty days after we provide written notice of the impending changes.
   3. When you enter into an agreement you have an opportunity to review and accept the fees that you will be charged for the use of our services.
   4. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

DiamondLot is Only a Website Database.

5. DiamondLot servers acts as a Database to allow users to offer, sell, and buy any type of vehicle, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
6. We encourage you to communicate directly with potential trading partners to determine reputability.
7. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release DiamondLot (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8. We do not control the information provided by other users which is made available through our system. You may find other user's information to be harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using DiamondLot servers.
2. Listing
   1. You must be legally able to sell the item(s) you list for sale on DiamondLot servers. You must describe your item and all terms of sale on the listing page of DiamondLot servers. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item.
   2. Without limiting any other remedies, DiamondLot may suspend or terminate your account without refund, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with DiamondLot servers.
   3. Manipulation- Neither buyers, nor sellers may alter or manipulate the listings of any other users items nor may you interfere with other user's listings.
3. Your Information.
   Definition. "Your Information" is defined as any information you provide to us or other users in the registration or listing process. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
   Restrictions. Your Information (or any items listed):
   1. Shall not be false, inaccurate or misleading;
   2. Shall not be fraudulent or involve the sale of illegal or stolen items;
   3. Shall not infringe any third party's proprietary rights or rights of publicity or privacy;
   4. Shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
   5. Shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
   6. Shall not be obscene 
   7. Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
   8. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
   9. Shall not link directly or indirectly to or include descriptions of goods or services that: (this does not prevent linking to or advertising a DiamondLot item from another web site)
      1. Are prohibited under this Agreement;
      2. You do not have a right to link to or include, furthermore, you may not list any item on DiamondLot servers (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
   10. License Solely to enable DiamondLot to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. DiamondLot will only use Your Information in accordance with our Privacy Policy.
4. Access and Interference.
   Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the DiamondLot site or any listings on DiamondLot servers. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on DiamondLot servers is updated on a real time basis and is proprietary or is licensed to DiamondLot by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of DiamondLot or the appropriate third party.

6. Breach.
   Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your usership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
7. Privacy.
   Our policy on privacy is held to high standards. Our current Privacy Policy is available online
8. No Warranty.
   WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
9. Liability Limit.

IN NO EVENT SHALLWE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH DIAMONDLOT SERVERS, OUR SERVICES OR THIS AGREEMENT. (HOWEVER ARISING, INCLUDING NEGLIGENCE).

10. Indemnity.
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
11. Legal Compliance.
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.