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Terms & Conditions

Thank you for visiting this Web site (this “Site”), which is provided by Dominion Diamond Corporation and its affiliated companies (collectively, “Dominion Diamond Corporation” or the “Company” or “we”).

Your access to and use of this Site is subject to the following terms and conditions of use (“Terms and Conditions”), our Privacy Policy, which is hereby incorporated by reference, other notices posted on the Site, and all applicable laws and regulations. Please read these Terms and Conditions carefully before accessing and using this Site.

By accessing and using this Site, you signify your acceptance, without limitation or qualification, of these Terms and Conditions, and acknowledge that any other agreements between us are hereby superseded with respect to the subject matter of these Terms and Conditions. If you do not agree to and accept these Terms and Conditions, you are not authorized to use the Site, and you must exit the Site.

We may revise these Terms and Conditions from time to time and without notice. The revised Terms and Conditions will take effect as of the date of posting. If you use the Site after these changes become effective, it will signify your agreement to be bound by the changes. We recommend that you visit this page periodically to review the current Terms and Conditions that apply to you. For your convenience, the date of the last update to these Terms and Conditions appears at the bottom of this document.

Currency of Web Site 

The Company updates the information on this Site regularly. However, such information is not intended to be a comprehensive review of all matters and developments concerning the Company and the Company does not guarantee the accuracy, currency or completeness of the information and assumes no responsibility in this regard.

Ownership of Content and Trademarks

We have created this Site to provide information about our Company, and the products and services we offer. This Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the “Content”) are owned and copyrighted by us or licensed to us from third parties. Furthermore, all trademarks on this Site, whether registered or unregistered, are owned by us or licensed to us or used under license from third parties. The trademarks of others that are referenced in this Site are used for identification purposes only. Except as provided in these Terms and Conditions, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws, or applicable foreign laws, rules, regulations and treaties. You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution. Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this Site without our prior written permission or prior written permission of the third party who owns such trademarks.

Limited Right to Use This Site

  1. You may download and use the Content solely for your noncommercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to the Site, including, without limitation, notices on any Content you transmit, download, display or reproduce from the Site. No licenses or rights in the Content, expressed or implied, are granted by these Terms and Conditions, which rights are hereby reserved.
  2. Except as set forth above, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without the express prior written consent of the Company or the copyright or trademark owner of the Content if the Company is not the owner. Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the Internet or any other local or international computer system.
  3. To a limited extent you are permitted to post or upload information or data to the Site. However, you are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company.
  4. You are prohibited from using the Site to advertise or perform any commercial solicitation. If you violate any of these Terms and Conditions, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content. Any unauthorized use of the Content by you may violate copyright laws, trademark laws, the laws of privacy, publicity and personality rights, and/or communications regulations and statutes.

Your Submissions

Any personally identifiable information you transmit or upload to the Site will be treated by Dominion Diamond Corporation in accordance with its Privacy Policy.

Disclaimer of Warranties

THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS,” “WHERE-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELINESS. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE AND ALL CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SITE WILL BE ERROR FREE OR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER POSSIBLY HARMFUL ELEMENTS. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DOMINION DIAMOND CORPORATION NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES OR AGENTS ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR USE OF THE CONTENT ON THIS SITE INCLUDING WITHOUT LIMITATION ANY INACCURACY OR OMISSION IN SUCH CONTENT OR FAILURE TO KEEP THE CONTENT CURRENT OR THE USE OF ANY THIRD PARTY WEBSITES LINKED TO THIS SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Third Party Content

This Site may offer you links to other web sites that are owned or operated by third parties. Such links are provided for your convenience only. If you link to any of these sites, you do so at your own risk. We do not control such sites. If you use these links, you will leave this Site and we are not responsible for the content, materials or other information made available to you by such third party websites. Third party websites may collect your personal information (including information generated through the use of cookies) when you link to their websites. The Company is not responsible for how such third parties collect, use or disclose your personal information, so it is important to familiarize yourself with their privacy policies before providing them with your personal information. The inclusion of any link to such sites does not imply our endorsement of such sites or any products or services available on such sites.

Termination

We may terminate your use of the Site for any reason, in our sole discretion, with or without notice to you. You also agree that we may modify or discontinue this Site, with or without notice to you, and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms and Conditions and the Privacy Policy, including, without limitation, any warranties and limitations of liability listed herein shall survive any such termination.

Representation

You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms and Conditions and all applicable laws and regulations. General Provisions We make no representation that the Content is appropriate or available for use in every country of the world. You are solely responsible for compliance with applicable local laws, rules and regulation, keeping in mind that access to certain Content may not be legal by certain persons or in certain countries. Although our products are available in many parts of the world, this Site may describe products that are not available worldwide.

These Terms and Conditions, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by the Company without restriction and without notice to you. These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario, Canada provisions. You agree that the courts of the Province of Ontario shall have sole and exclusive jurisdiction over any action at law or in equity arising from your use of the Site and these Terms and Conditions, and you irrevocably and unconditionally consent and submit to the sole and exclusive jurisdiction of such courts. For the avoidance of doubt, this choice of Ontario law does not have the effect of incorporating into these Terms and Conditions in whole or part any Ontario statute or regulation if the scope of application of the statute or regulation or any provision of the statute or regulation would not otherwise include these Terms and Conditions. Our waiver of a breach of any provision of these Terms and Conditions shall not operate to be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be prohibited or unenforceable, such provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating any remaining provisions of these Terms and Conditions or rendering such provision unenforceable in any other jurisdiction.

Last Updated: May 2016