Conditions of Use
Welcome to BlazeDiamond.com. BlazeDiamond.Com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at BlazeDiamond.Com, you accept these conditions. Please read them carefully. In addition, when you use any current or future BlazeDiamond.Com service (e.g., Friends & Favorites, e-Cards, Auctions, and Honor System) or visit or purchase from any business affiliated with BlazeDiamond.Com, whether or not included in the BlazeDiamond.Com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
Please review our Privacy Notice, which also governs your visit to BlazeDiamond.com, to understand our practices.
When you visit BlazeDiamond.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BlazeDiamond.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BlazeDiamond.com and protected by U.S. and international copyright laws. All software used on this site is the property of BlazeDiamond.com or its software suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
BlazeDiamond.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BlazeDiamond.com. 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 commercial purpose without express written consent of BlazeDiamond.com.
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 BlazeDiamond.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BlazeDiamond.com s name or trademarks without the express written consent of BlazeDiamond.com. Any unauthorized use terminates the permission or license granted by BlazeDiamond.com. You are granted a limited, revocable, and nonexclusive right to create a hyper link to the home page of BlazeDiamond.com so long as the link does not portray BlazeDiamond.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BlazeDiamond.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BlazeDiamond.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use BlazeDiamond.com only with involvement of a parent or guardian. BlazeDiamond.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BlazeDiamond.Com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant BlazeDiamond.Com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BlazeDiamond.Com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BlazeDiamond.Com or its affiliates for all claims resulting from content you supply. BlazeDiamond.Com has the right but not the obligation to monitor and edit or remove any activity or content. BlazeDiamond.Com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from BlazeDiamond.Com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
BlazeDiamond.Com and its affiliates attempt to be as accurate as possible. However, BlazeDiamond.Com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BlazeDiamond.Com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by BlazeDiamond.Com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
* If an item s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
* If an item s correct price 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.
Please note that this policy applies only to products sold and shipped by BlazeDiamond.Com. Your purchases from third-party sellers using BlazeDiamond.Com Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
Parties other than BlazeDiamond.Com and its subsidiaries operate businesses and stores, provide services, or sell other product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BlazeDiamond.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BlazeDiamond.com ON AN "AS IS" AND "AS AVAILABLE" BASIS. BlazeDiamond.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BlazeDiamond.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BlazeDiamond.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BlazeDiamond.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BlazeDiamond.com 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. 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting BlazeDiamond.Com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BlazeDiamond.Com or its affiliates.
Any dispute relating in any way to your visit to BlazeDiamond.Com or to products you purchase through BlazeDiamond.Com shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate BlazeDiamond.Com s intellectual property rights, BlazeDiamond.Com may seek injunctive or other appropriate relief in any state or federal court in the state of Arkansas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to BlazeDiamond.Com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
What Personal Information About Customers Does Blazediamond.com Gather?
The information we learn from customers helps us personalize and continually improve your shopping experience at Blazediamond.com. Here are the types of information we gather.
* Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
* Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Blazediamond.com. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at Blazediamond.com if we cannot recognize you, we want you to be aware that these tools exist.
* E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Blazediamond.com if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences.
* Information from Other Sources: We might receive information about you from other sources and add it to our account information. Click here to see examples of the information we receive.
WHAT ABOUT COOKIES
* Cookies are alphanumeric identifiers used to provide features and storage of items in your Shopping Cart between visits.
* The Help portion of the tool bar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of Blazediamond.com s coolest features, and we recommend that you leave them turned on. Does Blazediamond.com Share the Information It Receives? Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries Blazediamond.com, Inc. controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.