Website users, customers, and others interacting with EMD Diamonds acknowledge and agree that EMD Diamonds (E.M.Diam Inc.) or its affiliates retains the right to create derivative work(s) related to and/or derived from the merchandise and its physical properties (e.g., videos, images, or digital assets) and all intellectual property in such work(s) shall be under the full ownership of EMD Diamonds or its affiliates, as applicable.
Diamond Origin and Provenance
EMD Diamonds and any affiliated companies provide natural diamond origin information – whether on this website, in marketing materials, in materials provided to any purchaser, or anywhere else – without any warranty of any kind, either express or implied. Diamond origin information is provided based upon information provided by EMD's suppliers. While reasonable commercial efforts are made to ensure the accuracy of origin information provided, there can be no guarantee or warranty of the diamond origin information. All implied representations, warranties, and conditions relating to diamond origin are hereby disclaimed where applicable. The above limitation of liability extends to any persons who viewed EMD's Diamonds listed with the origin, any persons who purchased EMD's diamonds listed with the origin, and any other persons who may thereafter acquire EMD's diamonds that had been listed with origin.
All representations regarding diamond origin are provided to the best of EMD's knowledge and without guarantee or warranty of any kind.
Limitation of Liability
In no event shall EMD Diamonds, its directors, members, employees, affiliates, or agents or any other party involved in creating, producing, or delivering the EMD products be liable to you or any third party for damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages or other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in contract, tort, or otherwise, including negligence, arising out of or in any way connected with or resulting from the use of our site, the products, the services or the content contained in or accessed through the EMD site, or that results from the reliance by user on any information obtained from EMD, including any error or omission regarding listed diamond origin, any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission or any failure of performance of the EMD site, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to EMD's programs or services, even if EMD is expressly advised of the possibility of such damages, or even if the loss, damage or expense was caused by EMD, its directors, members, employees, affiliates or agents. in no event shall EMD's liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not exclude implied warranties, so some of the above exclusions may not apply to you. It is your responsibility to check local laws for any restrictions or limitations regarding the exclusions of implied warranties.