Terms and Conditions

These terms govern your use of the website located at https://diamondmarketingapp.com and any related services provided Diamond Marketing App.

By accessing https://diamondmarketingapp.com, you agree to abide by these Terms and Conditions and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you are prohibited from using or accessing this website or using any other services provided by Diamond Marketing App.

We, Diamond Marketing App, reserve the right to review and amend any of these Terms and Conditions at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms and Conditions will take effect immediately from the date of publication.

These Terms and Conditions were last updated on 28 January 2023.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website; remove any copyright or other proprietary notations from any materials and software on this website; transfer the materials to another person or “mirror” the materials on any other server; knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Diamond Marketing App provides; use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material; use this website or its associated services in violation of any applicable laws or regulations; use this website in conjunction with sending unauthorized advertising or spam; harvest, collect, or gather user data without the user’s consent; or use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Diamond Marketing App and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms and Conditions, and may be terminated by Diamond Marketing App at any time.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Diamond Marketing App makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Diamond Marketing App or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Diamond Marketing App or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Diamond Marketing App does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Diamond Marketing App has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Diamond Marketing App of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms and Conditions immediately upon written notice to you for any breach of these Terms and Conditions

Severance

Any term of these Terms and Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms and Conditions is not affected.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Pennsylvania. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Acceptable Use

This acceptable use section covers the products, services, and technologies (collectively referred to as the “Products”) provided by Diamond Marketing App under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

Diamond Marketing App customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

Fair use

We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

Customer accountability

We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

Prohibited activity

Copyright infringement and access to unauthorized material

Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, andany material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

SPAM and unauthorized message activity

Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

SMS Spam

The Diamond Marketing App, enforces a strict policy against the use of SMS, mobile, and text messaging spam. You are solely responsible for any activity that occurs under your user names and accounts. You agree not to resell the software or any associated data or mobile application. You may not transfer your obligations under these terms to any other party. Diamond Marketing App will not be held liable for any unauthorized access or misuse of the software, data, or mobile application by you.

You may not use the Diamond Marketing App in any manner that could damage, disable, overburden, or impair the software, or interfere with any other party’s use and enjoyment of the software. The use of the software for enterprise-level internal messaging is strictly prohibited, unless explicitly agreed upon with Diamond Marketing App. Attempts to gain unauthorized access to the software, data, or mobile application through hacking, password mining, or any other means will not be tolerated.

You agree not to engage in any activities with respect to the Diamond Marketing App that violate any applicable local, state, national, or international laws or regulations, the intellectual property or other rights of third parties, or submit or transmit any material that is abusive, defamatory, obscene, threatening, or otherwise inappropriate, as reasonably determined by Diamond Marketing App.

You are required to use the Diamond Marketing App in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) Do-Not-Call (“DNC”) list prohibitions; (b) telemarketer licensing and bonding requirements; (c) consumer cancellation rights; (d) mandatory disclosures; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages (i.e. robocalling or voice broadcasting); (g) internal opt-out rules; (h) intellectual property rights and restrictions; and (i) other product and industry specific rules and disclosures. By using the Diamond Marketing App, you warrant that you will continue to act in full compliance with the law.

All offers made by Diamond Marketing App are void where prohibited by law. You acknowledge that you have read and understand the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations. You are responsible for reviewing these rules with your own legal counsel to ensure that you understand and are fully compliant. Diamond Marketing App does not assume responsibility for ensuring that your marketing campaigns meet applicable legal requirements. The company will not assume any liability if you are ever held guilty or liable for any law violation.

Notwithstanding the above, Diamond Marketing App takes active steps to ensure compliance among its customers, including by having you agree to these terms. If evidence of a violation of the law is discovered, Diamond Marketing App reserves the right to suspend or terminate your use of the software immediately. You understand and agree that Diamond Marketing App may be required by law to provide certain information about you if we receive a subpoena from a court or regulator with competent jurisdiction. The company is under no obligation to object to the same, except in its sole discretion.

Unethical, exploitative, and malicious activity

Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

Obtaining (or attempting to obtain) services from us with the intent to avoid payment;Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;Any act or omission in violation of consumer protection laws and regulations;Any violation of a person’s privacy.

Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

Unauthorized use of Diamond Marketing App property

We prohibit the impersonation of Diamond Marketing App, the representation of a significant business relationship with Diamond Marketing App, or ownership of any Diamond Marketing App property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

About this policy

This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

We reserve the right to modify this policy at any time by publishing the revised version on our website.

The revised version will be effective from the earlier of:

-the date the customer uses our Products after we publish the revised version on our website;

-or 30 days after we publish the revised version on our website.