Website Terms and Conditions

1. Terms

These Terms of Service (“Terms”) govern your access to and use of the Web sites (the “Websites”) offered by Yazam Sàrl (the “Company”), and any information, data, software, text, graphics, or other materials uploaded, downloaded or appearing on the Websites (collectively referred to as “Content”). Your access to and use of the Websites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Websites you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing these Websites. All Content contained in the Websites is protected by applicable copyright, patent and trade mark law.

You may use the Websites only if you can form a binding contract with the Company and are not a person barred from receiving Websites under the laws of Switzerland or other applicable jurisdiction. You may use the Websites only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Websites that the Company provides are always evolving and the form and nature of the Websites that the Company provides may change from time to time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the Websites (or any features within the Websites) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Privacy

Any information that you provide to the Company is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Websites you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Switzerland and/or other countries for storage, processing and use by the Company.

3. User License

You must qualify that you are 13 years or older, and are not temporarily or indefinitely suspended from using the Websites.

The Company gives you a personal, worldwide, non-assignable, non-transferable and non-exclusive license to use the Content that is provided to you by the Company as part of the Websites. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Websites for your personal use as provided by the Company, in the manner permitted by these Terms. This is not a license for professional use or for research or educational purposes.

Permission is granted to temporarily download one copy of the Content on the Websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not (i) modify or copy the Content; (ii) use the Content for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on this Website; (iv) remove any copyright or other proprietary notations from the Content; or (v) transfer the Content to another person or “mirror” the Content on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of the Content or upon the termination of this license, you must destroy any downloaded Content in your possession whether in electronic or printed format.

4. Restrictions on the Use of the Websites

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public.

You may not do any of the following while accessing or using the Websites: (i) access, tamper with, or use non-public areas of the Websites, the Company's computer systems, or the technical delivery systems of the Company's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Websites to send altered, deceptive or false source-identifying information; (iv) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Websites, or by scripting the creation of requests in such a manner as to interfere with or create an undue burden on the Websites; (v) post false, inaccurate, misleading, defamatory, or libelous information; (vi) transmit any worms or viruses or any code of a destructive nature; or (vii) take any action that may damage our system.

5. Acknowledgment of Risks

You acknowledge that your access and use of the Websites are at your own risk, and are made by you on a voluntary basis. You may withdraw or discontinue accessing and using the Websites at any time. By accessing or using the Websites, you assume all risks of use, damage, or injury. You are responsible for your use of the Websites.

6. Acknowledgment of rights

All right, title, and interest in and to the Websites are and will remain the exclusive property of the Company and its licensors. The Websites are protected by copyright, patent, trademark, and other laws of both Switzerland and foreign countries. Nothing in the Terms gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Company, or the Websites is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

You will not acquire any right, title, or interest in or to the Websites or its service except as expressly set forth in the Terms. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of the Websites, or create or attempt to create a substitute or similar service or product through use of or access to the Websites or proprietary information related thereto.

7. Fraud

Fraudulent activities are highly monitored in the Websites and if fraud is detected we shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

8. Disclaimer

Your access to and use of the Websites or any Content is entirely at your own risk. You understand and agree that the Websites is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, the Company and its partners disclaim any warranties, express or implied, or merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, adequacy, availability, timeliness, likely results, validity, security or reliability of the Websites or any content thereon. Under no circumstances will the Company be responsible or liable for any harm, loss or damage, including personal injury or death, loss of data, or other harm to anyone or to any computer system that results from anyone's access to or use of the Websites or any Content. You also agree that the Company has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Websites. We make no warranty that the Websites will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and we will not be liable for the consequences of any interruptions or errors. No advice or information, whether oral or written, obtained from the Company or through the Websites, will create any warranty, representation or guarantee not expressly stated in these Terms.

The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Websites by the Company, its partners or any user or any other person or entity. Users acknowledge that any reliance on such opinion, advice, statement or information is at their own risk. The Company is not responsible for the conduct, whether online or offline of its users. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Websites. Please use caution and common sense when using the Websites and their Content.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Websites; (ii) any conduct or content of any third party on the Websites, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Websites; and (iv) unauthorized access, uses or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not the Company has been informed orally or in writing of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. You will indemnify us for claims caused by you.

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.

Further, our aggregate liability arising with respect to the Terms and the Websites will not exceed CHF 100 or the total price of the Websites paid by you whichever is less.

10. No Advice

The Content provided on the Websites is general information only. It has been prepared without taking into account your personal objectives, financial situation or needs. It does not attempt to give you advice on any particular investment or to recommend any particular investment to you. Before acting on this Content you should consider the appropriateness of the information, having regard to your own objectives, financial situation and needs.

The Websites and their Content are for informational and entertainment purposes only, and are not intended to be and should not be interpreted as a recommendation for a specific course of action, investment plan, purchase, or product. The Websites and their Content are not construed to be a substitute for any professional financial, legal, gemological or other advice.

11. Revisions and Errata

The Content appearing on the Websites could include technical, typographical, or photographic errors. The Company does not warrant that any Content on its Websites is accurate, complete, or current. The Company may make changes to the Content contained on its Websites at any time without notice. The Company does not, however, make any commitment to update the Content.

12. Links

The Websites may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

13. No Waiver

Failure of the Company to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

14. Miscellaneous

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of these Terms, without liability to us. However, we may assign these Terms to any person or company at any time without notice.

15. Governing Law

Any claim relating to the Websites shall be governed by the laws of Switzerland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Websites will be brought solely in Geneva, Switzerland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

16. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between the Company and you regarding the Websites (excluding any services for which you have a separate agreement with the Company that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Company and you regarding the Websites. Other than members of the group of companies of which the Company is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time and without notice, the most current version will always be at diamalps.ch/terms/terms.html. By continuing to access or use the Websites after those revisions become effective, you agree to be bound by the then current version of these Terms.

These Websites are operated and provided by Yazam Sàrl, 1204 Geneva, Switzerland. If you have any questions about these Terms, please contact us.