By accessing or using the Website or any content on the Website and/or submitting content, information or other materials or services to the Website, you accept and agree to be bound by the Terms of Use and the Privacy Policy, available at http://www.DEF - Diamond Empowerment Fund.com/static/privacy. The Privacy Policy is incorporated into these Terms of Use by reference.
The Website is not directed at children under age 13, and Treemo will not knowingly collect personally identifiable information from any child under age 13.
If you do not agree to the Terms of Use, you may not access or use the Website or submit content or other materials. Treemo may modify these Terms of Use form time to time and without notice, effective immediately upon posting on the Website. Your continued access or use of the Website constitutes acceptance of such modifications.
User Submissions, as defined below, and other third party content may be available on or through the Website. You acknowledge that such third party content is not endorsed by Treemo, and does not reflect the opinion, recommendation or advice of Treemo in any manner. If you believe that any content on the Website violates these Terms of Use or any law or right of a third party, please follow our Copyright Infringement procedure below.
You understand that by accessing and using the Website you may be exposed to User Submissions and other content from a variety of sources that are inaccurate, offensive, indecent or objectionable, and hereby waive any legal or equitable rights or remedies you have or may have against Treemo with respect thereto.
You agree not to access or use the Website, directly or through any automated system, in any manner so as to (a) adversely affect the Website's resources or the availability of the Website to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which you reside; (c) delete or revise any content on the Website; (d) harass any person or collect or store personal information about other visitors; (e) circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any content or enforce these Terms of Use; and/or (f) send more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Treemo grants the operators of public search engines limited permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Treemo reserves the right to revoke this limited permission either generally or in specific cases, in Treemo's sole discretion.
In order to access or use some features of the Website, you will have to create an account. You must be at least 13 years old to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for all activity that occurs under your account and/or password, including without limitation any content or other materials provided from or through your account. You must maintain the confidentiality and security of your account password and login information, and notify Treemo immediately of any breach of security or unauthorized use of your account.
Treemo and other names or designations of Treemo or its products or services, the "look and feel" of the Website and the color combinations, layout and other graphical elements of the Website are the trademarks of Treemo ("Treemo Marks"). You may not use any Treemo Mark in any manner without the express, written permission of Treemo, including without limitation in any meta-tags or other hidden text. Other product and company names, trademarks and logs on the Website may be subject to trademark or other rights of other parties.
You may not frame any Website content without Treemo's prior written consent. You may link to the Website or to your own or other's User Submissions for non-commercial purposes only, or as otherwise authorized by Treemo in writing. You may use the Treemo "embeddable player" feature to incorporate certain User Submissions on your own personal, non-commercial website(s), provided that you include a prominent link back to the Website on each page incorporating content through the embeddable player. Treemo reserves the right to demand that you remove any link at Treemo's sole discretion.
Treemo has the right, but not the obligation, to review, remove or edit all User Submissions and other third party content, in Treemo's sole discretion. Treemo has no responsibility and assumes no liability for User Submissions or other content posted by you or any other party.
The Website may now or in the future permit the submission of videos or other content or materials by users of the Website and/or include chat features, instant messaging, message board or similar features allowing submission of content (collectively, "User Submissions") for hosting, sharing or publication on or through the Website, and may allow access or use of User Submissions of other users. You grant Treemo a worldwide, nonexclusive, royalty-free, perpetual and fully sublicensable and transferable right, but not the obligation, to (a) use, distribute, display, reproduce, modify, perform, preserve and create derivatives of any User Submissions you submit, in any media now known or hereafter developed and in connection or compilation with any other content, in connection with the Website and Treemo's (and its successor's, assignees and licensees) business, in any media and through all channels, now known or hereafter discovered; and (b) use the name and any other personal information under which you submit such User Submissions in connection therewith, in Treemo's sole discretion. You also grant each user of the Website a non-exclusive license to access your User Submissions through the Website and to reproduce, distribute, prepare derivative works, display and otherwise use such User Submissions as permitted under these Terms of Service. You may terminate or restrict our rights to use your User Submissions by changing the rights granted on the permissions page of your account. You understand that changing your permissions shall not require Treemo or any user to remove your submission from any work created prior to the effective date of your change or otherwise modify any prior use of your submission and that Treemo shall not be responsible for any user's failure to abide by the changes to your permissions. The foregoing license granted by you terminates once you remove or delete a User Submission from the Treemo Website, however, Treemo does retain deleted works for up to 30 days for review.
You acknowledge that whether or not such User Submissions are published, Treemo does not guarantee any confidentiality or security of any User Submissions, or any other information or materials you provide or submit by email or other electronic communication. Treemo may remove any User Submission from the Website at any time, in Treemo's sole discretion and for any or no reason. You waive all claims against Treemo for any violation of copyright, rights of privacy, publicity, and defamation or other personal torts arising from Treemo's use of the information you provide.
YOU ARE SOLELY RESPONSIBLE FOR USER SUBMISSIONS AND OTHER INFORMATION AND MATERIALS YOU PROVIDE TO TREEMO. YOU REPRESENT AND WARRANT TO TREEMO THAT (A) YOU OWN, OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS, AND PERMISSIONS TO USE AND AUTHORIZE TREEMO TO USE ANY USER SUBMISSIONS AND OTHER INFORMATION OR MATERIALS YOU PROVIDE IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE; AND (B) YOU HAVE THE WRITTEN CONSENT OF EACH IDENTIFIABLE INDIVIDUAL PERSON APPEARING OR INCLUDED IN YOUR USER SUBMISSIONS TO USE HIS OR HER NAME, LIKENESS AND OTHER PERSONAL INDICIA IN THE MANNER CONTEMPLATED BY THE WEBSITE AND THESE TERMS OF SERVICE.
You agree not to submit any User Submissions or other materials, content or information which is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, invasive of privacy or which encourages criminal conduct, infringes any intellectual property or other proprietary right of any person or entity or otherwise gives rise to civil liability, or which contains viruses, corrupt data, cancel bots, trojan horses or the like. You further agree not to submit or post advertisements or solicitation of business and/or use false email addresses or impersonate any person or otherwise mislead as to the origin of any User Submission or other materials, content or information you submit or provide.
If you are a copyright owner or authorized agent of a copyright owner and believe any content available on or through the Website infringes your or your principal's copyright interest, please provide the following information, in writing and signed by you, to the Treemo Copyright Agent at the address listed below:
Treemo Copyright Agent
1737 NW 56th St
Suite 102
Seattle, WA 98107
206.297.0397
Please contact Treemo at feedback@DEF - Diamond Empowerment Fund.com in the event you want to report conduct you deem abusive. Although Treemo has no obligation to police the conduct of visitors to the Website, we do try to remove content that is clearly inappropriate when it is brought to our attention, in our sole discretion.
The Website may contain links to third party websites that are not owned or controlled by Treemo. Treemo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or the products or services offered by or through such sites, even those with which Treemo may have an affiliation. No endorsement of any third party product, service or information is expressed or implied by any information, material or content referred to, included on or linked from or to the Website. You access any third party sites linked through the Website at your own risk. Accordingly, we encourage you to be aware when you leave the Website, and to read the terms and conditions and privacy policy of each other website that you visit.
Treemo shall have no responsibility or liability of any kind in connection with or arising from any dealings between you and any advertiser on the Website, or any other website, including without limitation any purchase, payment, delivery of goods or services, or any other terms, agreements, warranties or representations associated with your dealings with such advertisers.
Communication via the Internet may use potentially unsecure computers and links and data or content, including personal information, may be lost, or intercepted and/or used by unauthorized third parties during or after such transmission. HyperBoy takes reasonable steps to protect your personal information in accordance with our Privacy Policy but is not responsible for the security of any personal information you post or e-mail to the Website. You agree that HyperBoy shall have no liability whatsoever in connection with lost or intercepted data or information.
HYPERBOY DOES NOT WARRANT THAT ANY CONTENT AVAILABLE FOR DOWNLOADING OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS. YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TREEMO'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.
NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL TREEMO'S LIABILITY TO YOU EXCEED $50.00.
You acknowledge that you are personally and exclusively responsible for your use of the Website and agree to indemnify, defend and hold harmless Treemo and its affiliates and subsidiaries, and all members, officers, directors, employees, attorneys, agents, successors, advisors, consultants, partners, visitors and third party information and service providers from and against any loss, damage, expense or liability of any kind (including attorneys' fees and costs) resulting from your (a) violation of these Terms of Use; (b) use of or access to the Website; (c) submission of User Submissions or other material or information or communication with Treemo; and/or (d) any act or failure to act by you.
These Terms of Use remain in effect until terminated by either you or Treemo. If you terminate these Terms of Use, you must immediately discontinue all access and use of the Website, and destroy all content and any other materials downloaded from or otherwise obtained from the Website, and any copies and installations thereof. Treemo reserves the right to suspend or terminate your access to or use of the Website or any portion of the Website at any time, with or without notice, if you breach these Terms of Use or the terms of any agreement or obligation to Treemo or for any other reason or no reason. Treemo may, in its sole discretion, discontinue providing the Website, in whole or in part, and with or without notice to you. Treemo shall have no liability to you or any third party for any termination of the Website or access to the Website. Your limited right to use the content on the Website under these Terms shall terminate immediately upon notice to you that Treemo has terminated your access to or use of the Website, and you must promptly destroy all content and copies of content obtained through the Website in your possession or control, in whatever form. The disclaimer of warranty, indemnification and general provisions of these Terms of Use shall survive termination of these Terms of Use for any reason.
To get help, email us at support@treemo.com, or call our toll free number at 877-792-5074. From your mobile phone, you can request our contact information at any time by texting HELP into 873366.
The Website is controlled and operated by Treemo from its facilities in the state of Washington, United States of America. Treemo makes no representations that the Website or any content or materials on the Website is appropriate or available for use in other locations. If you access or use the Website from outside the state of Washington, United States of America, you do so at their own volition and are responsible for compliance with applicable laws of your jurisdiction.
These Terms of Use, and any dispute that may arise between you and Treemo shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. The Terms of Use, as they may be amended from time to time, set forth the entire understanding of you and Treemo as to the subject matter hereof. You irrevocably and unconditionally consent to the exclusive jurisdiction of and venue in the courts of King County, Washington, U.S.A. for any all disputes arising out of or relating to the Terms of Use and/or the Website.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Treemo's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Treemo may assign its rights and duties under these Terms of Use to any party, at any time, and without notice to you. You may not assign your rights or obligations under these Terms of Use without Treemo's prior, written consent.
Nothing contained in these Terms of Use shall be deemed to constitute you and Treemo as partners or joint venturers or constitute an employment or agency relationship between you and Treemo.
These Terms of Use constitute a written agreement between you and Treemo, and a printed version of these Terms of Use, and of any electronic notice pertaining to these Terms of Use, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
All rights not expressly granted herein are reserved to Treemo.
