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Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

Terms and Conditions
This Internet web site, www.dev.com, (“Web Site”) is provided by DEOS GROUP LLC and its affiliated companies (“DEOS”). Your use of this Web Site is subject to the following terms and conditions (“Terms”). DEOS may revise these Terms from time to time by updating this posting, with the revised Terms taking effect as of the date of its posting.

By using this site, you signify your assent to these Terms, with any other terms and conditions stated herein, and with any applicable laws. If you do not agree to these Terms, you may not use the site.

Copyright and Trademark
Please note that any artwork displayed is solely for illustrative purposes. Courtesy of sxc.hu and artists affiliated with it. All contents are protected by U.S. and international copyright, © 2010 DEOS GROUP LLC. All rights reserved. All software and other technology components of this Web Site are protected by U.S. and international copyright, © 2007-2010 DEOS GROUP LLC. All rights reserved. The trademarks “DEOS DIAMOND,” “DEFINING EXPRESSION OF SOUND,” AND “DEOS & DESIGN” are trademarks or service marks of DEOS GROUP LLC. DEOS GROUP LLC reserves all of its rights with regard to those marks and any other DEOS GROUP LLC trademarks or service marks appearing herein. This site may also contain trade names and trademarks of other companies that are the property of their respective owners.

Site Use
You may use this Web Site for legitimate shopping purposes only. You may not harm the Web Site in any way or otherwise use the Web Site in any improper manner, including, but not limited to hacking into the Web Site’s systems, spoofing or faking email headers or slowing or stopping the functionality of the Web Site.

In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or DEOS suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, DEOS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site.

If and when required for registration purposes, you will create a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DEOS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DEOS will not be liable for any loss or damage arising from your failure to comply with this paragraph.

This Web Site and its contents are provided solely for personal, noncommercial use, including the online purchase of the merchandise depicted, and for no other purpose. You may download one computer copy or print one copy of the material on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) (“DEOS Material”) is protected notably under copyright and trademark legislation and internationally under treaty provisions, unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any of DEOS Material in any way for any public or commercial purpose. Furthermore, you may not use or display DEOS Material on any other web site or in a networked computer environment for any purpose. If you violate any of these Terms, your permission to use DEOS Material will automatically terminate and you must immediately destroy any copies you have made of DEOS Material. Any unauthorized use of DEOS Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not establish a link to the Web Site from a third party site without our prior written permission.

Product Images
We have attempted to accurately depict the colors of the products offered on this site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.

Pricing
We make every attempt to avoid errors in pricing and product information, but we are human. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.

Our policy is to match the prices on dev.com to the prices you will find in stores or advertisements. If you find a discrepancy, please contact us at concierge@deos-diamond.com.

Limitation of Liability
Under no circumstances and under no legal theory (including, but not limited to, negligence) shall DEOS be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise that result from, arise out of, or are in connection with the use of or access to, or the inability to use or access, this site or its contents, or third party sites linked to from DEOS.com, even if DEOS has been advised of the possibility of such damaged links.

This Web Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DEOS has no control over such sites and resources, you acknowledge and agree that DEOS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DEOS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Indemnification
You agree to indemnify, defend, and hold harmless, DEOS, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Web Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. DEOS reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with DEOS in asserting any available defenses.

Disclaimer
Unless specifically noted, this site, its content or the information available on or through it is provided on an “as is” basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that DEOS and its affiliates and third party service providers shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site. Please note that the above disclaimer does not apply to products you may purchase through this site. Warranties and return rights concerning such products are governed by terms provided elsewhere in this site and by applicable law.

Choice of Law
This site is controlled and operated by DEOS from its offices in the State of New York, United States of America. Although this site can be accessed from other locations, by accessing this site you agree that these terms of use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of law principles. You also consent to personal jurisdiction in the City of New York, Manhattan County, and State of New York, including the United States District Court for the Southern and Eastern Districts of New York, and any and all State Courts, for any disputes arising hereunder. No software from this Web Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

User Communications
Any message you send to us via e-mail, postcard, letter, voice mail or other transmission relating to your use of this site, other than an actual order of merchandise, shall be and remain the property of DEOS, and DEOS shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name (or image, if applicable) in any such promotional use without your permission. You agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and e-mails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.

Site Operator
DEOS GROUP LLC, 15 West 37th Street, 14th Floor, New York, NY 10018 in conjunction with its third party service providers, owns and operates this Web Site. Artwork Rights & Agreements Any artwork and images displayed on www.dev.com is for illustrative purposes only, and is a property of the artist. Any images that are and/or will be used on the aforementioned website,will display the artists’ names. Images that are gathered from public areas, and stock photography websites will be displayed on the websites, the artists will be notified. The artist reserves the rights of ownership of his/her work, unless otherwise agreed upon. Original artwork and images created by the staff of DEOS GROUP LLC., are owned and copyrighted by the www.dev.com

Miscellaneous
These Terms constitute the entire agreement between DEOS and you relating to thesubject matter herein. If any of the above Terms of use is unlawful, void, or for any reason unenforceable, then that Term shall be deemed severable from the other Terms and shall not affect the validity and enforceability of any remaining Terms.

Deosphere
By submitting your design to DEOS, either for fabrication or to be featured on the DEOS website, you: (a) warrant and represent that you own or have the necessary licenses, rights, consents, and permissions to authorize the fabrication and/or display of the design; (b) hereby grant to DEOS a world-wide, perpetual and irrevocable, and royalty-free license to use your design for any and all purposes, as determined in DEOS’s sole discretion, and (c) agree to defend, indemnify and hold harmless DEOS from and against any losses, liabilities or damages (including reasonable attorney fees) incurred by DEOS in connection with any claim by a third-party that your design infringes upon such third-party’s copyright, trademark, or other intellectual property rights.