Terms of Use
Welcome to DIAN3D.com. Transocean Resources Management, Inc and/or its affiliates ("DIAN3D") provide website features and other products and services to you when you visit or shop at DIAN3D.com, use DIAN3D products or services, use DIAN3D applications for mobile, and other device-based applications on various platforms, including, without limitation, Android and iOS(collectively, the "App"), or use software provided by DIAN3D in connection with any of the foregoing (collectively, "DIAN3D Services"). These Terms of Use, as may be modified by DIAN3D from time to time (the "Terms"), constitute a legally binding agreement between you and DIAN3D.com that applies to your DIAN3D.com account and your use of the App and the Services, including any viewing or submission of content in the Services. DIAN3D provides the DIAN3D Services subject to the following conditions.
Please read the following terms and conditions of use carefully before using the website.
YOUR AGREEMENT TO THESE TERMSBy using DIAN3D Services and/or the App, you agree to these conditions. Please read them carefully.
We offer a wide range of DIAN3D Services, and sometimes additional terms may apply. When you use a DIAN3D Service (for example, Your Profile, Gift Cards, DIAN3D Points, DIAN3D Videos, or DIAN3D applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that DIAN3D Service ("Service Terms"). You are authorized to use the Services and the App only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and these Terms. If you do not agree to be bound by these Terms and to abide by all Applicable Law, you must discontinue use of the Services and uninstall the App immediately. We reserve the right to modify these Terms at any time and from time to time, and each such modification shall be effective upon posting on the Services. Your continued use of the Services and/or App following any such modification constitutes your agreement to be bound by and your acceptance of the Terms as so modified. It is therefore important that you review these Terms regularly. Your use of, or participation in, certain Services may also be subject to different or additional terms without advanced notice. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACYUse of the Services is also governed by our Privacy Policy, which is available on the Sites and is incorporated into these Terms by this reference.
ELECTRONIC COMMUNICATIONSWhen you use any DIAN3D Service, or send e-mails, live chat, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, live chat, texts, mobile push notices, or notices and messages on this site or through the other DIAN3D Services, such as our Message Center and App.
COPYRIGHTAll content included in or made available through any DIAN3D Service, such as text, graphics, logos, button icons, images, video clips, digital downloads, data compilations, and software is the property of DIAN3D or its content suppliers and protected by Canada and international copyright laws. The compilation of all content included in or made available through any DIAN3D Service is the exclusive property of DIAN3D and protected by Canada and international copyright laws.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with DIAN3D.com or purchasing DIAN3D.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with DIAN3D.com or to purchase DIAN3D.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by DIAN3D.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKSDIAN3D’s graphics, logos, page headers, button icons, scripts, and service names included in or made available through any DIAN3D Service are trademarks of DIAN3D in Canada and other countries. DIAN3D's trademarks may not be used in connection with any product or service that is not DIAN3D's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DIAN3D. All other trademarks not owned by DIAN3D that appear in any DIAN3D Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DIAN3D.
LICENSE AND ACCESSSubject to your compliance with these Terms of Use and your payment of any applicable fees, DIAN3D or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the DIAN3D Services. This license does not include any resale or commercial use of any DIAN3D Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any DIAN3D Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by DIAN3D or its licensors, suppliers, publishers, rightsholders, or other content providers. No DIAN3D Service, nor any part of any DIAN3D Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DIAN3D. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DIAN3D without express written consent. You may not use any meta tags or any other "hidden text" utilizing DIAN3D's name or trademarks without the express written consent of DIAN3D. You may not misuse the DIAN3D Services. You may use the DIAN3D Services only as permitted by law. The licenses granted by DIAN3D terminate if you do not comply with these Terms of Use or any Service Terms.
YOUR ACCOUNTIf you use any DIAN3D Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DIAN3D.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, indemnification and miscellaneous, shall survive any termination.
You may not create multiple accounts and/or invite your own accounts in the attempt to receive discounts, free gifts, credits, or participate in promotions and sweepstakes. DIAN3D reserves the rights to refuse service to any accounts including but not limit to honor pricing/discounts, promotions, free gifts, or sweepstakes prize at DIAN3D’s sole discretion.
AGE REQUIREMENTDIAN3D does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the DIAN3D Services only under the supervision of a parent or guardian. Alcohol and adult product listings on DIAN3D are intended for adults only. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol; you must be at least 18 years of age to view or purchase adult related products. DIAN3D is not responsible for purchases made by anyone under the required age to use our website. DIAN3D reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if the age requirement is not met.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENTVisitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate DIAN3D’s communications policy. DIAN3D.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, DIAN3D.com is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, DIAN3D.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, offensive, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) illegal, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited messages, (e) or otherwise unacceptable to DIAN3D.com in its sole discretion.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DIAN3D reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DIAN3D a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DIAN3D and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DIAN3D for all claims resulting from content you supply. DIAN3D has the right but not the obligation to monitor and edit or remove any activity or content. DIAN3D takes no responsibility and assumes no liability for any content posted by you or any third party.
Harassment in any manner or form on the site, by use of obscene or abusive language, via e-mail, chat, phone, product reviews, or comments is strictly forbidden. Impersonation of others, including a DIAN3D.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
RISK OF LOSSAll items purchased from DIAN3D and DIAN3D Marketplace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLEDIAN3D does not issue a refund to returned item(s) until the item arrives and been inspected at our returns center. Your refund will be issued back to your original form of payment in the following orders: DIAN3D Gift Cards,DIAN3D Points, original form of payment. At our discretion, a refund may be issued without requiring a return. In this situation, DIAN3D does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Policy
PRODUCT DESCRIPTIONSDue to product improvements design, specifications are subject to change without notice. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. DIAN3D does not warrant that product descriptions or other content of any DIAN3D Service is accurate, complete, reliable, current, or error-free. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. We accept no liability for inaccuracies or misstatements about products by marketplace sellers. If a product offered by DIAN3D itself is not as described, your sole remedy is to return it in unused condition.
SALES TAX & REGULATORY FEESItems sold on DIAN3D.com and shipped to destinations in the following states are subjected to tax:
- British Columbia
- Canada
If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. The amount of tax charged on your order will depend upon many factors including type of item purchase, and destination of the shipment. Factors can change between the time you place an order and the time of credit card charge authorization, which could affect the calculation of sales taxes. The amount appearing on your order as Estimated Tax may differ from the sales taxes ultimately charged.
Note:
No sales tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.
PRICINGPrices are subject to change without notice. We do our best to make sure that all of the information on this site is accurate. Despite our best efforts, sometimes an item may be priced incorrectly. In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, DIAN3D reserves the right to cancel any orders placed for product listed at the incorrect price.
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
Parties other than DIAN3D operate stores, provide services, or sell product lines through the DIAN3D Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. DIAN3D does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DIAN3D SOFTWARE (APP) TERMSWhen you use apps created by DIAN3D, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. By using DIAN3D Software, you agree to the following terms:
Use of the DIAN3D Software(App). You may use DIAN3D Software solely for purposes of enabling you to use and enjoy the DIAN3D Services as provided by DIAN3D, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the DIAN3D Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the DIAN3D Software or otherwise assign any rights to the DIAN3D Software in whole or in part. You may not use the DIAN3D Software for any illegal purpose. We may cease providing any DIAN3D Software and we may terminate your right to use any DIAN3D Software at any time. Your rights to use the DIAN3D Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain DIAN3D Software that are specifically identified in related documentation may apply to that DIAN3D Software (or software incorporated with the DIAN3D Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any DIAN3D Service is the property of DIAN3D or its software suppliers and protected by Canada and international copyright laws.
Use of Third Party Services. When you use the DIAN3D Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the DIAN3D Software, whether in whole or in part, or create any derivative works from or of the DIAN3D Software.
Updates. In order to keep the DIAN3D Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Product pages contain information provided by third-party sellers and other content providers. Despite our best efforts to make sure that information is accurate, we don’t guarantee it, and images, descriptions, specifications, or other attributes may be incomplete, out of date, unreliable or miscategorized. Before you buy, use or consume a product, you should always review nutritional, ingredient and allergen information and any warnings or instructions. We don’t guarantee the accuracy of nutritional labels or any other information on product packaging.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITYTHE DIAN3D SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIAN3D SERVICES ARE PROVIDED BY DIAN3D ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIAN3D MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIAN3D SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIAN3D SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIAN3D SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIAN3D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIAN3D DOES NOT WARRANT THAT THE DIAN3D SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIAN3D SERVICES, DIAN3D'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DIAN3D ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIAN3D WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DIAN3D SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DIAN3D SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless DIAN3D.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.