2. General. By accessing or linking to this Web Site, you assume the risk that this Web Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the "Content") on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. Diamant assumes no obligation to update the Content.
3. Equal Opportunity Employer. Diamant is an equal opportunity employer. Diamant recruits, employs, trains, compensates and promotes regardless of race, religion, color, national origin, sex, disability, age (40 and over) veteran status, and other protected status as required by applicable law.
4. Forward-Looking Statements. The information contained in (or accessible from) this Web Site may include forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. These forward-looking statements are not based on historical facts, but rather reflect the Company's current expectations concerning future results and events. Similarly, statements that describe the Company's objectives, plans or goals are or may be forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the actual results, performance or achievements of the Company to be different from any future results, performance and achievements expressed or implied by these statements. These risks, uncertainties and other factors include, among others: advertising market conditions worldwide; the public acceptance of the Company's movies, cable television, digital services and other content; the impact of competition and technological developments in our industries and on consumer behavior; the Company's ability to successfully launch its programming services to new and existing distribution platforms; changes in laws and regulations applicable to the Company's businesses; the impact of piracy; other domestic and global economic, business, competitive and/or regulatory factors affecting the Company's businesses generally; and other factors described in the Company's news releases and filings with the Securities and Exchange Commission, including, but not limited to, the Company's 2010 Annual Report on Form 10-K and Quarterly Reports on Form 10-Q filed thereafter. The forward-looking statements included in this Web Site are made only as of the date originally issued or indicated on the material and may no longer be accurate or complete, and, under Section 27A of the Securities Act and Section 21E of the Exchange Act, the Company does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
6. Disclaimers. THE WEB SITE, THE CONTENT, AND ALL E-MAILS SENT BY DIAMANT OR THE DIAMANT AFFILIATES ("E-MAILS") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, THIS WEB SITE, THE CONTENT, AND THE E-MAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
DIAMANT AND THE DIAMANT AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE WEB SITE, THE CONTENT, AND/OR THE E-MAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT NEITHER DIAMANT NOR THE DIAMANT AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY DIAMANT OR THE DIAMANT AFFILIATES.
DIAMANT AND THE DIAMANT AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS WEB SITE, THE CONTENT, OR THE E-MAILS. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. DIAMANT DOES NOT WARRANT THAT THE CONTENT, THE WEB SITE, OR THE E-MAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEB SITE, THE CONTENT, OR THE E-MAILS WILL BE CORRECTED, OR THAT THE WEB SITE, THE SERVERS THAT MAKE THE WEB SITE AND/OR THE CONTENT AVAILABLE, AND THE E-MAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitations of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM OR IN CONNECTION WITH THIS WEB SITE, THE CONTENT, THE E-MAILS, OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WEB SITE, THE CONTENT, OR THE E-MAILS, EVEN IF DIAMANT OR THE DIAMANT AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE WEB SITE, THE CONTENT, OR THE E-MAILS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE FOR ANY DAMAGES TO ANY COMPUTER EQUIPMENT OR PROPERTY IN CONNECTION WITH ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
IN NO EVENT WILL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL DIAMANT OR THE DIAMANT AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
9. E-mails. The contents of an e-mail (including any attachments) that you receive from any system of Diamant or the Diamant Affiliates are confidential to the sender and the intended recipient. The information contained in such e-mail may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and destroy all copies of the email in your possession. Please also reply to the sender and notify him or her that you have received such e-mail in error. Any views or opinions expressed in an e-mail that you receive from any system of Diamant or the Diamant Affiliates are solely those of the author of such email and do not necessarily represent those of Diamant or its affiliates unless specifically stated. The content of an e-mail that you receive from any system of Diamant or the Diamant Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. E-mail messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that e-mail messages and attachments do not damage your systems or data. E-mail messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing the web site, Diamant or the Diamant Affiliates any information. Neither Diamant nor any of the Diamant Affiliates are responsible for any improper, untimely, or incomplete transmission. Please note that Diamant and the Diamant Affiliates reserve the right to intercept, monitor, review and retain e-mail messages from external and internal sources as permitted by applicable law.
10. Your Use Of The Web Site. When using the Web Site, you are prohibited from: (i) violating any law; (ii) violating any right of Diamant or any third party, including, without limitation, intellectual property rights; (iii) uploading or transmitting viruses, Trojan horses or other harmful, disruptive or destructive files or otherwise interfering with any third party's uninterrupted use and enjoyment of the Web Site; and/or (iv) using or attempting to use another's information, account, password, service or system except as expressly permitted.
12. Registration. Certain areas of the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information on all registration pages. If you register with the Web Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. Diamant reserves the right to terminate membership and/or deny access to the Web Site to any person in its sole discretion.
This Web Site also contains links or references to other web sites maintained by third parties over which Diamant has no control. Diamant is not responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Diamant makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any content or information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply any endorsement or recommendation by Diamant.