Home: Web Site Terms and Conditions of Use

Harry Winston Diamond Corporation
Web Site Terms and Conditions of Use
Last Updated:  November 19, 2007

Thank you for visiting this Web site (this “Site”), which is provided by Harry Winston Diamond Corporation and its affiliated companies (collectively “Harry Winston Diamond Corporation” or the “Company”).  

Your access to and use of this Site is subject to the following terms of use (“Terms of Use”), our Privacy Policy, which is hereby incorporated by reference, other notices posted on the Site, and all applicable laws and regulations.  Please read these Terms of Use carefully before accessing and using this Site.

By accessing and using this Site, you signify your acceptance, without limitation or qualification, of these Terms of Use, and acknowledge that any other agreements between you and Harry Winston Diamond Corporation are hereby superseded with respect to the subject matter of these Terms of Use.  If you do not agree to and accept these Terms of Use, you are not authorized to use the Site, and you must exit the Site.

Harry Winston Diamond Corporation may revise these Terms of Use from time to time and without notice the revised Terms of Use will take effect as of the date of posting.  You are bound by any such revisions and, therefore, you should visit this page periodically to review the current Terms of Use.  For your convenience, the date of the last update to these Terms of Use appears at the top of this document.

Ownership of Content and Trademarks
Harry Winston Diamond Corporation has created this Site to provide information about Harry Winston Diamond Corporation, and products for your personal use.  This Site and all of its content, including, without limitation, all text, images, photographs, illustrations, icons, video clips, audio clips, written and other materials (collectively, the “Content”) are owned and copyrighted by Harry Winston Diamond Corporation or licensed to Harry Winston Diamond Corporation from third parties.  Furthermore, all trademarks on this Site, whether registered or unregistered, are owned by Harry Winston Diamond Corporation or licensed to Harry Winston Diamond Corporation or used under license from third parties.  The trademarks of others that are referenced in this Site are used for identification purposes only.  Except as provided in these Terms of Use, your use of any Content or trademarks without the written permission of the relevant Content or trademark owner is strictly prohibited.  You are also advised that Harry Winston Diamond Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include seeking criminal prosecution.  Nothing contained in this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on this Site without the prior written permission of Harry Winston Diamond Corporation or the third party who owns such trademarks.

Limited Right To Use This Site
            1.         You may download and use the Content solely for your noncommercial, personal use, provided that you do not modify, delete or change any copyright, trademark, or other proprietary notices on or relating to the Content.  No licenses or rights in the Content, expressed or implied, are granted by these Terms of Use, which rights are hereby reserved.  
            2.         Except as set forth above, you may not sell, reproduce, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from or based on, transfer, sell, publicly perform, report or otherwise use Content without Harry Winston Diamond Corporation’s prior written permission.  Publishing or reproducing includes any uploading, downloading or accessing information on this Site onto the Internet or any other local or international computer system.
            3.         To the extent you are permitted to post or upload information or data to the Site.  You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to a civil liability, violate any law or otherwise violate the rights of any person or company. 
            4.         You are prohibited from using the Site to advertise or perform any commercial solicitation.
If you violate any of these terms, your permission to use this Site and the Content will automatically terminate and you must immediately destroy any and all copies you have made of the Content.  Any unauthorized use of the Content by you may violate copyright laws, trademark laws, the laws of privacy, publicity and personality rights, and/or communications regulations and statutes.

Your Submissions
Any personally identifiable information you transmit or upload to the Site will be treated by Harry Winston Diamond Corporation in accordance with its Privacy Policy.

Disclaimer of Warranties
THIS SITE AND ALL THE CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU “AS IS,” “WHERE-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, OR ACCURACY, RELIABILITY AND TIMELINESS.  NOTWITHSTANDING THE FOREGOING, Harry Winston Diamond Corporation DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE SITE WILL BE ERROR FREE OR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER POSSIBLY HARMFUL ELEMENTS.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER Harry Winston Diamond Corporation NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR AGENTS ARE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR USE OF THE CONTENT ON THIS SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

Cautionary Language Regarding Forward-Looking Statements
Information in this Site that is not current or historical factual information may constitute forward-looking information or statements within the meaning of applicable securities laws.  Users to this Site are cautioned that actual results are subject to a number of risks and uncertainties, including risks relating to general economic conditions and mining and retail operations, and could differ materially from what is currently expected.  Harry Winston Diamond Corporation disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Links
This Site may offer you links to other web sites that are owned or operated by parties other than Harry Winston Diamond Corporation.  Such links are provided for your convenience only.  If you link to any of these sites, you do so at your own risk.  Harry Winston Diamond Corporation does not control, and is not responsible for, the content or privacy practices of such sites.  In particular, Harry Winston Diamond Corporation does not assume any responsibility for the completeness or accuracy of information which is contained on Diavik's website concerning the Diavik Mine but which is not otherwise expressly provided on this website or in Harry Winston Diamond Corporation's own reports and releases linked through this website. The inclusion of any link to such sites does not imply endorsement by Harry Winston Diamond Corporation of such sites or any products or services available on such sites.

Termination
You agree that Harry Winston Diamond Corporation may terminate your use of the Site for any reason, in Harry Winston Diamond Corporation’s sole discretion, with or without notice to you.  You also agree that Harry Winston Diamond Corporation may modify or discontinue this Site, with or without notice to you, and that Harry Winston Diamond Corporation will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms of Use shall survive any such termination.

Representation
You represent and warrant that you are at least eighteen years of age. You warrant that you will use this Site in accordance with these Terms of Use and all applicable laws and regulations.

General Provisions
Harry Winston Diamond Corporation makes no representation that the Content is appropriate or available for use in every country of the world.  You are solely responsible for compliance with applicable local laws, keeping in mind that access to certain Content may not be legal by certain persons or in certain countries.  Although Harry Winston Diamond Corporation’s products are available in many parts of the world, this Site may describe products that are not available worldwide.

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to its choice of law provisions.  You agree that the courts of the Province of Ontario will have exclusive jurisdiction over any and all disputes concerning these Terms of Use and/or the Site.  The waiver by Harry Winston Diamond Corporation of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.  If any provision of these Terms of Use is determined by a competent authority to be prohibited or unenforceable in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms of Use, and any such prohibition or unenforceability in such jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.