1. ACCEPTANCE OF TERMS
Welcome. The TeamDiamond OBCPro ("TDOBC") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice.
2. DESCRIPTION OF SERVICE
TDOBC currently provides users with access to a rich collection of resources, including, various communications tools, and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TDOBC properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that TDOBC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service through your own computer and your own Internet service provider.
TDOBC has a modest, NON-refundable monthly subscription to cover the costs of developing, maintaining, hosting and providing security for the system for all members. This is basically to share the costs of developing, maintaining, hosting and future-proofing the OBCPro fairly amongst all its users. The first month (1) is free for a new member.
4. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form.
Registration Data and other information you provide will NEVER be passed on by TDOBC to anyone outside TeamDiamond.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. TDOBC will not be liable for anything that arises from your failure to comply with this.
7. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TDOBC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will TDOBC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a TDOBC official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose, including posting advertisments or links to your site in News Groups, Chat Rooms, or News Rooms that have not been specifically created for home-business or Network Marketing interest groups (this means you agree to NOT post advertisments in News Groups, or similar, unless those News Groups, or similar, have been specifically created for the Network Marketing or Home-based businesses arena);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that TDOBC does not pre-screen Content, but that TDOBC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
TDOBC does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or TDOBC removes such Content from the Service.
You agree to indemnify and hold TDOBC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TDOBC may establish general practices and limits concerning use of the Service, and you agree that TDOBC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
13. MODIFICATIONS TO SERVICE
TDOBC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TDOBC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TDOBC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use, not qualifying with 100 Life Points with 4Life in any particular month, or if TDOBC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TDOBC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TDOBC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TDOBC shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TDOBC has no control over such sites and resources, you acknowledge and agree that TDOBC 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 TDOBC 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.
16. TDOBC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property, copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, post to the Internet, distribute or create derivative works based on the Service or the Software, in whole or in part.
TDOBC grants you a personal, non-transferable and non-exclusive right and license to use its OBCPro Software, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Service by any means other than through the interface that is provided by TDOBC for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TDOBC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TDOBC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TDOBC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TDOBC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TDOBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
19. LOGOS AND DOMAIN NAME USEAGE
The teamdiamond.cc, teamdiamond.biz, working-from-home.biz, www.working-from-home.cc, OBC, OBCPro, OBCHome.com (logos and domain names), Slimming4Life, 4HealthDirect, Permanent Income App, and other TDOBC logos, domain names, product and service names are trademarks of TDOBC (the "TDOBC Marks"). You agree not to display or use the TDOBC Marks in any manner without TDOBC's prior written permission. You are authorised to use the www.working-from-home.biz domain in your advertising as long as you have your access code displayed like this: www.working-from-.biz/xxxx. You are not authourised to use this domain in search engine or website advertising. For that you must acquire your own domain name and have it "mapped" to your wfh.biz/xxxx website.
TDOBC respects the intellectual property of others, and we ask our users to do the same.
21. CONDUCT AFTER TERMINATION OR VOLUNTARILY LEAVING THE PROGRAM
After termination or voluntarily exiting from the program, you agree to not send emails, post, facsimile, or use any other method to contact current TeamDiamond Members promoting any other business scheme (or for any reason whatever).
22. PROSPECTS NOT BEING SERVICED IN A TIMELY FASHION
Any Prospects sitting on your Sponsoring Center for longer than 7 days without any notes showing that you have tried to make contact, may be transferred to your immediate Upline so they can honor the commitment to the Prospect by sending the requested information. Your immediate Upline must have tried to contact you requesting your approval before such transfers take place. Such transferring is an endevour to treat the Prospect with the respect and integrity they deserve and to maintain the good name of all TeamDiamond Members and the TDOBC program itself. Any Prospect sitting in "Awaiting Activation" mode for more than 14 days may be transferred automatically by Basil to your immediate Upline without reference to you. Again this is to treat our Prospects with the honor and dignity they deserve. That way, at least the Prospect will receive information from someone - and it may be that your Upline will handle the Propsect on your behalf. If you are not actively working your OBCPro (judged by the way Prospects are not being serviced in a timely fashion), Basil may transfer them to the immediate Upline.
23. CANCELLATION OF SERVICE
You can cancel your OBCPRo subscription at any time. You must do this via your own Paypal account. The instructions on how to do this are supplied to you by Paypal when you subscribe, and are also posted inside the Learning Center of your OBCPro. You understand and agree that this is a NON refundable service, and there is no liabilty whatsoever for TDOBC to refund you any amount for any reason. It is your responsiblity to cancel your own subscription.
24. USING TEAMDIAMOND INFORMATION
It is not permitted to post any TeamDiamond information onto any website without written permission. This in particular includes any testimonial, whether this be about improving health, or making money.
25. GENERAL INFORMATION
The TOS constitute the entire agreement between you and TDOBC and govern your use of the Service, superceding any prior agreements between you and TDOBC. The failure of TDOBC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.