Welcome to shop.diesel.com (the "Site"), which is operated for DIESEL USA Inc. ("DIESEL" or "we" or "our"). These terms and conditions (the "General Terms and Conditions of Use") govern your use of, access to, and purchase of products from the Site. The Site is not intended for children. Individuals ("Users" or "you" or "your") who use the Site accept and agree to be bound by these General Terms and Conditions of Use. If you do not want to accept the General Terms and Conditions of Use, please do not use the Site.
The Site is operated for DIESEL USA Inc., which is located at 220 W. 19th St., New York, New York USA 10011.
2. USE OF THE SITE
3. NOT FOR RESALE
You may only purchase products on the Site for personal use, not for resale. By placing your order on the Site, you certify that you are only purchasing products for personal use and not for resale.
WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
4. SUBMISSIONS TO THE SITE
We welcome your comments and feedback regarding the Site, and our products and services, but we do not accept confidential or proprietary information. All comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions (collectively, the “Submissions”) disclosed, submitted or offered to DIESEL, through the Site or otherwise, are not confidential. You represent and warrant that any Submissions you disclose, submit or offer to DIESEL are made in compliance with applicable laws and do not violate any right of any third party, including privacy and intellectual property rights. By disclosing, submitting or offering any Submissions to DIESEL, you grant DIESEL a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute or display such Submissions throughout the world in any media. You are and will remain solely responsible for any Submissions you disclose, submit or offer to DIESEL.
6. INTELLECTUAL PROPERTY
All content on the Site, including but not limited to, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the property of DIESEL or its content suppliers, and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of DIESEL or its content suppliers. DIESEL and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. DIESEL and its content suppliers have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation of the Content in anyway, expressly authorized in writing by DIESEL or its content suppliers, must be carried out by you only for lawful purposes and in compliance with all applicable laws.
7. ACCESS TO THE SITE LICENSING
The viewing, printing or downloading of any Content from the Site, only grants you a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use, but not including for resale or redistribution. Any unauthorized use of the Site and its Content immediately terminates your license to use the Site.
You will be solely responsible for all damages and other harm resulting from your use of the Site and the Content. DIESEL will not be liable for your use of the Site and Content that is in violation of any applicable laws and regulations and these General Terms and Conditions of Use.
8. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that your work has been used in a way that constitutes copyright infringement, please contact a DIESEL copyright representative for further information at email@example.com.
9. LINKS TO OUTSIDE WEBSITES
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT ANY EXPRESS, IMPLIED OR OTHER WARRANTIES OF ANY KIND BY DIESEL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES WILL DIESEL BE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
10. GOVERNING LAW
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Use, including, without limitation, their validity, interpretation, construction, performance and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Use will be brought solely in and for the state and federal courts in and for New York, New York, USA.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DIESEL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIESEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIESEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIESEL DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; SERVERS ON WHICH THE SITE OPERATES; OR EMAIL SENT FROM DIESEL, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIESEL WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, DIESEL'S SOLE AND EXCLUSIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR YOUR PURCHASE OF MERCHANDISE FROM THIS SITE. THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF DIESEL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL THEIR ESSENTIAL PURPOSE.
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.