Terms & Conditions
By entering this site, you acknowledge and affirm that you are at least twenty-one (21) years old, the legal drinking age in the United States. If you are under 21, you are not allowed to access or use this website, including all advertising, marketing, and sales information and functions on the site. You further acknowledge and agree that you must be of legal drinking age to purchase or consume any of the Diamond Brands products or merchandise or to participate in any of our promotions or other offers available on this Web site or in any other communications.
We reserve the right, in our sole discretion and without notice to you, to modify or update these Terms & Conditions from time to time with immediate effect. It is your responsibility to review these Terms & Conditions periodically for updates.
Permitted Use of this Website
You have a non-transferable, non-exclusive license to access, view information, and interact with this website, solely for your own personal use. You agree not to use this website for any unlawful purpose.
This website is intended to be used and accessed by people who are of legal age to purchase and consume alcohol. If you are not of legal age in your country of residence and country from which you are accessing this website, YOU MUST EXIT THIS WEBSITE IMMEDIATELY. Continued use of this website constitutes an acknowledgement by you that you are of legal age to purchase and consume alcohol in the country from which you are accessing this website.
The content of the pages of this website is for general information and use only. It is subject to change without notice. You are free to browse this website and download material for non-commercial, lawful, personal use only, provided all copyright, mandatory information required by the federal Alcohol and Tobacco Tax and Trade Bureau in 27 CFR Part 4, and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws or other laws. Commercial use of this website is prohibited except with express prior written consent from Diamond Brands. All rights not expressly granted here are reserved to Diamond Brands.
You may not use any tools, including, but not limited to: web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of this website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain materials, documents or information, through any means not purposely made available through the website.
Rights to Content and Intellectual Property
This website contains material, including name, logo, trademark, service mark, patent, design, copyright, or other intellectual property, which is owned or licensed by Diamond Brands, or its parents, affiliates or subsidiaries. Such information may not be used by you without express prior written consent of Diamond Brands.
Except as otherwise provided, the copyrights to all materials, content and lay-out of this website, including text, user and visual interfaces, images, look and feel, design, sound, and any underlying software and computer codes, are proprietary to Diamond Brands, its parents, affiliates, subsidiaries, or third-party licensors. Except as permitted herein, you may not rent, retransmit, publish, sell, assign, lease, sublicense, market, transfer, copy, reproduce, republish, upload, broadcast, encode, modify, translate, commercially exploit, distribute or retransmit any portion of this website or make any derivative works from this website in any way without express prior written consent from Diamond Brands.
Your use of this website does not grant you any right, title, interest or license to any such intellectual property appearing on this website. Diamond Brands retains all ownership rights in this website.
Any unauthorized use of the content of this website may subject you to civil or criminal fines or penalties.
Promotions; Programs; Information about Operations; Events
Diamond Brands may offer promotions, discounts, sales, memberships, or other programs or services (“offerings”) on its website from time to time. Diamond Brands reserves the right, from time to time, and at its sole and absolute discretion, to discontinue or change, amend, or alter any terms and conditions of such offerings.
Diamond Brands further does not guarantee the accuracy of information on the website, such as Diamond Brands hours of operation or promotional event details. Such information may change from time to time and Diamond Brands assumes no responsibility for updating such information on its website.
Nothing contained on the website shall be interpreted to either expressly or impliedly create any contract with user regarding any Diamond Brands promotions or events.
This website may provide you with the capability to send emails, post comments, photographs, illustrations, videos, and/or other communications. You acknowledge and agree to the following terms with respect to such communications:
Diamond Brands does not endorse any user communications or any opinion, recommendation, or advice expressed in any communication and expressly disclaims any and all liability in connection with user communications.
Diamond Brands reserves the right, in its sole discretion and at any time without prior notice, to deny the publishing of any user communications, to remove communications, and/or terminate your access to providing communications.
Third Party Vendors
You may order, use services or merchandise, or contract for services or events for which third parties not affiliated with Diamond Brands (”Third Party Vendors”), including preferred Third Party Vendors, may be involved. All matters concerning such services and merchandise desired from Third Party Vendors, including but not limited to purchase terms, payment terms, warranties, guarantees, license terms, maintenance and delivery, are solely between the Third Party Vendors and you. Diamond Brands makes no warranties or representations whatsoever with regard to any such services or merchandise provided by Third Party Vendors. You shall not consider Diamond Brands, nor will Diamond Brands be construed, as a party to, or a third party beneficiary of, such transactions, whether or not Diamond Brands may have received revenue or other remuneration in connection with the transaction. Diamond Brands will not be liable to you for any costs or damages incurred by you or any other person with respect to or arising out of transactions with any Third Party Vendors.
You agree to defend, indemnify and hold Diamond Brands, its officers, directors, licensors, parents, affiliates, subsidiaries, employees or agents, and owners, harmless from and against any and all claims, damages, demands, fines, penalties, costs, fees, expenses or amounts of any kind or nature whatsoever, including without limitation, attorneys’ fees, arising from or related to your use of this website or failure to abide by any applicable law and these Terms and Conditions. You also agree to cooperate fully in the defense of any of the foregoing.
We reserve the right to terminate or restrict your access to this website in our sole discretion, without notice and without limitation, for any reason, and without liability to you or any third party.
Disclaimers of Warranties
You expressly understand and agree that:
This website is provided to you on an “AS IS” and “WITH ALL FAULTS” basis. Neither Diamond Brands nor any third parties provide any warranty or guarantees as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies, omissions, errors, or other defects and Diamond Brands expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Diamond Brands shall not be liable to you if you are unable, for any reason, to access information through this website. Diamond Brands makes and you receive no warranty, whether express or implied. Diamond Brands expressly excludes and disclaims all warranties, express or implied, including without limitation warranties of merchantability, fitness, title, and non-infringement. No advice or information, whether oral or written, obtained by you from us or from or through the website shall create any warranty.
Limitation of Liability
You expressly understand and agree:
In no event shall Diamond Brands or any of its respective officers, directors, licensors, employees or agents, be liable for any damages, claim or loss incurred by you (including without limitation, compensatory, incidental, direct, indirect, special, consequential or exemplary/punitive damages, including but not limited to lost profits, goodwill, use, data, or other intangible losses), irrespective of whether Diamoind Brands was informed of, knew of, or should have known of the likelihood of such damages, arising out of or in connection with the use of this website or its content. This limitation applies to all cause of action in the aggregate, including without limitation, in contract, tort, strict liability, third-party claims, or any other cause of action. We also have no liability for any viruses or anything beyond our control, including damage to your computer, software, modem, telephone, other communications devices or property resulting from your use of this website. For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your use of this website, you hereby agree to release and waive any and all claims and/or liability against Diamond Brands and any of its respective officers, directors, licensors, employees or agents, if any, arising from or in connection with your use of this website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such event, some of the above limitations may not apply to you.
This agreement shall constitute the entire agreement between you and Diamond Brands and govern your use of the website, superseding any prior agreements between you and us.
This agreement shall be construed and enforced under the laws of the State of California without regard to conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of California.
Any failure on the part of Diamond Brands to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
If any provision of this agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of this agreement shall remain in full force and effect and the invalid or unenforceable provision shall be deemed replaced by a valid, enforceable provision that effectuates the intent of the original provision. You further 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 website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Diamond Brands uses its best efforts to respect the privacy and safety of its on-line visitors. Diamond Brands does not maintain a “chat” room. Diamond Brands may ask you for your name, age, address, comments, suggestions or other information. Also, your email address and/or your domain name will be automatically recognized when you visit our site.
Access to Diamond Brands website is permitted only for people of legal drinking age. Visitors are required to verify their date of birth before they can enter the website. If we receive notice or believe that someone under the legal drinking age has accessed the website in violation of the age restrictions and provided us with personal information, we will promptly remove this information from our records.
Certain limited information is recorded by Diamond Brands Internet servers when you visit the site. This limited information includes the type of browser you are using (such as Google Chrome, Netscape Navigator, Firefox, or Microsoft Internet Explorer) and the operating system your computer is using (such as various versions of Windows). Diamond Brands Internet servers also keep track of the number of visitors to the site, the pages they visited and how long they stayed. None of this information includes any personal information about you. Diamond Brands will not know personal identifiable information unless you voluntarily submit or e-mail such information to Diamond Brands. Our purpose in gathering this personal information is for internal business purposes only or to enable us to contact you to notify that you have been selected as a winner of a contest or promotion, subject to the applicable rules.
It is your choice to provide us with personal information. We will only collect personal information that you choose to provide. In certain instances, we may provide you with the option to select whether you would like to receive information from us or from third parties (for example, you may choose to opt in or opt out of receiving special promotional offer). If you have chosen to participate or “opt in” to a promotional offer or to receive communications and you no longer wish to participate or receive further communications, you may opt out by using the “unsubscribe” link provided in each communication that we send.
In some circumstances, you will not have the option to opt out, such as when we are satisfying the obligations of a contract with you, administering a transaction requested by you, or required by law.
You may choose to provide us with personal information if, for example, you may (1) contact us with an inquiry; (2) register on the site; (3) forward an item to a friend; (4) purchase an item; (5) fill out a survey or other form with your personal information included; (6) ask us to provide you with information; (7) enter a competition; (8) post information to public areas of the site; or (8) take advantage of a promotion.
By providing any personal information to us, you fully understand and clearly consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with the Privacy and Cookie Notice.
Magnifico is a registered trademark of Diamond Brands.