TERMS AND CONDITIONS OF MEMBERSHIP
The Diamond Club is a private membership club and dining society, bringing together people
from across the globe for culinary, cultural, artistic and social interaction and exchanges.
Membership is by invitation only. We invite you to peruse our website and explore the world of
The Diamond Club. Your use and enjoyment of this Exclusive Private Club is subject to the
following Terms & Conditions as well as the Privacy Policy.
1. Use of The Diamond Club Service(s)
1.1 Please read these Terms & Conditions (the Terms) as well as the Privacy Policy (Terms and Privacy Policy collectively the Terms of Use) prior to using The Diamond Club Lounge
and Services provided, which is operated by The Diamond Club / Whiskey Tavern, LLC (The
Diamond Club), a limited liability company registered in the State of Louisiana.
1.2 By being a Member (as defined below), using and/or registering with The Diamond Club at
Whiskey Tavern, The Diamond Club Lounge, by participating in any Event (as defined below) or
using any of our Services (as defined below), you hereby agree to be bound by these Terms of
Use as amended from time to time.
1.3 From time to time we may modify the Terms of Use. Accordingly, please review the Terms of
Use regularly and whenever accessing or using The Diamond Club, in advance of your
attendance at any Event and before using any Service. As a member and/or Event attendee,
and/or as a result of your continued use of The Diamond Club or any Services subsequent to
any such modifications constitutes your agreement to abide by and be bound by the Terms of
Use, as amended.
1.4 If at any time you do not wish to accept the Terms of Use, you are instructed to NOT use
The Diamond Club, attend Events and/or use our Services. Please contact
thediamondclubcovington@gmail.com if you have any questions in this regard.
1.5 From time to time The Diamond Club may run competitions and promotions. Where
applicable, separate terms and conditions shall be displayed, which will govern such
competitions and promotions.
2. Definitions
2.1 Communications means any and all communications submitted by you in connection with The
Diamond Club or any of The Diamond Club Service(s), including but not limited to
communications with other Users or between Members;
2.2 Contribution means any and all contributions by Users via or to The Diamond Club including
but not limited to any text and/or images submitted for personal profiles and any material posted
on any message boards or via message boxes; Social Media, Emails, etc.
2.3 Event means any event organized by The Diamond Club including but not limited to
Introductory Events;
2.4 Guest means a person who is a guest of a Member and who has been prior approved in writing
by us to purchase tickets for and attend an Event with the relevant Member (as the case may
be) in accordance with such terms as we may require for such attendance;
2.5 “Guest List” means a list held by us that states the names of all persons, whether a Member,
Guest, or third party, who are authorized and confirmed by us to attend The Diamond Club or a
specific Event;
2.6 Introductory Event means an introductory event to which you may be invited as an existing
Member or a Guest;
2.7 Member means any person whose application for registration as a member with The Diamond
Club has been accepted by us and remains valid;
2.8 Service means the service provided by The Diamond Club to Members and/or Member
together with any and all associated benefits including the ability to participate in Events and
Services provided by The Diamond Club;
2.9 User means any User of The Diamond Club Service(s) or Website including but not limited to
Members;
2.10 Registered User means any Users who register with the Diamond Club but who have not yet
been accepted as a Member, including but not limited to Users who sign up to our newsletters
and e-bulletins.
2.11 “Waitlist” means the list of names held by us for each Event whereby those on said list are not
confirmed to attend the Event but have requested that they be allowed to attend said Event in
the event of a cancellation or opening in the guest list occurs.
3. Accessing The Diamond Club, The Diamond Club Services and/or Website
3.1 If you are provided with a user name, identification code, password or any other piece of
information as part of our security procedures, you must treat such information as personal and
confidential to you, and you must not disclose this to any third party. We have the right to
disable any user name, identification code, password, or other security procedures (whether
chosen by you or allocated by us), at any time, if in our opinion you have failed to comply with
any of these Terms.
3.2 You are responsible for making all arrangements necessary for you to have access to The
Diamond Club, The Diamond Club Lounge, The Diamond Club Services and Website. You are
also responsible for and shall remain liable for anyone accessing or using The Diamond Club
and /or Service(s) using your user name, identification code, password or other information
provided as part of our security procedures. Please ensure that anyone accessing The Diamond
Club, The Diamond Club Service(s) or our Website through your internet connection is aware of
these Terms.
4. How a contract is formed between you and us.
4.1 Any quotation given by us is only an invitation to apply for membership to subscribe to an
additional membership service or to participate in an Event, as the case may be. No contract will
exist between us until you have submitted to us such an application and we have accepted this
by means of a confirmation email.
5. Membership and Membership Fees
5.1 You can apply to become a Member by completing The Diamond Club Application. There is
no cost to apply to become a Member. Applicants or their Guests may be invited by The
Diamond Club in its absolute discretion to become full Members after having attended an
Introductory Event.
5.2 The Diamond Club will offer various Membership tiers at various prices in the future, each
with different privileges and limitations. You may ask for details of the various future annual
Membership privileges, limitations and fees, when applying for membership or at any time as a
member.
5.3 All Membership fees are payable in U.S. Dollars inclusive of any applicable sales taxes, in
those cases where The Diamond Club is obliged to collect such taxes. All such fees are payable
via our monthly subscription ACH Bank Draft or using a Credit or Debit card only. Payments will
not be treated as having been made until The Diamond Club has received cleared funds in
respect of all sums due.
5.4 Prospective Members shall not be given access to the Member-only Services until such time
as payment for the full Membership fee, for the applicable Membership tier, has been received
by us.
5.5 All Memberships are annual, and full payment is due upfront in advance of the year or paid
monthly through an auto ACH Bank Draft, Credit or Debit Card. Your Membership year shall
commence upon the date your Membership is accepted by us and automatically renew 1 year
thereafter. You may cancel your membership for a full refund by notifying us in writing within
seven (3) calendar days of the day after you have requested your Membership. You forfeit and
waive your right to cancel pursuant to this paragraph if you have attended an Event during this
seven (3) day period. We will refund any valid cancellations within thirty (30) days of receipt of
your notice to cancel. After this seven (3) day period you will not be entitled to a refund (in whole
or part) of the Membership fee.
5.6 We have the right at our absolute and sole discretion to limit the number of Members or to
refuse Membership in the first instance or Membership renewal to any person for any reason.
5.7 We may change our policy on membership and subscription fees at any time and any
change will be immediately effective for new members and effective upon renewal of
membership for existing Members.
6. Events and Event fees
6.1 Members & Guests shall be subject to Event fees in our sole discretion. Event fees, if any,
are determined on an event-by- event basis. Fees are displayed on the Website and are in U.S.
Dollars. All Event fees are payable using a Credit or Debit card only and must be paid in
advance of attendance. Payments for Events will not be treated as having been made until we
have received cleared funds in respect of all sums due, and we reserve the right to refuse
admission to an Event in cases of non-payment prior to the relevant Event.
6.2 Except for Introductory Events, or where you and/or your Guest’s attendance for an Event
has been prior approved by us in writing, you must be a current and valid Member to attend or
participate in any Event and be added to the Guest List. We may require that any and all
Members, Guests and/or other Event attendees have a valid e-ticket (or other identifier) prior to
being granted access to an Event. We reserve the right to refuse you or Guest(s) admission or
to stop your or their continued participation in an Event if you/they do not have a valid e-ticket
(or other identifier) and/or if your/their name(s) are not on the Event Guest List.
6.3 Subject to availability restrictions, Members are eligible to buy tickets for, attend and
participate in Events. Each Member may nominate Guests who may buy tickets for, attend and
participate in an Event. Acceptance of requests for tickets to attend Events is entirely at The
Diamond Club's discretion.
6.4 We have the right at our absolute discretion to limit the number of Members or Guests who
may attend any Event or on reasonable grounds to prevent any Member or Guest from taking
part in or continuing to participate in any Event.
6.5 We reserve the right to cancel or to change the date, time, program or venue of any Event
for any reason, including but not limited to situations where the requisite numbers of participants
for an Event have not been met by the applicable deadline for that Event. If you purchase
ticket(s) for an Event(s) we will use commercially reasonable efforts to inform you of any such
change as soon as possible and you agree that it shall be your responsibility to inform any
person for whom you have bought tickets of any change to an Event
6.6 Our liability to you in respect of cancellations or variations of Events shall be limited to the
return of any sums paid by you in relation to that Event.
6.7 Most events have a limited capacity and Members are given priority for each Event. Just
because you are invited to an Event does not mean you are allowed to attend said Event.
Members, their Guests and third parties are NOT confirmed to attend any Event unless and until
you register for said Event, unless expressly advised by us that you do not have to, and you
receive an email from us expressly confirming your name on the Guest List. Generally,
attendance is on a first-come, first-serve basis, so we encourage you to register for any desired
Events as soon as is practicable. If an Event Guest List is filled or closed, you may register to be
added to the Waitlist. You are not confirmed for the Waitlist unless and until you receive a
confirmation email from us stating you have been added to the Waitlist. Once on the Waitlist,
there is no guarantee that you will be added to the Guest List and/or allowed to attend the
Event. Unless and until you receive a confirming email that you have been taken off the Waitlist
and added to the Guest List, you are not confirmed to attend the Event.
6.8 We are entitled to withdraw from any contract in the case of obvious errors or inaccuracies
regarding Service(s), ticket(s) for an Event(s) and/or additional Membership services appearing
on our Website. If an error or inaccuracy is discovered with regards to the advertised price of
the Services, Events and/or additional Membership Services that you have purchased, we will
contact you as soon as practicable by email to inform you of the correct price of the Service(s),
ticket(s) for an Event(s) and/or additional membership services.
6.9 We use commercially reasonable efforts to ensure that the accuracy of the information about
Events displayed on the Website or otherwise communicated to you by us is correct. If the
details of an Event have been published incorrectly we will endeavor to correct any said errors
and/or inform you of the error(s) as soon as practicable. Although we endeavor to make all
Events enjoyable, pleasing and distinctive, we cannot and do not guarantee your satisfaction
with any Event and/or your Membership generally. Sometimes, for reasons within or beyond our
control, one (1) or more Events is not to the liking of one (1) or more attendees. If you have any
issue with any Event, please notify us in writing stating the date and time of the Event and
detailing your issues therewith. We will endeavor to correct any issues in the future in order to
make future experiences more enjoyable.
7. Participation in Events
7.1 By attending any Event, you agree to conduct yourself at all times in a responsible and
respectful manner with other attendees or the general public or third parties at Events. We do
not assume any responsibility for your actions or the actions of any other Member or other
attendee at any Event.
7.2 Members, Guests and/or third parties attend any Events, but who fail to behave responsibly
and/or correctly (for example in a drunken and/or disorderly manner, aggressive, hostile and/or
disrespectful language) may be expelled, suspended or prevented from continuing with an
Event in our sole and absolute discretion, and we may terminate your Membership or preclude
your attendance at future Events on such grounds. You acknowledge and agree that venue
owners/operators, sponsors or other organizers may also be entitled to refuse you admission to
an Event or stop your continued participation in an Event for these and/or similar reasons.
In addition: Members, Guests and/or third parties whom, at any given time, fail to behave
responsibly and/or correctly (for example in a drunken and/or disorderly manner, aggressive,
hostile and/or disrespectful language) towards a team member of The Diamond Club, may be
expelled or suspended. Such decision is at our sole and absolute discretion, and we may
terminate your Membership or preclude your attendance at future Events on such grounds.
7.3 Participation in an Event is at your own risk and subject to the terms and conditions of the
Event as well as these Terms of Use. By attending any Event you agree to be bound by the
rules and terms & conditions, whether published in written form or otherwise, and it is your
responsibility to familiarize yourself with these rules and terms & conditions, and to ensure you
and your Guest(s) follow the same. Unless otherwise stated, it is your responsibility to arrange
for travel to any Event.
7.4 By using The Diamond Club or it’s Service(s) and/or attending any Event, you consent to the
use of your photo, image, likeness, name, voice and/or biography on this Website, our social
media and promotional materials, and the websites, social media and promotional materials of
our affiliates, partners, sponsors, venue suppliers, food and/or beverage suppliers, and others
with whom we do business or cross-promote/cross- brand.
8. Personal Profile
8.1 The Diamond Club may copy and/or reproduce any information submitted to us or published
by Members in any form and in any manner.
8.2 Each Member shall ensure that all information transmitted and/or published by him/her is
accurate, true, complete and is not misleading. While we review information posted from time to
time and reserve the right at our absolute discretion to amend and/or delete all or any part of a
without notice to you at any time, The Diamond Club cannot warrant that any information
accessible is accurate, complete or reliable. It is up to you to verify any information to your own
satisfaction and we recommend that you do so.
9. Contacting other Members
9.1 When contacting other Members, whether at The Diamond Club, Social Media, Website or
at an Event, you must comply with the rules in these Terms and please pay particular attention
Participation in Events (section 7 above) and Contributions and Communications and
Acceptable Use (sections 10 and 11 below).
9.2 At all times when contacting or arranging to meet other Members or Guests, whether via the
The Diamond Club or before or after an Event, you agree to use the same caution you would
undertake when meeting other people you do not know and acknowledge and agree that The
Diamond Club shall have no responsibility or liability in connection with such communications or
meetings.
10. Contributions and Communications
10.1 The views and opinions that may be expressed in any Contributions or Communications do
not reflect those of The Diamond Club. You may be liable for any material you submit as a
Communication or Contribution (including but not limited to material published on message
boards and/or message boxes) as a publisher of such materials.
10.2 Your participation in the Service, including but not limited to any Communications and
Contributions must not be in breach of any State, Federal or international law or:
excite or encourage the breach of any such law;
promote discrimination against race, sex, religion, nationality, disability, sexual orientation or
age;
be likely to deceive, be used to impersonate any person or to misrepresent your identity or
affiliation with any person;
cause annoyance, inconvenience or needless anxiety;
be likely to invade another's privacy;
be likely to harass, upset, embarrass, alarm or annoy any other person;
in any way facilitates or encourages prostitution or pedophilia;
be pornographic, obscene, profane, vulgar or defamatory;
be abusive, offensive, hateful, inflammatory, threatening or promoting violence or otherwise
likely to be harmful to those persons likely to use the Service;
constitute an infringement of any rights (including intellectual property rights) of any person,
entity or organization; or
give the impression that The Diamond Club endorses your actions or Contributions or
Communications if this is not the case.
10.3 By submitting a Contribution you hereby grant The Diamond Club a non-exclusive,
worldwide, royalty-free, perpetual, non-revocable license to use, distribute, adapt, modify,
display, reproduce and transmit material subsisting in such Contribution in any and all media in
any manner in whole or in part without any duty to account to you. You also grant The Diamond
Club the right to permit Users to view and copy such information for personal use.
10.4 The Diamond Club reserves the right, but not the responsibility, to remove any Contribution
or Content which it deems in its sole discretion to be harmful, offensive, or otherwise in violation
of these Terms, as amended from time to time.
11. Acceptable Use
11.1 Whenever you make use of a feature that allows you to upload material to our Social Media
or Website, or to make contact with other Users, you must comply with these Terms and such
standards as we may publish or notify to you from time to time.
11.2 Any Contributions, Communications or material you upload to our Social Media or Website
will be considered non-confidential and non-proprietary, and we have the right to use, copy,
distribute and disclose to third parties any such material for any purpose. We also have the right
to disclose your identity to any third party who claims that any material posted or uploaded by
you to our Website constitutes a violation of their intellectual property rights, or of their right to
privacy, or if we consider that your use of the Website or the Service is in violation of any
applicable laws or regulations.
11.3 We will not be responsible, or liable to any third party, for the content or accuracy of any
materials posted by you or any other Member or User.
11.4 You must not knowingly transmit any data, send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other
harmful programs or similar computer code designed to adversely affect the operation of any
computer software or hardware.
11.5 You agree not to access without authority, interfere with, damage or disrupt any part of our
Social Media or Website or any software used in the provision of the Services.
12. Availability of the Service(s)
12.1 We reserve the right to withdraw the Service(s) on reasonable notice. You acknowledge
that we will not be liable if for any reason the Social Media or Website is unavailable for any
technical reason beyond our reasonable control at any time or for any period and that we may
need to restrict access to some parts of our Service(s), Social Media or our entire Website for
such reasons from time to time.
13. Intellectual Property, License and Download Rights
13.1 The Diamond Club Service(s), The Website, including but not limited to text, content,
software, video, music, sound, graphics, photographs, illustrations, artwork, photographs,
names, logos, trademarks, service marks and other material published on it ('Content') is
protected by copyright, trade marks and/or other proprietary rights. Content includes both
content owned or controlled by The Diamond Club and content owned or controlled by third
parties and licensed to The Diamond Club. All individual articles, reports and other elements
making up the Service(s) and Website may also be copyright works. You agree to abide by all
applicable copyright laws and by all additional copyright notices or restrictions contained in the
Website.
13.2 You must not use any Content or part of it for commercial purposes, without obtaining prior
written permission from The Diamond Club to do so.
13.3 You may print off one copy and may download extracts, of any page(s) from our Service(s)
or Website strictly for your personal reference only.
13.4 You may not use The Diamond Club's trademark(s) or trade name(s) without obtaining our
prior express written consent and you acknowledge that you have no ownership rights in and to
these names and/or mark(s).
13.5 You agree to notify The Diamond Club in writing promptly upon becoming aware of any
unauthorized access to or use of the Website or the Services by any party or of any claim that
the Website or the Content infringes any copyright, trade mark, or other contractual, statutory or
common law rights of any party.
13.6 You must not modify the paper or digital copies of any materials you have printed off or
downloaded in any way and you must not use any illustrations, photographs, video or audio
sequences or any graphics separately from any accompanying text.
13.7 You warrant that you are the author or licensed owner of all information and/or pictures
uploaded or otherwise submitted by you on or via the Website and that you are entitled to use
such information and/or pictures in connection with Social Media and the Website. You hereby
license The Diamond Club all rights necessary to display such materials on Social Media and
the Website.
13.8 You acquire no rights or licenses in or to The Diamond Club Social Media and the Website
and /or the Content other than the limited right to use the Website in accordance with these
Terms.
13.9 Other than as set out in these Terms you may not copy, reproduce, recompile, decompile,
disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create
derivative works from, transmit, or in any other way exploit any part of Social Media or the
Website.
13.10 Additionally, you may not offer for sale or sell or distribute over any other medium
(including distribution by over-the-air television or radio broadcast or distribution on a computer
network) the Content or any part thereof. Other than set out in these Terms, you may not make
any part of the Website available as part of another website, whether by hyperlink framing on
the internet or otherwise. The Website and the information contained therein may not be used to
construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in
databases for access by you or any third party or be distributed for such purposes.
14. LIMITATION OF LIABILITY AND DISCLAIMER
14.1 THE DIAMOND CLUB IS PROVIDING SERVICES, SOCIAL MEDIA AND THE WEBSITE
ON AN "AS IS" BASIS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW MAKES NO (AND EXPRESSLY EXCLUDES ALL) GUARANTEES, REPRESENTATIONS (EXCEPT FOR FRAUDULENT MISREPRESENTATION) OR WARRANTIES OF ANY KIND (EXPRESS OR
IMPLIED) WITH RESPECT TO THE DIAMOND CLUB, SERVICE(S) AND THE WEBSITE AND
ITS CONTENTS OR ANY WEBSITES TO WHICH IT IS LINKED INCLUDING, WITHOUT
LIMITATION, WARRANTIES AS TO QUALITY, FITNESS FOR PURPOSE AND NON-
INFRINGEMENT.
14.2 THE DIAMOND CLUB IS IN NO WAY RESPONSIBLE FOR YOUR ACTIONS OR THE
ACTIONS OF ANY OTHER MEMBER, INCLUDING BUT NOT LIMITED TO THE ACTIONS OF
MEMBERS, GUESTS OR OTHER ATTENDEES AT EVENTS OR IN CONNECTION WITH ANY
CONTRIBUTIONS OR COMMUNICATIONS.
14.3 THE DIAMOND CLUB AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE INFORMATION
ACCESSIBLE VIA SOCIAL MEDIA AND THE WEBSITE IS ACCURATE, COMPLETE,
RELIABLE OR CURRENT NOR THAT THE DIAMOND CLUB, SERVICE(S), SOCIAL MEDIA
AND THE WEBSITE WILL MEET PARTICULAR REQUIREMENTS, OR BE AVAILABLE,
ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR OR
THAT IT WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER
HARMFUL ELEMENTS. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY
ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY USER, OR BY
ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY
INFORMATION OR MATERIAL ON SOCIAL MEDIA OR THE WEBSITE IS AT YOUR OWN
RISK.
14.4 YOUR USE OF THE WEBSITE AND CONTACT AND INTERACTION WITH OTHER
USERS VIA THE WEBSITE OR IN CONNECTION WITH ANY EVENTS ARE ALL AT YOUR
OWN RISK AND UNDER NO CIRCUMSTANCES WILL THE DIAMOND CLUB OR ANY OF ITS
AFFILIATES, DIRECTORS, OFFICERS EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER
SUCH LOSSES WERE FORESEEABLE OR OTHERWISE): (A) LOSS OF PROFIT; (B) LOSS
OF DATA; (C) LOSS OF REVENUE; (D) LOSS OF BUSINESS OR LOSS OF OPPORTUNITY:
(E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD
PARTIES: OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES
ARISING FROM OR IN ANY WAY CONNECTED TO THE USE OF THE WEBSITE OR THE
SERVICE OR INABILITY TO USE THE WEBSITE OR THE SERVICE REGARDLESS OF THE
FORM OF ACTION. FOR THE AVOIDANCE OF DOUBT THE LOSSES LISTED IN THIS
SECTION ARE INTENDED TO BE SEVERABLE.
14.5 THE DIAMOND CLUB'S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING
NEGLIGENCE OR BREACH OF DUTY) MISREPRESENTATION OR OTHERWISE ARISING
IN CONNECTION WITH ITS PERFORMANCE OF THE SERVICE OR ANY PART OF IT
SHALL BE LIMITED AS FOLLOWS:
14.5.1 FOR MEMBERS, THE MEMBERSHIP FEE AND ANY OTHER FEES PAID BY SUCH
MEMBER TO US DURING THE YEAR OF SUCH MEMBERSHIP; AND
14.5.2 FOR GUESTS, THE AMOUNT OF ANY FEES PAID TO US FOR EVENT(S) ATTENDED
BY THAT GUEST IN THE RELEVANT CALENDAR YEAR OF HIS AGREEMENT.
14.6 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE DIAMOND CLUB'S
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR
FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE
EXCLUDED OR LIMITED BY LAW.
15. Your Warranties
15.1 By becoming a Member you warrant and represent that:
You are at least twenty-one years old (21) years old and resident in the United States. We
reserve the right to ask for acceptable identification (for example your driving license, passport
or other government issued photo ID) as proof of your age and residency and for similar proof
from any of your Guests. Only Members who are at least twenty-one (21) years old and are able
to prove their age by showing at the door a valid driving license, passport or other government
issued photo ID may participate to events where alcohol will be distributed; and
you and any of your Guests have not been convicted of any offence or been subject to any
injunction or court order or adjudged liable for civil penalties or damages involving sexual
molestation or abuse of anyone; and you will be using THE DIAMOND CLUB, the Website and the Service(s) for your personal use only and not for any commercial purpose whatsoever.
15.2 We have the right in our absolute discretion to refuse any application to become a Member
or and to terminate User registrations or memberships with us in accordance with these Terms
(see Termination below).
16. Website Changes
16.1 You accept that The Diamond Club has the right to change the Content or technical
specifications of the Social Media and/or Website at any time at our sole discretion.
16.2 Any of the material on our Social Media and/or Website may be out of date at any given
time and we are under no obligation to update such material.
17. Information About You and Visits to Our Website
17.1 We process information about you in accordance with our Privacy Policy. By using our
Service(s), Social Media and/or Website, you consent to such processing and you warrant that
all data provided by you is accurate.
18. Links
18.1 There may be links to third party websites from our Social Media and Website. Linked third
party sites are not under the control of The Diamond Club and we are not responsible for the
contents of any such linked website or any link(s) contained in such a linked website. Existence
of links to other third party websites is not an endorsement by The Diamond Club in favor of
such website or the products or services contained in any linked website. To the extent that
Social Media and this Website contains links to or which may be accessed from outside
services and resources, the availability and content of which The Diamond Club does not
control, any concerns regarding any such service or resource or any link thereto should be
directed to the particular outside service or resource. As we have no control over the contents of
those websites or resources, we accept no responsibility for them and shall not be liable for any
loss or damage that may arise from your use of them.
19. Linking to our Website
19.1 You may link to our Home Page, provided you do so in a way that is fair and legal and does
not damage our reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part where none
exists.
19.2 You must not establish a link from any website that is not owned by you.
19.3 Our Website must not be framed on any other website, nor may you create a link to any
part of our Website other than the Home Page. We reserve the right to withdraw linking
permission without notice. The website from which you are linking must comply in all respects
with these Terms and such other content standards as we may publish from time to time.
20. Termination
20.1 The Diamond Club may suspend a Member or terminate a membership and deny access
to the Service by any Member with immediate effect whether on a temporary or permanent
basis at our discretion and with or without prior notice:
if the Member fails to make any payment due to The Diamond Club when due; and/or
if the Member is in breach of any of these Terms; and/or
if The Diamond Club is unable to determine the accuracy and/or validity of any information
provided by the Member.
20.2 Notices to Members will be sent to the email addresses provided in the relevant application
and/or registration pages.
20.3 Provisions of these Terms which expressly or impliedly are intended to survive termination
will remain in force after such termination, including but not limited to the Indemnity provisions
(section 22 below).
21. Indemnity
21.1 You agree to indemnify and keep fully indemnified The Diamond Club, its employees,
representatives and agents, from and against any claims, actions, demands or other
proceedings (including reasonable legal fees) based on or arising in connection with any breach
by you of these Terms or arising from your negligence or breach of duty.
21.2 References in these Terms to your use of the Service(s) or Website shall be deemed to
include any use by a third party where such a third party accesses the Website using your user
name, identification code, password or other information provided to you as part of our security
procedures.
22. General
22.1 If any provision of these Terms is found to be invalid, void or unenforceable, the invalidity,
voidness or unenforceability of such provision shall not affect the validity of the remaining
provisions of the Terms, which shall remain in full force and effect.
22.2 Failure or delay by us in enforcing or partially enforcing any of these Terms shall not be
construed as a waiver of any of our rights under these Terms. Any waiver by us of any provision
of these Terms shall not be deemed a waiver of any subsequent breach of any provision.
22.3 Nothing in these Terms is intended to confer on any third party (whether referred to in our
Terms of Use by name, class, description or otherwise) any benefit or any right to enforce any
provision of these Terms or any agreement entered into in connection with it.
22.4 Except as provided herein, these Terms are the entire agreement between us and
supersede any prior understanding or agreements (written or oral). Nothing in this clause will
operate to limit or exclude either party's liability for fraud.
22.5 The Diamond Club may assign the benefit of this agreement to any person, firm or
company.
23. Jurisdiction and applicable law
23.1 These Terms are governed by and shall be construed in accordance with the laws of the
State of Louisiana. By using the Service(s) or Website, you accept that any dispute under these
Terms or arising out of the use of the Website shall be subject to the exclusive jurisdiction of the
State or Federal courts located in St Tammany Parish, Louisiana, to which you submit.
THE DIAMOND CLUB at Whiskey Tavern,
Attn: Website Terms & Conditions
600 N. Highway 190 Suite #1,
Covington, La 70433.
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