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Acceptance of Terms of Use
Beads Gone Wild ("Beads Gone Wild") makes
this website (the "Site"), including all
information, documents, content, materials,
software and services (the "Materials")
available on the Site, available to you for
your personal, non-commercial use subject to
the terms and conditions set forth in this
legal agreement ("Terms of Use"). By
accessing, browsing and/or using the Site,
you acknowledge that you have read,
understand and agree to be bound by the
Terms of Use and to comply with all
applicable laws and regulations, including
all applicable export and re-export control
laws and regulations. Beads Gone Wild
reserves the right to change the Terms of
Use from time to time at its sole
discretion. Your use of the Site will be
subject to the most current version of the
Terms of Use posted on the Site. You are
responsible for periodically visiting these
Terms of Use from time to time to review the
then-current Terms of Use. If you do not
agree to the Terms of Use, do not use the
Site.
Access to the Site
Beads Gone Wild may alter, suspend, or
discontinue this Site or any of the
Materials at any time and for any reason,
without prior notice to you. The Site may
become unavailable due to maintenance or
malfunction of computer equipment or other
reasons. If you do not abide by the
provisions of the Terms of Use, Beads Gone
Wild may immediately deactivate or delete
your user account and/or bar any further
access to the Materials, and/or the Site.
Beads Gone Wild shall not be liable to you
or any third party for any termination or
cancellation of your access to, or use of,
the Site.
Use of Site Information
You are permitted to view, copy, download
and print Materials from the Site, provided
that:
i) you use the Materials for informational,
personal and non-commercial purposes only;
ii) you do not modify or alter the Materials
in any way;
iii) you do not copy or distribute graphics
from the Site separate from their
accompanying text;
iv) you do not quote the Materials out of
context; and
v) you display the copyright and trademark
notice(s) listed at the bottom of the Terms
of Use on all documents or portions of
documents and retain any other copyright and
other proprietary notices on every copy of
Materials from the Site that you make.
Beads Gone Wild reserves the right to revoke
the authorization to view, copy, download
and print the Materials at any time and any
such use shall be discontinued immediately
upon written notice from Beads Gone Wild.
The rights specified above to view, copy,
download and print the Materials are not
applicable to the design or layout of the
Site. Elements of the Site are protected by
trade dress and other laws and may not be
copied or imitated in whole or in part. For
permission to use third party materials
appearing on the Site, please contact the
owner of such materials.
Account Security
If you are required to open an account on
this Site, you must complete the
registration process by providing current,
complete and accurate information as
prompted by the application registration
form. In most cases, you will be required to
choose a password and user name. You are
entirely responsible for maintaining the
confidentiality of your password and
account. Furthermore, you are entirely
responsible for any and all activities that
occur under your account. You agree to
notify Beads Gone Wild immediately of any
unauthorized use of your account or any
other breach of security. Beads Gone Wild
will not be liable for any loss that you may
incur as a result of someone else using your
password or account, either with or without
your knowledge. However, you could be held
liable for losses incurred by Beads Gone
Wild or another party due to someone else
using your account or password. You may not
use anyone else's account at any time,
without permission of the account holder.
Disclaimer of Warranties
ALL MATERIALS ON THIS SITE ARE PROVIDED ON
AN "AS IS" BASIS, WITHOUT ANY OTHER
REPRESENTATIONS, WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, WRITTEN OR ORAL,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABLE QUALITY, SATISFACTORY QUALITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THOSE ARISING BY LAW, STATUTE,
USAGE OF TRADE, COURSE OF DEALING OR
OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO
THE USE OF THE SERVICES OR THE DOWNLOADING
OR OTHER ACQUISITION OF ANY INFORMATION,
CONTENT OR MATERIALS THROUGH THE SITE, AND
YOU AGREE THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM
SUCH ACTIVITIES.
WITHOUT LIMITING THE FOREGOING, BEADS GONE
WILD MAKES NO WARRANTY THAT (I) THE SITE
WILL MEET YOUR REQUIREMENTS; (II) YOUR USE
OF THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (III) THE RESULTS THAT
YOU MAY OBTAIN FROM USING THE SITE WILL BE
EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE
QUALITY OF ANY PRODUCTS, SERVICES OR
INFORMATION PURCHASED OR OBTAINED BY YOU
FROM THE SITE WILL MEET YOUR EXPECTATIONS;
(V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE
SITE WILL BE CORRECTED; AND, (VI) THIS SITE
OR THE SERVERS THAT MAKE IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Liability
Beads Gone Wild may make changes to the
Materials, including without limitation, the
prices and descriptions of any listed
products at any time, without notice. The
Materials on this Site may be out of date
and Beads Gone Wild makes no commitment to
update such Materials.
The Site could include technical or other
mistakes, inaccuracies or typographical
errors. Beads Gone Wild assumes no
responsibility for errors or omissions in
the Materials and/or other services, which
are included on, referenced by or linked to
this Site. References to other corporations'
sites, services and products are provided
"as is" without warranty of any kind, either
express or implied.
IN NO EVENT SHALL BEADS GONE WILD, ITS
SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO
YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO, LOSS OF REVENUE OR
PROFIT, LOST OR DAMAGED DATA OR OTHER
COMMERCIAL OR ECONOMIC LOSS, EVEN IF BEADS
GONE WILD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR THEY ARE
FORESEEABLE. Beads Gone Wild IS NOT
RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN
NO EVENT SHALL BEADS GONE WILD'S (OR ITS
SUPPLIERS' OR LICENSORS') MAXIMUM AGGREGATE
LIABILITY TO YOU FOR DAMAGES, LOSSES AND
CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE),
OR OTHERWISE EXCEED $1 U.S. DOLLAR. THE
LIMITATIONS IN THIS SECTION SHALL APPLY
WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT
IS A BREACH OF A FUNDAMENTAL CONDITION OR
TERM OR A FUNDAMENTAL BREACH. SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Indemnification
By using this Site, you agree to indemnify,
defend and hold harmless Beads Gone Wild and
its affiliates, partners, third party
content providers and licensors and each of
their respective directors, officers,
employees and agents from and against any
and all claims, actions, suits, proceedings,
judgments, damages, losses, liabilities,
costs and expenses (including, without
limitation, reasonable attorneys' fees and
related reasonable costs) arising directly
or indirectly out of or in connection with
(a) your breach of these Terms of Use, (b)
any content uploaded, posted or transmitted
by you on or through the Site, and/or (c)
your activities in connection with the Site.
Links to Third Party Sites
This Site contains links to other sites on
the Internet that are not within Beads Gone
Wild's control and are owned and operated by
Beads Gone Wild's partners, customers and
other third parties (the "External Sites").
Beads Gone Wild will not review and makes no
representations whatsoever about any
External Sites to which you may have access
through the Site. When you leave this Site
and access an External Site, you do so
entirely at your own risk and Beads Gone
Wild is not responsible for the accuracy or
reliability of any information, data,
opinions, advice, or statements made on the
External Sites or for the quality of any
products or services available on the
External Sites. Beads Gone Wild provides
links to External Sites merely as a
convenience.
You acknowledge and agree that the inclusion
of such External Links does not imply that
Beads Gone Wild endorses or accepts any
responsibility or liability for any content,
advertising, products or other material that
may appear on or may be available on, from,
or through, any External Sites. You further
acknowledge and agree that Beads Gone Wild
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 the purchase or use of or reliance on
any such content, advertising, products, or
other materials.
Privacy Policy Statement
The terms of Beads Gone Wild's Privacy
Policy Statement ("Privacy Policy") are
incorporated into the Terms of Use by
reference. By accepting the Terms of Use,
you acknowledge that you have read,
understand and agree to be bound by the
Privacy Policy.
International Users
The Site can be accessed from countries
around the world and may contain references
to products, services and programs that are
not available in your country. These
references do not imply that Beads Gone Wild
intends to announce such products, services
or programs in your country. Beads Gone Wild
makes no representation that Materials on
this Site are appropriate or available for
use in locations outside of Canada and the
United States and access to the Materials
from territories where they are prohibited
is illegal. If you choose to access this
Site from outside Canada or the United
States, you do so on your own initiative and
are responsible for compliance with local
laws.
Choice of Language
The Terms of Use is in the English language
only, which language shall be controlling in
all respects.
Choice of Law and Jurisdiction
This Site (excluding links to External
Sites) is controlled by Beads Gone Wild from
its offices in Palm Beach County, Florida,
USA, notwithstanding the physical location
of the servers on which the content resides.
By accessing this Site, you and Beads Gone
Wild agree that all matters relating to your
access to, or use of, this Site shall be
governed by the statutes and laws of Palm
Beach County Florida and the federal laws of
USA applicable therein. You and Beads Gone
Wild expressly disclaim all applicable
choice of law or conflict of law rules and
expressly exclude the United Nations
Convention on Contracts for the
International Sale of Goods. You and Beads
Gone Wild also agree and hereby submit to
the exclusive personal jurisdiction and
venue of the courts in West Palm Beach,
Florida with respect to such matters.
General
The Terms of Use and the Privacy Policy
constitute the entire agreement between
Beads Gone Wild and you and govern your use
of the Sites. Neither the Terms of Use nor
the Privacy Policy may be modified except in
writing signed by both parties or by a new
posting by Beads Gone Wild, as described in
"Acceptance of Terms" above. If any
provision of the Terms of Use is determined
to be unlawful, void or for any reason, or
unenforceable, then that provision shall be
deemed severable from the remaining
provisions. Any failure by Beads Gone Wild
to enforce or exercise any provision of the
Terms of Use or related right shall not
constitute a waiver of that right or
provision.
Trademarks
The following are trademarks or registered
trademarks of Beads Gone Wild: and Beads
Gone Wild word mark. Other product and
company names displayed on the Site may be
trademarks or registered trademarks of their
respective owners.
Unless specifically noted to the contrary,
the example companies, products, domain
names, e-mail addresses, logos, people and
events depicted on this Site are fictitious
and no association with any real company,
organization, product, domain name, e-mail
address, logo, person or event is intended
or should be inferred.
Copyright Information
Copyright © 2004 - 2007 Beads Gone Wild. All
rights reserved.
Contact Information
If you have any questions regarding this
Site or these Terms of Use, please contact
us at
info@beadsgonewild.com.
Last updated: June 23rd 2006.
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