Terms and Conditions of Use
This web site, including any web pages accessible through the homepage, (the "Site") is
published and maintained by BeadedArts.
You can contact us at Contact Us.
When you access, browse or
use this Site you accept, without limitation or qualification, the terms and conditions
set forth below.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange, modify, sell
or transmit anything you copy from this Site, including but not limited to any text,
images, audio and video, for any business, commercial or public purpose. As long as
you comply with the terms of these Terms and Conditions of Use, BeadedArts grants you a
non-exclusive, non-transferable, limited right to enter, display and use this Site. You
agree not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All materials on this Site, including but not limited to audio, images, software, text
and video clips (the "Content"), are protected by copyright under U.S. copyright law,
international conventions, and other copyright laws. You cannot use the Content,
except as specified herein. You agree to follow all instructions on this Site limiting
the way you may use the Content. There may be proprietary logos, service
marks and trademarks found on this Site. By making them available on this Site,
BeadedArts is not granting you any license to utilize those proprietary logos, service
marks, or trademarks. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.
If you download any Content from this Site, you may not remove any copyright or
trademark notices or other notices that go with it.
Responsibility for User's Material
You are prohibited from posting or transmitting any defamatory, libelous, obscene,
pornographic, profane, threatening or unlawful material or any material that could
constitute or encourage conduct that would be considered a criminal offense or give
rise to civil liability, or otherwise violate any law. Although BeadedArts may from time to
time monitor or review bulletin boards, chat rooms, discussions, postings,
transmissions and the like on the Site, BeadedArts is under no obligation to do so and
assumes no liability or responsibility arising from the contents of any such
communications or for any defamation, error, inaccuracy, libel, obscenity or
profanity contained in any such communication. BeadedArts may change, edit, or remove
any user material or conversations that are illegal, indecent, obscene or offensive,
or that violates BeadedArts's policies in any way. BeadedArts will fully cooperate with any law
enforcement authorities or court order requesting or directing BeadedArts to disclose the
identity of anyone posting such materials.
BeadedArts 's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or
otherwise, including any comments, data, questions, suggestions or the like, all such
communications are, and will be treated as, non-confidential and non-proprietary.
Thus, you give up any claim that any use of such material violates any of your rights
including moral rights, privacy rights, proprietary or other property rights, publicity
rights, rights to credit for material or ideas, or any other right, including the right to
approve the way BeadedArts uses such material.
Any material submitted to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted or used by BeadedArts
anywhere in the world, in any medium, forever. Furthermore, BeadedArts is free to use,
without any compensation to you, any concepts, ideas, know-how or techniques
contained in any communication you send to the Site for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products using
such information. However, you agree and understand that BeadedArts is not obligated to
use any such ideas or materials and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that
any message or information you send to this Site may be read or intercepted by
others unless there is a special notice that a particular message (for example, credit
card information) is encrypted.
Links
This Site may contain links to other Internet sites on the World Wide Web. BeadedArts
provides such links for your convenience only, and is not responsible for the content
of any site linked to or from this Site. Links from this Site to any other site do not
mean that BeadedArts approves of, endorses or recommends that site. BeadedArts disclaims all
warranties, express or implied, as to the accuracy, legality, reliability or validity of
any content on any other site.
Contests
This Site may contain contests that require you to send in material or information
about yourself or offer prizes. Each contest has its own rules, which you must read
and agree to before you may enter.
Rules for Children (Under Age 16)
If you are under 16, you should ask your parents or a guardian before you:
- E-mail the Site, or ask us to e-mail anything to you;
- Send in any information;
- Enter any contest or game that requires information about you or offers a
prize;
- Join any club or group;
- Post any information on any bulletin board or enter any chat room; or
- Buy anything online.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in
your particular country or locality. The reference to such products and services on
the Site does not imply or warrant that these products or services will be available
at any time in your particular location.
BeadedArts's Right to Change These Terms and Conditions of Use or Content on
the Site
BeadedArts may add to, change or remove any part of these Terms and Conditions of Use at
any time, without notice. Any changes to these Terms and Conditions of Use or any
terms posted on this Site apply as soon as they are posted. By continuing to use this
Site after any changes are posted, you are indicating your acceptance of those
changes. BeadedArts may add, change, discontinue, remove or suspend any other Content
posted on this Site, including features and specifications of products described or
depicted on the Site, temporarily or permanently, at any time, without notice and
without liability.
Indemnification
You agree to indemnify, defend and hold BeadedArts and all of its agents, directors,
employees, information providers, licensors and licensees, officers and parent,
(collectively, "Indemnified Parties") harmless from and against any and all liability
and costs (including, without limitation, attorneys' fees and costs), incurred by the
Indemnified Parties in connection with any claim arising out of any breach by you of
these Terms and Conditions of Use or the foregoing representations, warranties and
covenants. You will cooperate as fully as reasonably required in BeadedArts's defense of
any claim. BeadedArts reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you and
you shall not in any event settle any matter without the written consent of BeadedArts.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO
THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE,
BEADEDARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE
ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2)
THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER
COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT
OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE
THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BEADEDARTS'S NEGLIGENCE, SHALL
BEADEDARTS BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR
OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF BEADEDARTS OR AN
AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site
together constitute the entire agreement between BeadedArts and you with respect to
your use of this Site. Any cause of action you may have with respect to your use of
this Site must be commenced within (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any provision of
these Terms and Conditions of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect the
intent of this agreement, and the remainder of these Terms and Conditions of Use
shall continue in full force and effect. These Terms and Conditions of Use shall be
governed by and construed in accordance with the laws of the Province of Ontario,
Canada, without reference to its conflicts of law rules.
Confidentiality and Security
BeadedArts adheres to the principles adopted by the The Better Business Bureau
Online Privacy Policy with respect to
the protection of personal information. In addition, it uses the latest encryption
techniques to ensure the
confidential nature of the information it exchanges with you. Please refer to the
BeadedArts's Privacy Policies for more
information in this regard. Be advised, however, that BeadedArts can in no way guarantee the
confidential nature of information exchanged with you over the Internet.
Despite all the efforts made by BeadedArts to ensure maximum security, the possibility that the
confidential nature of exchanges over the Internet can be comprised is a risk that
all users must assume. BeadedArts, and its affiliates therefore disclaim any and
all liability for damages you might
incur resulting from the exchange of information with them.