Terms and Conditions of Use
Agreement
PLEASE READ THE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our
customers, and by using our site you are agreeing to comply with and be bound
by the following terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree to the
terms and conditions, you should not review information or obtain goods,
services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS
OLD OR OLDER AND A U.S.
RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms and Conditions of use Agreement
("Agreement") with respect to our site (queenlybeading.com).
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended by us at
any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
- Copyright. The entire content,
organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under
applicable copyrights, trademarks, registered trademarks and other
proprietary (including but not limited to intellectual property) rights
and are the property of QUEENLYBEADING.COM.
The copying, redistribution, use or publication by you of any such matters
or any part of the Site, except as allowed by Section 4, is strictly
prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information or
materials on the Site does not constitute a waiver of any right in such
information and materials.
- Trademarks
All trademarks, service
marks and trade names of QUEENLYBEADING.COM
used in the site are trademarks or registered trademarks
of QUEENLYBEADING.COM. - Fraud: By registering an account,
making a purchase, and/or becoming a member, you confirm that the
information provided in this form is true and that you agree to abide by
the Terms and Conditions of use of this site. Please note that your
membership can be cancelled without notice if it is determined that false
or misleading information has been provided, the Terms and Conditions of
use have been violated, or other abuses have occurred as determined by QUEENLYBEADING.COM in its sole
discretion. If membership has been revoked, QUEENLYBEADING.COM reserves the
right to refuse application or readmission to the membership program.
- Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form or document from the Site grants
you only a limited, nonexclusive 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, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
- Editing, Deleting and
Modification. We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site, including
this Agreement, without further notice to users of the Site.
- Indemnification. You agree to indemnify,
defend, and hold harmless QUEENLYBEADING.COM,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Affiliated Parties") from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful conduct) by you
or any other person accessing the site using your Internet account.
- Nontransferable. Your right to use the Site is
not transferable. Any password or right given to you to obtain information
or documents is not transferable and may only be used by you.
- Typographical Errors
In the event that a QUEENLYBEADING.COM product is
mistakenly listed at an incorrect price, QUEENLYBEADING.COM reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. QUEENLYBEADING.COM reserves the
right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, QUEENLYBEADING.COM shall issue a
credit to your credit card account in the amount of the incorrect price. - Disclaimer. THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. QUEENLYBEADING.COM DOES NOT MAKE
ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS,
TIMELINESS, RELIABILITY OR OTHERWISE. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR
THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
- Limits. All responsibility or
liability for any damages caused by viruses contained within the
electronic file containing the form or document is disclaimed. WE WILL NOT
BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our
maximum liability to you under all circumstances will be equal to the
purchase price you pay for any goods, services or information.
- Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all information regarding Site
uses by you and all information provided by you in any manner consistent
with our Privacy Policy.
- Third-Party Services. We allow access to or
advertise third-party merchant sites ("Merchants") from which
you may purchase or otherwise obtain certain goods or services. You
understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. YOU AGREE THAT
USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or
commitments on behalf of the other.
- Privacy Policy. Our Privacy Policy as it may
change from time to time, is a part of this Agreement.
- Payments. You represent and warrant
that if you are purchasing something from us or from our Merchants that
(i) any credit card information you supply is true, correct and complete,
(i) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices,
including any shipping fees and applicable taxes.
- Links to Other Web Sites. The Site contains links to
other Web sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas,
notes, concepts and other information you may from time to time send to us
(collectively, "Submissions") shall be deemed and shall remain
our sole property and shall not be subject to any obligation of confidence
on our part. Without limiting the foregoing, we shall be deemed to own all
known and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions
for any purpose, without compensation to the provider of the Submissions.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR
PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR
USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH
USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF COLLIN COUNTY, TEXAS OR THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF TEXAS.
YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE
WAIVING ANY CLAIM THAT RICHARDSON,
TEXAS OR THE
DISTRICT OF TEXAS/RICHARDSON IS AN INCONVENIENT FORUM
OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and
controlled in the State of TEXAS USA. As
such, the laws of TEXAS will govern the
terms and conditions contained in this Agreement and elsewhere throughout
the Site, without giving effect to any principles of conflicts of laws.
- Term; Termination. These terms and conditions are
applicable to you upon your accessing the site and/or completing the
registration or shopping process. These terms and conditions, or any part
of them, may be terminated by QUEENLYBEADING.COM
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification,
Venue and Miscellaneous, shall survive any termination.
- Notice. QUEENLYBEADING.COM may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you
have provided to QUEENLYBEADING.COM.
- Miscellaneous. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of QUEENLYBEADING.COM
products) must be commenced within one (1) year after the claim or cause
of action arises. QUEENLYBEADING.COM’s
failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any of these terms and conditions. QUEENLYBEADING.COM may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
- Use of Site. Harassment in any manner or form on the
site, including via e-mail, chat, or by use of obscene or abusive
language, is strictly forbidden. Impersonation of others, including a QUEENLYBEADING.COM or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable which may constitute or encourage
a criminal offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
- Participation Disclaimer. QUEENLYBEADING.COM does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view
and distribute user-generated content on the site, QUEENLYBEADING.COM is merely
acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on the
site. However, QUEENLYBEADING.COM
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or;
other intellectual property right of another or (d) offensive or otherwise
unacceptable to QUEENLYBEADING.COM
in its sole discretion.