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Terms and Conditions
Welcome to the Ancient Stones, Inc. online website (the
“Website”). Ancient Stones, Inc. provides the content and services available
on the Website to you subject to the following terms and conditions (“Terms
and Conditions”). By accessing or using this Website, you are
acknowledging that you have read, understand, and agree, without limitation or
qualification, to be bound by these Terms and Conditions which include our . If you do not agree to these Terms and Conditions, please do not
use this Website.
Privacy
Please review our Privacy
Policy, which also governs your visit to this Website, so that you may
understand our privacy practices.
Purchase Related Policies
The products and services available on this Website, and any samples
thereof we may provide to you, are for personal use only. You may not sell or
resell any of the products services, or samples you purchase or otherwise
receive from us. We reserve the right, with or without notice, to cancel or
reduce the quantity of any orders that we believe, in our sole discretion, may
result in the violation of our Terms and Conditions.
For additional policies related to order placed through this Website
(such as order processing, shipping and handling, returns and exchanges),
please visit our Contact
Us page.
Your Account
You may choose to register at our Website. If you do, you will have
an email address/username and password for your account. You are responsible
for maintaining the confidentiality of your account, username and password and
for restricting access to your computer. You agree to accept responsibility
for all activities that occur under your account, username and/or password.
You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without
prior notice if you violate these Terms and Conditions or if we decide, in our
sole discretion, that it would be in the best interests of Ancient Stones to
do so.
Intended Audience
Unless otherwise specified, the materials in the site are presented
solely for the purpose of promoting products available in the United States
and its territories and possessions. Ancient Stones controls and operates this
Website from our offices located in the State of California, United States of
America. Ancient Stones makes no representation that materials contained in
this Website are appropriate or available for use in other locations. Those
who choose to access this Website from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable.
Accuracy of Information
We attempt to be as accurate as possible when describing our
products on this Website, however, to the extent permitted by applicable law,
we do not warrant that the product descriptions, colors, or other content
available on this Website are accurate, complete, reliable, current, or
error-free.
Intellectual Property
All content available on this Website, including but not limited to
text, graphics, logos, button icons, images, audio clips, data compilations
and software, and the compilation thereof (collectively the “Content”) is the
property of Ancient Stones, Inc. and is protected by United States and
international copyright laws.
The trademarks, logos and service marks displayed on the Website
(collectively the “Trademarks”) are the registered and unregistered marks of
Ancient Stones, Inc. and are protected by United States and international
copyright laws.
Except as set forth in the limited licenses in the section below, or as
required under applicable law, neither the Content or Trademarks nor any
portion of this Website may be used, distributed, reproduced, republished,
uploaded, displayed, posted, transmitted, duplicated, copied, sold, resold,
accessed, modified, or otherwise exploited, in whole or in part, for any
purpose without our prior written consent.
Limited Licenses
We grant you a limited, revocable, and non-exclusive license to
access and make person use of this Website. This limited license does not
include the right to: (i) frame of utilize framing techniques to enclose this
Website or any portion thereof; (ii) modify or download this Website or the
Content (except caching or as necessary to view the Website); (iii) make any
use of this Website or the Content other than personal use; (iv) create any
derivative work based upon either this Website or the Content; (v) collect
account information for the benefit of yourself or another party; (vi) use any
meta tags or any other “hidden text” utilizing our name or the Trademarks or
to otherwise use the Trademarks; or (vii) use software robots, spiders,
crawlers or similar data gathering and extraction tools, or take any other
action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive license to create a
hyperlink to the home page of this Website for personal, non-commercial use
only. A website that links to this Website (i) may link to, but not replicate,
our Content; (ii) may not imply that we are endorsing such website or its
services or products; (iii) may not misrepresent its relationship with us;
(iv) may not contain content that could be construed as distasteful, obscene,
offensive or controversial, and may contain only content that is lawful and
appropriate for all ages; (v) may not portray us or our products or services,
in a false, misleading, derogatory, or otherwise offensive or objectionable
manner, or associate us with undesirable products, services or opinions; (vi)
may not use any Trademark; and (vii) may not link to any page of this Website
other than the home page. We may, in our sole discretion, request that you
remove any link to this Website, and upon receipt of such request, you shall
immediately remove such link. Any unauthorized use by you of this Website
automatically terminates the limited licenses set forth in this section
without prejudice to any other remedy provided by applicable law or these
Terms and Conditions.
Third Party Links
We are not responsible for the content of any off-website pages or
any other website linked to or from this Website. Links appearing on this
Website are for convenience only and are not an endorsement by us, our
affiliates or our partners of the referenced content, product, service or
supplier. Your linking to or from any off-website pages or other website is at
your own risk. We are in no way responsible for examining or evaluating, and
we do not warrant the offering of, off-website pages or any other websites
linked to or from this Website, nor do we assume any responsibility or
liability for the actions, content, products or services of such pages and
websites, including, without limitation, their privacy policies and terms and
conditions. You should carefully review the terms and conditions and privacy
policies of all off-website pages and other websites that you visit.
Submissions
With regard to unsolicited suggestions and ideas, any inquiries,
feedback, suggestions, ideas or other information you provide us (collectively
“Submissions”) will be treated as non-proprietary and non-confidential.
Subject to the terms of our Privacy
Policy, by transmitting or posting any Submission, you hereby grant us a
nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully
sub licensable right to use, reproduce, modify, adapt, publish, sell, assign,
translate, create derivative works from, distribute, and display any
Submission in any form, media, or technology, whether now known or hereafter
developed, alone or as part of other works. You also acknowledge that your
Submission may not be returned any we may use your Submission, and any ideas,
concepts, or know how contained therein, for any purpose including, without
limitation, developing, manufacturing, distributing, and marketing products.
If you make a Submission, you represent and warrant that you own or
otherwise control the rights to your Submission. You further represent and
warrant that such Submission does not constitute or contain software viruses,
commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false email address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You agree to
indemnify us for all claims arising from or in connection with any claims to
any rights in any Submission.
Representations and Warranties; Limitation of Liability
THIS WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BY NOT LIMITED TO
WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT,
TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (i) INTERRUPTION OF
BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (iii) DATA
NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION;
(iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE
PRESENCE OF OFF-WEBSITE LINKS ON THIS WEBSITE; (v) COMPUTER VIRUSES, SYSTEMS
FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE
WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (vi) ANY
INACCURACIES OR OMISSIONS IN CONTENT; OR (vii) EVENTS BEYOND OUT REASONABLE
CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENCIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
Indemnification
You agree to defend, indemnify, and hold us harmless for any loss,
damages or costs, including reasonable attorney’s fees, resulting from any
third party claim, action, or demand resulting from your use of this Website.
You also agree to indemnify us for any loss, damages, or costs, including
reasonable attorney’s fees, resulting from your use of software robots,
spiders, crawlers, or similar data gathering and extraction tools, or any
other action you take that imposes an unreasonable burden or load on our
infrastructure.
Your Obligations and Responsibilities
In the access or use of this Website, you shall comply with these
Terms and Conditions and the special warnings or instructions for access or
use posted on this Website. You shall act always in accordance with the law,
custom and in good faith. You may not make any change or alteration to this
Website or any Content or services that may appear on this Website and may not
impair in any way the integrity or operation of this Website. Without limiting
the generality of any other provision of these Terms and Conditions, if you
default negligently or willfully in any of the obligations set forth in these
Terms and Conditions (including our Privacy
Policy), you shall be liable for all the losses and damages that this may
cause to Ancient Stones, Inc, our affiliates, partners or licensors.
Agreement
You acknowledge and agree that these Terms and Conditions, which
include our Privacy
Policy, constitute the complete and exclusive agreement between us
concerning your use of the Website (the “Agreement”), and supersede and govern
all prior proposals, agreements, or other communication.
Nothing contained in these Terms and Conditions shall be construed as
creating any agency, partnership, or other form of joint enterprise between
us. Our failure to require your performance of any provision hereof shall not
affect our full right to require such performance at any time thereafter, nor
shall our waiver of a breach of any provision hereof be taken or held to be a
waiver of the provision itself. In the event that any provision of these Terms
and Conditions shall be unenforceable or invalid under any applicable law or
be so held by any applicable arbitral award or court decision, such
unenforceability or invalidity shall not render these Terms and Conditions
unenforceable or invalid as a whole. We will amend or replace such provision
with one that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the original
provision.
Changes
We reserve the right to change these Terms and Conditions, in whole
or in part, at any time with or without notice. Any changes are effective
immediately upon posting to this Website. You should always check these Terms
and Conditions prior to using this Website. Your continued use of this Website
following the posting of changes to these Terms and Conditions will mean you
accept those changes. We may, with or without prior notice, terminate any of
the rights granted by these Terms and Conditions. You shall comply immediately
with any termination or other notice, including, as applicable, be ceasing all
use of this Website.
Disputes
With respect to any dispute regarding this Website, all rights and
obligations and all actions contemplated by these Terms and Conditions shall
be governed by the laws of the State of California, as if the Terms and
Conditions were a contract wholly entered into and wholly performed within
California. Any disputes relating in any way to your visit to this Website
shall be submitted to confidential arbitration in California, except that, to
the extent you have in any manner violated or threatened to violate our
intellectual property rights or the intellectual property rights of our
affiliates, partners, or licensors, we may seek injunctive or other
appropriate relief in any court and you consent to exclusive jurisdiction and
venue in any such court. Arbitration under this Agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator’s award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise. If you have any questions regarding
these Terms and Conditions, please contact us at: ancientstonesmineralmakeup@yahoo.com.
These Terms and Conditions were last updated in
July 2006.
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