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Information 4 U
Ancient Stones
Nurturing Naturals
Radiant
As You Are...
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
ancientstonesmineralmakeup.com/Privacy Policy. 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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