Site
Terms and Conditions of Use
1. User's
Acknowledgment and Acceptance of Terms
Stamping Fools
("Us" or "We") provides the http://www.stampingfools.com
site and various related services (collectively, the "site") to you,
the user, subject to your compliance with all the terms, conditions, and
notices contained or referenced herein (the "Terms of Use"), as well
as any other written agreement between us and you. In addition, when using
particular services or materials on this site, users shall be subject to any
posted rules applicable to such services or materials that may contain terms
and conditions in addition to those in these Terms of Use. All such guidelines
or rules are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE,
YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY
THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR
DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR
THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use
are effective as of 01/01/2011. We expressly reserve the right to change these
Terms of Use from time to time without notice to you. You acknowledge and agree
that it is your responsibility to review this site and these Terms of Use from
time to time and to familiarize yourself with any modifications. Your continued
use of this site after such modifications will constitute acknowledgement of
the modified Terms of Use and agreement to abide and be bound by the modified
Terms of Use.
As used in these
Terms of Use, references to our "Affiliates" include our owners,
subsidiaries, affiliated companies, officers, directors, suppliers, partners,
sponsors, and advertisers, and includes (without limitation) all parties
involved in creating, producing, and/or delivering this site and/or its
contents.
2. Description of
Services
We make various
services available on this site including, but not limited to, stamps, punches,
glitter, stamp accessories, and other like services. You are responsible for
providing, at your own expense, all equipment necessary to use the services,
including a computer, modem, and Internet access (including payment of all fees
associated with such access).
We reserve the sole
right to either modify or discontinue the site, including any of the site’s
features, at any time with or without notice to you. We will not be liable to
you or any third party should we exercise such right. Any new features that
augment or enhance the then-current services on this site shall also be subject
to these Terms of Use.
3. Registration Data
and Privacy
In order to access
some of the services on this site, you will be required to use an account and
password that can be obtained by completing our online registration form, which
requests certain information and data ("Registration Data"), and
maintaining and updating your Registration Data as required. By registering,
you agree that all information provided in the Registration Data is true and
accurate and that you will maintain and update this information as required in
order to keep it current, complete, and accurate.
You also grant us the
right to disclose to third parties certain Registration Data about you. The
information we obtain through your use of this site, including your
Registration Data, is subject to our Privacy Policy, which is
specifically incorporated by reference into these Terms of Use.
4. Conduct on Site
Your use of the site
is subject to all applicable laws and regulations, and you are solely
responsible for the substance of your communications through the site. By
posting information in or otherwise using any communications service, chat
room, message board, newsgroup, software library, or other interactive service
that may be available to you on or through this site, you agree that you will
not upload, share, post, or otherwise distribute or facilitate distribution of
any content -- including text, communications, software, images, sounds, data,
or other information -- that:
a. is unlawful,
threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another’s privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual
language of a violent or threatening nature directed at another individual or
group of individuals), or otherwise violates our rules or policies;
b. victimizes,
harasses, degrades, or intimidates an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
c. infringes on any
patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party;
d. constitutes
unauthorized or unsolicited advertising, junk or bulk email (also known as
"spamming"), chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling;
e. contains software
viruses or any other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of any third party; or
f. impersonates any
person or entity, including any of our employees or representatives.
We neither endorse
nor assume any liability for the contents of any material uploaded or submitted
by third party users of the site. We generally do not pre-screen, monitor, or
edit the content posted by users of communications services, chat rooms,
message boards, newsgroups, software libraries, or other interactive services
that may be available on or through this site. However, we and our agents have
the right at their sole discretion to remove any content that, in our judgment,
does not comply with these Terms of Use and any other rules of user conduct for
our site, or is otherwise harmful, objectionable, or inaccurate. We are not
responsible for any failure or delay in removing such content. You hereby
consent to such removal and waive any claim against us arising out of such
removal of content. See "Use of Your Materials" below for a
description of the procedures to be followed in the event that any party
believes that content posted on this site infringes on any patent, trademark,
trade secret, copyright, right of publicity, or other proprietary right of any
party.
In addition, you may
not use your account to breach security of another account or attempt to gain
unauthorized access to another network or server. Not all areas of the site may
be available to you or other authorized users of the site. You shall not
interfere with anyone else’s use and enjoyment of the site or other similar
services. Users who violate systems or network security may incur criminal or
civil liability.
You agree that we may
at any time, and at our sole discretion, terminate your membership, account, or
other affiliation with our site without prior notice to you for violating any
of the above provisions. In addition, you acknowledge that we will cooperate
fully with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in investigating
suspected criminal violations.
5. Third Party Sites
and Information
This site may link
you to other sites on the Internet or otherwise include references to
information, documents, software, materials and/or services provided by other
parties. These sites may contain information or material that some people may
find inappropriate or offensive. These other sites and parties are not under
our control, and you acknowledge that we are not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the content of
such sites, nor are we responsible for errors or omissions in any references to
other parties or their products and services. The inclusion of such a link or
reference is provided merely as a convenience and does not imply endorsement
of, or association with, the site or party by us, or any warranty of any kind,
either express or implied.
6. Intellectual
Property Information
Copyright (c)
01/01/2011 Stamping Fools All Rights Reserved.
For purposes of these
Terms of Use, "content" is defined as any information, data,
communications, software, photos, video, graphics, music, sounds, and other
material and services that can be viewed by users on our site. This includes
message boards, chat, and other original content.
By accepting these
Terms of Use, you acknowledge and agree that all content presented to you on
this site is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws, and is the sole property of Stamping Fools
and/or its Affiliates. You are only permitted to use the content as expressly
authorized by us or the specific content provider. Except for a single copy
made for personal use only, you may not copy, reproduce, modify, republish,
upload, post, transmit, or distribute any documents or information from this
site in any form or by any means without prior written permission from us or
the specific content provider, and you are solely responsible for obtaining
permission before reusing any copyrighted material that is available on this
site. Any unauthorized use of the materials appearing on this site may violate
copyright, trademark and other applicable laws and could result in criminal or
civil penalties.
Neither we or our
Affiliates warrant or represent that your use of materials displayed on, or
obtained through, this site will not infringe the rights of third parties. See
"User’s Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on this site
infringes on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party.
The following are
registered trademarks, trademarks or service marks of Stamping Fools or its
Affiliates: Punch Bunch, Loralie. All custom graphics, icons, logos and service
names are registered trademarks, trademarks or service marks of Stamping Fools
or its Affiliates. All other trademarks or service marks are property of their
respective owners. Nothing in these Terms of Use grants you any right to use
any trademark, service mark, logo, and/or the name of Stamping Fools or its
Affiliates.
7. Unauthorized Use
of Materials
Subject to our
Privacy Policy, any communication or material that you transmit to this site or
to us, whether by electronic mail, post, or other means, for any reason, will
be treated as non-confidential and non-proprietary. While you retain all rights
in such communications or material, you grant us and our agents and affiliates
a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such
material for any purpose regardless of the form or medium (now known or not
currently known) in which it is used.
Please do not submit
confidential or proprietary information to us unless we have mutually agreed in
writing otherwise. We are also unable to accept your unsolicited ideas or
proposals, so please do not submit them to us in any circumstance.
We respect the
intellectual property of others, and we ask you to do the same. If you or any
user of this site believes its copyright, trademark or other property rights
have been infringed by a posting on this site, you or the user should send
notification to our Designated Agent (as identified below) immediately. To be
effective, the notification must include:
1. Identify in
sufficient detail the copyrighted work that you believe has been infringed upon
or other information sufficient to specify the copyrighted work being
infringed).
2. Identify the
material that you claim is infringing the copyrighted work listed in item #1
above.
3. Provide
information reasonably sufficient to permit us to contact you (email address is
preferred).
4. Provide information,
if possible, sufficient to permit us to notify the owner/administrator of the
allegedly infringing webpage or other content (email address is preferred).
5. Include the
following statement: "I have a good faith belief that use of the
copyrighted materials described above as allegedly infringing is not authorized
by the copyright owner, its agent, or the law."
6. Include the
following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner
or am authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed."
7. Sign the paper.
8. Send the written
communication to the following address:
Designated Agent for
Claimed Infringement:
Contact: Laura Baldonado
Address: 235 E. Ninth Street
Phone: 909-931-9140
You acknowledge and
agree that upon receipt of a notice of a claim of copyright infringement, we
may immediately remove the identified materials from our site without liability
to you or any other party and that the claims of the complaining party and the
party that originally posted the materials will be referred to the United
States Copyright Office for adjudication as provided in the Digital Millennium
Copyright Act.
8. Disclaimer of
Warranties
ALL MATERIALS AND
SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE
OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET
YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD
INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE
MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE
PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT
NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE
NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE
SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of
the site, you may have the opportunities to engage in commercial transactions
with other users and vendors. You acknowledge that all transactions relating to
any merchandise or services offered by any party, including, but not limited to
the purchase terms, payment terms, warranties, guarantees, maintenance and
delivery terms relating to such transactions, are agreed to solely between the
seller or purchaser of such merchandize and services and you. WE MAKE NO
WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH
THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED
ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY
PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE
FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY
OTHER OF OUR AFFILIATES.
Content available
through this site often represents the opinions and judgments of an information
provider, site user, or other person or entity not connected with us. We do not
endorse, nor are we responsible for the accuracy or reliability of, any
opinion, advice, or statement made by anyone other than an authorized Stamping
Fools spokesperson speaking in his/her official capacity. Please refer to the
specific editorial policies posted on various sections of this site for further
information, which policies are incorporated by reference into these Terms of
Use.
You understand and
agree that temporary interruptions of the services available through this site
may occur as normal events. You further understand and agree that we have no
control over third party networks you may access in the course of the use of
this site, and therefore, delays and disruption of other network transmissions
are completely beyond our control.
You understand and
agree that the services available on this site are provided "AS IS"
and that we assume no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of
Liability
IN NO EVENT SHALL WE
OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.
FURTHER, WE SHALL NOT
BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS
SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us,
you agree to defend, indemnify, and hold us and our Affiliates harmless from
all liabilities, claims, and expenses, including attorney’s fees, that arise
from your use or misuse of this site. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
11. Security and
Password
You are solely
responsible for maintaining the confidentiality of your password and account
and for any and all statements made and acts or omissions that occur through
the use of your password and account. Therefore, you must take steps to ensure
that others do not gain access to your password and account. Our personnel will
never ask you for your password. You may not transfer or share your account
with anyone, and we reserve the right to immediately terminate your account if
you do transfer or share your account.
12. Participation in
Promotions
From time to time,
this site may include advertisements offered by third parties. You may enter
into correspondence with or participate in promotions of the advertisers
showing their products on this site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such correspondence
or promotions, are solely between you and the advertiser. We assume no
liability, obligation or responsibility for any part of any such correspondence
or promotion.
13. E-mail,
Messaging, Blogging, and Chat Services
We may make email,
messaging, blogging, or chat services (collectively,
"Communications") available to users of our site, either directly or
through a third-party provider. We make available separate supplemental
agreements characterizing the relationship between you and us that, except
where expressly noted or contradictory, includes these Terms.
We will not inspect
or disclose the contents of private Communications except with the consent of
the sender or the recipient, or in the narrowly-defined situations provided
under the Electronic Communications Privacy Act, or as other required by law or
by court or governmental order. Further information is available in our Privacy
Policy.
We may employ
automated monitoring devices or techniques to protect our users from mass
unsolicited communications (also known as "spam") and/or other types
of electronic communications that we deem inconsistent with our business
purposes. However, such devices or techniques are not perfect, and we will not
be responsible for any legitimate communication that is blocked, or for any
unsolicited communication that is not blocked.
Mailboxes may have a
limited storage capacity. If you exceed the maximum permitted storage space, we
may employ automated devices that delete or block email messages that exceed
the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site
may be accessible worldwide, we make no representation that materials on this
site are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on
their own initiative and are responsible for compliance with local laws. Any
offer for any product, service, and/or information made in connection with this
site is void where prohibited.
15. Termination of
Use
You agree that we
may, in our sole discretion, terminate or suspend your access to all or part of
the site with or without notice and for any reason, including, without
limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or
illegal activity may be grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities.
Upon termination or
suspension, regardless of the reasons therefore, your right to use the services
available on this site immediately ceases, and you acknowledge and agree that
we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or this site. We shall not be liable to you or any third party for any
claims or damages arising out of any termination or suspension or any other
actions taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding
any linked sites) is controlled by us from our offices within the CA, United
States of America. It can be accessed from all 50 states, as well as from other
countries around the world. As each of these places has laws that may differ
from those of CA, by accessing this site both of us agree that the statutes and
laws of the State of CA, without regard to the conflicts of laws principles
thereof and the United Nations Convention on the International Sales of Goods,
will apply to all matters relating to the use of this site and the purchase of
products and services available through this site. Each of us agrees and hereby
submits to the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the State of CA with respect to such matters.
17. Notices
All notices to a
party shall be in writing and shall be made either via email or conventional
mail. Notices to us must be sent to the attention of Customer Service at
stampingfools@gmail.com, if by email, or at Stamping Fools 235 E. Ninth St if
by conventional mail. Notices to you may be sent to the address supplied by you
as part of your Registration Data. In addition, we may broadcast notices or
messages through the site to inform you of changes to the site or other matters
of importance, and such broadcasts shall constitute notice to you at the time
of sending.
18. Entire Agreement
These terms and
conditions constitute the entire agreement and understanding between us
concerning the subject matter of this agreement and supersedes all prior
agreements and understandings of the parties with respect to that subject
matter. These Terms of Use may not be altered, supplemented, or amended by the
use of any other document(s). Any attempt to alter, supplement or amend this
document or to enter an order for products or services which are subject to
additional or altered terms and conditions shall be null and void, unless
otherwise agreed to in a written agreement signed by you and us. To the extent
that anything in or associated with this site is in conflict or inconsistent
with these Terms of Use, these Terms of Use shall take precedence.
19. Miscellaneous
In any action to
enforce these Terms of Use, the prevailing party will be entitled to costs and
attorneys’ fees. Any cause of action brought by you against us or our
Affiliates must be instituted with one year after the cause of action arises or
be deemed forever waived and barred.
You may not assign
your rights and obligations under these Terms of Use to any party, and any
purported attempt to do so will be null and void. We may free assign our rights
and obligations under these Terms of Use.
You agree not to
sell, resell, reproduce, duplicate, copy or use for any commercial purposes any
portion of this site, or use of or access to this site.
In addition to any
excuse provided by applicable law, we shall be excused from liability for
non-delivery or delay in delivery of products and services available through
our site arising from any event beyond our reasonable control, whether or not
foreseeable by either party, including but not limited to, labor disturbance,
war, fire, accident, adverse weather, inability to secure transportation,
governmental act or regulation, and other causes or events beyond our
reasonable control, whether or not similar to those which are enumerated above.
If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain
in full force and effect.
Any failure by us to
enforce or exercise any provision of these Terms of Use or related rights shall
not constitute a waiver of that right or provision.
20. Contact
Information
Except as explicitly
noted on this site, the services available through this site are offered by
Stamping Fools located at 235 E. Ninth St. Our telephone number is
909-931-9140. If you notice that any user is violating these Terms of Use,
please contact us at stampingfools@gmail.com.
Terms
and Conditions of Sale
1. Sale and Purchase
of Goods
Stamping Fools
("Seller") hereby agrees to sell, and You ("Buyer") hereby
agree to purchase, goods of the description and quantity described on the
checkout window ("Checkout") and incorporated herein by this
reference ("Goods") on the terms and conditions set forth in this
Agreement.
2. Purchase Price
Buyer agrees to pay
the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of
the Purchase Price shall be payable in full by Buyer at Checkout.
4. Delivery
Unless otherwise
agreed in writing, delivery shall be made in accordance with Seller's shipping
policy in effect on the date of shipment. Delivery dates provided by Seller are
estimates only. Seller will make reasonable efforts to deliver in accordance
with such dates; however, Seller will not be liable for failure to deliver as
estimated. Unless otherwise agreed in writing by Seller, Goods shall be
packaged according to Seller's standards and practices.
5. Limited Warranty
Seller supplies as
its sole warranty the following:
We want you to be
happy with your purchase. If you receive a broken or defective product, please
email or call us within 30 days and we will pay for shipping it back to us. We
will either replace the item and ship it to you at no additional cost, or if we
are not able to replace the item we will refund your money (including shipping
charges).
The warranty shall
last for 30 days.
The warranties
provided for herein shall be governed by Seller's warranty policies in effect
on the date of shipment.
6. Disclaimer of
Warranty/Limitation of Liability
Seller undertakes no
responsibility for the quality of the Goods or that the Goods will be fit for
any particular purpose for which Buyer may be buying the Goods, except as
otherwise provided in this Agreement, and Seller disclaims all other warranties
and conditions, express or implied.
SELLER (INCLUDING ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE
"SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO
BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE
GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR
REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST
DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES,
EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE,
OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR
CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS
ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL
SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS,
DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS
ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY
WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND NONE OF SELLER OR
ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS
BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING
FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY
ANY OF THE GOODS.
7. Force Majeure
Seller shall not be
held responsible for any failure of performance to make timely delivery of all
or any part of the Goods in the event such failure was due, in whole or in
part, to federal, provincial or municipal action, statute, ordinance or
regulation, strike or other labor trouble, fire or other damage to or
destruction of, in whole or in part, the Goods or the manufacturing facility
for the Goods, the lack of or inability to obtain raw materials, labor, fuel,
electrical power, water or supplies, or any other cause, act of God,
contingency or circumstances not subject to the reasonable control of Seller,
which causes delays or hinders the manufacture or delivery of Goods. Seller
shall determine in good faith the extent to which it can reasonably control a
cause, contingency, or circumstance that affects the performance of its
obligations.
8. General
Buyer may not assign
this Agreement without Seller's written consent. Seller is the sole intended
beneficiary of this Agreement. If there is any inconsistency between this
Agreement and any other agreement included with or relating to the Goods, this
Agreement shall govern. This Agreement may not be modified, altered or amended
without the written agreement of Seller. Any additional or altered terms
attached to any order submitted by Buyer shall be null and void, unless
expressly agreed to in writing by Seller. If any term of this Agreement is
illegal or unenforceable, the legality and enforceability of the remaining
provisions shall not be affected or impaired. This Agreement shall be
interpreted under the laws of the State of Virginia, without giving effect to
conflicts-of-law rules; and in the event of a dispute under this Agreement;
Buyer submits to the exclusive jurisdiction and venue of the courts of the
Commonwealth of Virginia and hereby waives any objection to such jurisdiction
and venue
Blog
and Message Board Terms of Use
Stamping Fools
("We" or "Us" or "Our") offers the use of its
blogging and message board services (along with the content posted thereon, the
"Services") subject to the terms and conditions of use (the
"Terms") contained herein. All references herein to "We," "Us,"
or "Our" are intended to include Stamping Fools and any other
affiliated companies. By accessing, creating or contributing to any blogs or
messages hosted by us (the "Blog"), and in consideration for the
Services we provide to you, you agree to abide by these Terms. Please read them
carefully before posting to or creating any Blog. We reserve the right to
change, at any time, at our sole discretion, the Terms under which these
Services are offered. You are responsible for regularly reviewing these Terms
for changes. Your continued use of the Services constitutes your acceptance of
all such Terms. If you do not agree with these Terms, please do not use the
Services.
1. Disclaimer of
Company Responsibility for Blog Content
You understand that
all content posted to the Blog (the "Content") is the sole
responsibility of the individual who originally posted the content. You
understand, also, that all opinions expressed by users of this site are
expressed strictly in their individual capacities, and not as Our
representatives or any of Our sponsors or partners. The opinions that you or
others post in the Blog do not necessarily reflect Our opinions.
2. Posting
(a) By posting your
Content using the Services, you are granting an unrestricted, irrevocable,
non-exclusive, royalty-free, perpetual, worldwide, and fully transferable,
assignable, and sublicensable right and license to use, copy, reproduce,
modify, adapt, publish, translate, create collective or derivative works from,
distribute, perform and display your Content in whole or in part and to
incorporate it in other works in any form, media, or technology now known or
later developed. You further warrant that all so-called moral rights in the
content have been waived.
(b) By posting
content to the Blog, you warrant and represent that you either own or otherwise
control all of the rights to that content, including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
content, or that your use of the content is a protected fair use. You agree
that you will not knowingly provide material and misleading false information.
You represent and warrant also that the content you supply does not violate
these Terms. It is your sole responsibility to ensure that your postings do not
disclose confidential and/or proprietary information, including personal
financial information, information covered by a nondisclosure agreement, and
information that you are not authorized to disclose. We caution you not to
disclose personal information about yourself or your children, such as social
security numbers, credit card numbers, etc.
(c) You agree to
indemnify and hold Us and Our affiliated companies, and their directors,
officers and employees, harmless for any and all claims or demands, including
reasonable attorney fees, that arise from or otherwise relate to your use of
the Blog, any content you supply to the Blog, or your violation of these Terms
or the rights of another.
3. Accessing
(a) You agree that We
will not be liable, under any circumstances and in any way, for any errors or
omissions, loss or damage of any kind incurred as a result of use of any
content posted on this site. You agree that you must evaluate and bear all
risks associated with the use of any content, including any reliance on the
accuracy, completeness, or usefulness of such content. You agree not to collect
information about others, including e-mail addresses, or to use information
obtained from the Services to send other users unsolicited e-mail of any kind.
(b) The Blog is
provided for informational purposes only; we shall not be responsible or liable
for the accuracy or availability of any information appearing or available on
the Blog.
(c) Blog postings may
provide links to other websites on the Internet. We are not responsible or
liable for such content and we make no express or implied warranty about the
accuracy, copyright compliance, legality, merchantability, or any other aspect
of the content of such postings. We are not responsible or liable for any
advertising, products, or other materials on or available from such websites or
resources. The inclusion of links does not imply endorsement of the Websites by
Us or any association with their operators.
(d) We may enable you
to establish an account with a username and password to access and use the
Services. If so, you are responsible for maintaining the strict confidentiality
of your password, and you are responsible for any activity occurring through
use of your account and password. You agree to immediately notify us of any
unauthorized use of your password or account or any other breach of security
and ensure that you exit from your account at the end of each session. We are
not responsible or liable for any loss or damage arising from your failure to
comply with this provision.
4. Children
Collecting personal
information from children under the age of 18 ("minor children")
through the Services or the Blog is prohibited. No Content should be directed
toward minor children. Minor children are not eligible to use the site, and we
ask that they do not submit any personal information to us.
5. Privacy Policy
Please be sure to
read our Privacy Policy, which is available at this website and incorporated
herein by reference.
6. Unauthorized Use
of Materials
See Website Terms of
Use
7. Termination of Access/Removal
of Content
We shall have the
right in Our sole discretion to terminate your access to and use of the
Services and/or remove any of your Content should We consider your statements
or conduct to be inaccurate, illegal, obscene, defamatory, threatening,
infringing of intellectual property rights, invasive of privacy, injurious,
objectionable, or otherwise in violation of these Terms or applicable law.
8. Disclaimer of
Warranties
See Website Terms of
Use
9. Limitation of
Liability
See Website Terms of
Use
10. Acceptance and
Acknowledgement of Terms
Use of this website
constitutes acceptance of these Terms. You acknowledge that you have read and
are bound by the Terms, as well as any other usage agreements of Ours,
including the Website Terms of Use that may govern your conduct. Thank you for
participating in the Blog. Please do not hesitate to contact us at
stampingfools@gmail.com if you have questions.
