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| Conditions of Use |
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Welcome to our online store! Embellishments Inc. and its associates
provide their services to you subject to the following conditions. If
you visit or shop within this website, you accept these conditions.
Please read them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our
website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Embellishments Inc. or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of Embellishments Inc. or
its content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the
exclusive property of Embellishments Inc., with copyright authorship
for this collection by respective owners., and protected by U.S. and
international copyright laws. The software application provider and
author for "osCommerce", is used under the GNU GENERAL PUBLIC LICENSE
and all original authorship and credit for osCommerce remains the
intellectual rights of www.oscommerce.com.
LICENSE AND SITE ACCESS
Embellishments Inc. grants you a limited license to access and make
personal use of this site and not to download (other than page caching)
or modify it, or any portion of it, except with express written consent
of Embellishments Inc.. This license does not include any resale or
commercial use of this site or its contents: any collection and use of
any product listings, descriptions, or prices: any derivative use of
this site or its contents: any downloading or copying of account
information for the benefit of another merchant: or any use of data
mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without express written consent of Embellishments
Inc.. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, page layout, or form) of Embellishments Inc. and our associates
without express written consent. You may not use any meta tags or any
other ":hidden text": utilizing Embellishments Inc.\'s
name or trademarks without the express written consent of
Embellishments Inc.. Any unauthorized use terminates the permission or
license granted by Embellishments Inc.. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home
page of Embellishments Inc. so long as the link does not portray
Embellishments Inc., its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may
not use any Embellishments Inc. logo or other proprietary graphic or
trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you are under
18, you may use our website only with involvement of a parent or
guardian. Embellishments Inc. and its associates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
USER SUBMITTED COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may, at times, be able to post content, such as suggestions,
ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form of
":spam.": You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin
of a card or other content. Embellishments Inc. reserves the right (but
not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant Embellishments Inc. and its associates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Embellishments
Inc. and its associates and sublicensees the right to use the name that
you submit in connection with such content, if they choose. You
represent and warrant that you own or otherwise control all of the
rights to the content that you post: that the content is accurate: that
use of the content you supply does not violate this policy and will not
cause injury to any person or entity: and that you will indemnify
Embellishments Inc. or its associates for all claims resulting from
content you supply. Embellishments Inc. has the right but not the
obligation to monitor and edit or remove any activity or content.
Embellishments Inc. takes no responsibility and assumes no liability
for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Embellishments Inc. are made pursuant to a
shipment contract. This basically means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Embellishments Inc. and its associates attempt to be as accurate as
possible. However, Embellishments Inc. does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by
Embellishments Inc. itself is not as described, your sole remedy is to
return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY EMBELLISHMENTS, INC. ON AN ":AS
IS": AND ":AS AVAILABLE": BASIS.
EMBELLISHMENTS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EMBELLISHMENTS, INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. EMBELLISHMENTS, INC. DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM EMBELLISHMENTS, INC. ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. EMBELLISHMENTS, INC. WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Embellishments Inc., you agree that the laws of the state
of Pennsylvania, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might
arise between you and Embellishments Inc. or its associates.
DISPUTES
Any dispute relating in any way to your visit to Embellishments Inc. or
to products you purchase through Embellishments Inc. shall be submitted
to confidential arbitration in Pennsylvania, except that, to the extent
you have in any manner violated or threatened to violate Embellishments
Inc.\'s intellectual property rights, Embellishments Inc. may seek
injunctive or other appropriate relief in any state or federal court in
the state of Pennsylvania, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrators 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns
policy, posted on this site. These policies also govern your visit to
Embellishments Inc.. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other
policy related material can be directed to our support staff by
clicking on the "Contact Us" link in the side menu. Or you can email us
at: contact@embellishments.com
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