Web Site Agreement
The Silver Beads Wholesale (the
"Site") is an online gift store service provided by Shrimpex Inc.,
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Silver Beads Wholesale Inc. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the
Site are protected by international copyright and trademark laws. The
owner of the copyrights and trademarks are Silver Beads Wholesale Inc., its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to Shri
Impex Inc. a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Silver Beads Wholesale Inc. by all
means and in any media now known or hereafter developed. You also
grant to Silver Beads Wholesale Inc. the right to use your name in connection with
the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against Silver Beads Wholesale
Inc. for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to Silver Beads Wholesale Inc.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or service marks of Silver Beads Wholesale Inc. Other product
and company names mentioned in the Site may be the trademarks of their
respective owners.
2.
Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Silver Beads Wholesale Inc, Silver Beads Wholesale
Inc. does not operate, control or endorse any information, products or
services on the Internet in any way. Except for Silver Beads Wholesale Inc-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties that are not affiliated with
Silver Beads Wholesale Inc. You also understand that Silver Beads Wholesale Inc. cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to the
Site for the reconstruction of any lost data. We do not take
responsibility for errors made due to misprinting, typo's etc., for
the prices quoted for items and if in case of any such error, the
actual or the correct price will be charged to you.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. Silver Beads Wholesale Inc. PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Shri
Impex Inc. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. Silver Beads Wholesale Inc. DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Shri
Impex Inc. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT
WILL Silver Beads Wholesale Inc. BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF Silver Beads Wholesale Inc. OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Silver Beads Wholesale Inc.
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Silver Beads Wholesale Inc.
makes no representations whatsoever about any other web site, which
you may, access through this one or which may link to this Site. When
you access a non-Silver Beads Wholesale.com web site, please understand that it is
independent from Silver Beads Wholesale Inc., and that Silver Beads Wholesale Inc. has no
control over the content on that web site. In addition, a link to a
Silver Beads Wholesale Inc.’s web site does not mean that Silver Beads Wholesale Inc. endorses
or accepts any responsibility for the content, or the use, of such web
site.
3.
Indemnification.
You agree to indemnify, defend and hold harmless Silver Beads Wholesale Inc., its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4.
Third Party Rights.
The provisions
of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of Silver Beads Wholesale Inc. and its officers, directors, employees,
agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
5.Term; Termination.
Either party may terminate this Agreement without notice at any time
for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement
shall all be governed and construed in accordance with the laws of The
United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal
action or proceeding Silver Beads Wholesale Inc. and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America. Any cause of
action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. Silver Beads Wholesale Inc.
failure to insist upon or enforce strict performance of any provision
of this Agreement 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 provision of this Agreement. Shri
Impex Inc. may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not
expressly granted herein are reserved.
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