REGISTRATION: RULES FOR USER CONDUCT AND USE OF THE WEBSITE
You need to be at least 13 years old and a resident of the United States to register for and use the Website.
If you are a user who signs up for the Website, will create a personalized account which includes a unique username and a password to access the Website and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
� post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
� use the website for any unlawful purpose or for the promotion of illegal activities;
� attempt to, or harass, abuse or harm another person or group;
� use another user�s account without permission;
� provide false or inaccurate information when registering an account;
� interfere or attempt to interfere with the proper functioning of the Website;
� make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
� bypass any robot exclusion headers or other measures we take to restrict access to the Website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or manipulate data; or
� publish or link to malicious content intended to damage or disrupt another user�s browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (�User Content�). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Website. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Website at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Website, you agree as follows:
� You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
� You will not post information that is malicious, false or inaccurate;
� You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
� You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Website, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Website is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website.
Elegant Accents reserves the right to refuse credit cards and/or cancel any order (s) from any business/individual, for any reason, at any time.
� ALL GOODS ARE INSPECTED. �All items are HANDCRAFTED from NATURAL MATERIALS (stone, shell, coco, leather, etc.). Variations in the natural materials highlight the unique qualities of each piece. All pieces are hand-made and hand-finished. No two pieces will be exactly alike.
� AVAILABILITY. All items are usually in stock for immediate shipment
� FREIGHT/DELIVERY. All orders are shipped FOB, Elegant Accents warehouse, Los Angeles, California. (FOB means Free on Board and that Ownership of the merchandise transfers to the customer as soon as the merchandise is picked up from the Elegant Accents warehouse by UPS, Common carrier, Truck, Delivery Service, Customer vehicle, etc.) Note: Common Carriers/Trucking Companies are not responsible for unloading merchandise from the truck. Elegant Accents will try to find the most economical way to ship your order. Any special shipping instructions must be indicated on the order.
� Customer is always responsible for ALL freight charges.
� No orders will be shipped until payment is made.
� RETURN CHECK FEES. All returned/bounced checks will be assessed a $35.00 charge.
� SPECIAL ORDERS We accept Special Orders with a 50% down payment, and the balance due prior to delivery. Normal delivery times for special orders may be between 2-3 months. Intricate orders may take 3-6 months. Orders must be in writing. Line drawings will help expedite your order. Please Contact Special Order Department at 888-486-8800.
� �DROP SHIPMENTS Drop shipments are accommodated. Orders must be mailed or faxed in.
� BACKORDERS. All backorders are shipped unless advised otherwise in writing.
� DAMAGED SHIPMENT. Please do not discard the packing materials until you have checked the merchandise received. Discarded packaging may invalidate any freight claim. In the event of damages or missing pieces, you must call us at Tel.(888) 486-8800 within 5 days from receipt of the shipment in order for us to help you process your claim. The following information is needed: [a] Description of damaged item; [b] Condition of outer packaging; [c] Tracking number; and [d] Invoice number. Please inspect the shipment carefully. If you suspect that there is even the slightest chance of damage, even if you can't see it, just contact us at (888)-486-8800.
� RETURNS & EXCHANGE . We Will Not Accept Unauthorized Returns. Authorization for credit or the return of defective, damaged or incorrectly shipped merchandise must be phoned to us at (888)-486-8800 WITHIN 5 DAYS OF RECEIPT OF MERCHANDISE. We will give you an RMA (Return Merchandise Authorization) number, as well as the SHIP TO address for the merchandise to be returned to. Any shipments refused or returned without prior authorization will subject the customer to a 35% (of invoice value) restocking fee, plus freight.
� �CANCELLED ORDERS All orders that are placed (verbal, written, faxed or otherwise) are considered confirmed orders; and if cancelled, will be subject to a cancellation fee of 25% of invoice value or at a percentage management deems appropriate.
� CHANGES. All prices and sizes are subject to change without prior notice
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone�s reliance on information or other content posted on the Website, or transmitted to users.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (�DMCA�) by sending the following information in writing to the Company�s designated copyright agent at 369 South Doheny Drive Beverly Hills, CA 90211
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the website provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in California and a statement that you will accept website of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company�s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Website, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to email@example.com.
Opting out may prevent you from receiving messages regarding the Company or special offers.
THE WEBSITE, IS PROVIDED �AS IS,� WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE WEBSITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE; (C) THE WEBSITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE WEBSITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or website that you review using the Website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code �1542, which says: �A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.�
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.