This Terms of Use Agreement sets forth the standards of use of the Gemstone Crafts USA Online Service. By using the Gemstone Crafts USA www.gemstonecraftsUSA.com/ website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Gemstone Crafts USA www.gemstonescraftsUAS.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
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Description of Service
Gemstone Crafts USA is providing members with spiritual supplies. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem, and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
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Disclaimer of Warranties.
The site is provided by Gemstone Crafts USA on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Gemstone Crafts USA makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Gemstone Crafts USA shall have no liability for any interruptions in the use of this Website. Gemstone Crafts USA disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. All of the items in this catalog are sold as CURIOS ONLY. We make no claims nor guarantee any supernatural or magical qualities for any products. The names and alleged powers are gathered from books, folklore, and various other sources.
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Limitation of Liability
Gemstone Crafts USA SHALL NOT be liable for any damages whatsoever, and in particular, Gemstone Crafts USA shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under the statute, in equity, at law, or otherwise, even if Gemstone Crafts USA has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
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Indemnification
Member agrees to indemnify and hold Gemstone Crafts USA its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or another user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
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Modifications and Interruption to Service
Gemstone Crafts USA reserves the right to modify or discontinue the Service with or without notice to the Member. Gemstone Crafts USA shall not be liable to Member, or any third party should Gemstone Crafts USA exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Gemstone Crafts USA does not guarantee continuous, uninterrupted, or secure access to our website, and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
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Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Gemstone Crafts USA makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Gemstone Crafts USA makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
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Governing Jurisdiction of the Courts Utah
Our website is operated and provided in the State of Utah. As such, we are subject to the laws of Utah, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal, or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Utah.
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Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
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Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2016 originalbotanica.com, with all rights reserved, or is the property of Gemstone Crafts USA and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Gemstone Crafts USA Botanica, is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic devices, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Gemstone Crafts USA Botanica.
Gemstone Crafts USA and urbanaffirmationcrystals.com are proprietary marks of originalbotanica.com. Gemstone Crafts USA’s trademarks may not be used in connection with any product or service that is not provided by Gemstone Crafts USA, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gemstone Crafts USA.
All other trademarks displayed on Gemstone Crafts USA’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Gemstone Crafts USA.
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Botnets
Gemstone Crafts USA retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Gemstone Crafts USA reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
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Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Gemstone Crafts USA, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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Customer Photo and Video Sharing Terms of Conditions
These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service offered by GEMSTONE CRAFTS USA (the "CPVS Service"). To the extent there is any conflict between GEMSTONE CRAFTS USA' Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CPVS Service.
By submitting any content to GEMSTONE CRAFTS USA, you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto.
- all "moral rights" that you may have in such content have been voluntarily waived by you.
- all content that you post is accurate.
- you are at least 13 years old.
- use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:
- that is known by you to be false, inaccurate, or misleading.
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.
- for which you were compensated or granted any consideration by any third party.
- that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers.
- that contains any computer viruses, spyware, worms, or other potentially damaging computer programs or files.
For any content that you submit, you grant GEMSTONE CRAFTS USA a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that GEMSTONE CRAFTS USA shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against GEMSTONE CRAFTS USA with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.
Any content that you submit to GEMSTONE CRAFTS USA may or may not be published or used by GEMSTONE CRAFTS USA. GEMSTONE CRAFTS USA reserves the right to edit, condense or delete any submitted content that is ultimately posted on GEMSTONE CRAFTS USA' website if GEMSTONE CRAFTS USA deems, in its sole discretion, that such content violates these Terms of Use. GEMSTONE CRAFTS USA do not guarantee that you will have any recourse through GEMSTONE CRAFTS USA to edit or delete any content you have submitted. GEMSTONE CRAFTS USA may also need to provide disclosures with respect to any content submitted and published by GEMSTONE CRAFTS USA. GEMSTONE CRAFTS USA reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not GEMSTONE CRAFTS USA, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of GEMSTONE CRAFTS USA, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
By submitting a photo or video, you agree that GEMSTONE CRAFTS USA may contact you about your photo or video and for other administrative purposes. GEMSTONE CRAFTS USA may share your comments [along with identifying information] to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by GEMSTONE CRAFTS USA provided that, in such event, the third-party vendor will have no right to use any such information other than uses necessary to fulfill its services to GEMSTONE CRAFTS USA.
GEMSTONE CRAFTS USADO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND GEMSTONE CRAFTS USADO NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS. Under no circumstances shall GEMSTONE CRAFTS USA and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive, or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if GEMSTONE CRAFTS USA has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse, or other harmful components.
You agree to indemnify and hold GEMSTONE CRAFTS USA(and their respective officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers, including but not limited to Rivet Works, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
These Terms of Use and their enforcement shall be governed by the laws of the state of UTAH, excluding its conflict of laws provisions. You agree to submit to jurisdiction in UTAH and further agree that any cause of action arising under these Terms of Use may be brought in a court in Fairview, UTAH and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.
