AGREEMENT
Please review the following terms and conditions (the "Terms") carefully before using our site and before purchasing products or obtaining content from our website, as the Terms constitute a legally binding agreement by and between us and you. We are a corporation existing under the laws of the State of Wyoming, U.S.A. When we use the word "website," we are referring to our web pages that begin with www.eurekacrystalbeads.com.
Your use of our website, registration on our website, or your providing to us any content or personal information constitutes your agreement to these Terms, including but not limited to our Privacy Policy, which is incorporated herein by reference. Your access to and use of the Site are conditioned on your acceptance of and compliance with these Terms.
PRIVACY POLICY
Our Privacy Policy, which is amended from time to time, is a part of these Terms. By using the website, you acknowledge that you have read, understood, and agreed to our Privacy Policy.
CHANGES TO TERMS AND PRIVACY POLICY
We reserve the right to change the Terms and Privacy Policy at any time upon notice to you, to be given by posting a new version on our website and/or by a change notice on the website. It is your responsibility to review the Terms and Privacy Policy periodically.
USERS MUST BE OF LEGAL AGE
Our website is a commercial website designed for people over 18. If you are under 18, please have a parent or guardian present. We are not liable for any damages that may result from a user's misrepresentation of age.
LICENSE
Subject to your compliance with these Terms, Eureka grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the website. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; 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. All rights not expressly granted to you in these Terms are reserved and retained by Eureka Crystal Beads or our licensors, suppliers, publishers, rightsholders, or other content providers. You may use the website only as permitted by law. The license granted by us terminates if you do not comply with these Terms.
RISK ASSUMPTION
Use of this website is exclusively at the sole risk of you, the visitor. We are not responsible if the information on this website is inaccurate or incomplete. The website may contain links to other websites that may be of interest to the visitor. Eureka has no control over nor responsibility for the content found on those websites or their accessibility. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or resources.
INTELLECTUAL PROPERTY RIGHTS
All copyright, trademark, logos, domain names, and other intellectual property rights, title, and interest in all text, images, and other materials on this website are the exclusive property of Eureka Crystal Beads or are included with the permission of the relevant owner. Nothing in the Terms gives you a right to use Eureka Crystal Bead’s name, trademarks, logos, domain names, or other distinctive brand features.
You may freely browse the website but are only permitted to access, download, or use information from this website, including any texts, images, audio, and video, etc., for your own non-commercial use. All copyright, trademark, and other proprietary notices must appear on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain, nor shall it be modified or incorporated into any other work, publication, or website. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE.
Copyright - All content included in or made available through us, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Eureka Crystal Beads or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the website is the exclusive property of Eureka Crystal Beads and protected by U.S. and international copyright laws.
Trademarks - The trademarks, logos, characters, trade dress, and service marks (collectively hereafter referred to as "trademarks") are protected trademarks of Eureka Crystal Beads, LLC. Eureka Crystal Bead's trademarks may not be used in connection with any product or service that is not Eureka Crystal Beads', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eureka Crystal Beads. All other trademarks not owned by Eureka Crystal Beads that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eureka Crystal Beads.
DMCA Policy - The following is provided pursuant to the requirements of the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq.
If you believe that content available on or through the website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail at the respective addresses below, providing the information for a notification as described below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that content infringes your copyright, you should consider first contacting an attorney.
All notifications should include the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Eureka Crystal Beads or other party identified in the notification as a "service provider," as such term is defined under the DMCA, to locate the infringing material.
(d) information reasonably sufficient to permit Eureka Crystal Beads to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(e) a statement that you have a good faith belief that use of the infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) 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.
For this notification to be effective, you must provide it to Eureka Crystal Beads' designated agent at:
By e-mail:
support@eurekacrystalbeads.com
By phone: (307) 529-4492
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act’s above notice requirements. We may terminate without notice access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances.
We have no obligation to adjudicate IP claims. Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content, and submit 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.
If you do post or submit content, suggestions, comments, or other material, and unless we indicate otherwise, you grant Eureka Crystal Beads a worldwide, non-exclusive, 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 Eureka Crystal Beads the right to use the name that you submit in connection with such content as well as image, likeness, voice, or other personal indicia, identifying characteristics or information in association with your content, if we so choose.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Eureka Crystal Beads, its users and the public. We also reserve the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
TAX POLICY
Eureka Crystal Beads does not collect sales tax except from Idaho residents. We have a physical presence in Idaho. We have a fulfillment warehouse in Idaho. If you are tax-exempt and live in Idaho, please notify us and we will proceed accordingly.
Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.
VIOLATION OF TERMS
If Eureka Crystal Beads becomes aware that you have violated any of the Terms, we may immediately take corrective action. Such measures include preventing you from using the website and immediately removing without notice any information, data, and content put on the website by you. If Eureka Crystal Beads has been injured by your violation, we may, in our sole discretion, seek to recover damages.
PRODUCT DESCRIPTIONS
Eureka Crystal Beads attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered by Eureka Crystal Beads is not as described, your sole remedy is to return it in unused condition. We do not endorse nor have any responsibility for any content on the website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Our website is operated on an "As is," "As available" basis. Eureka Crystal Beads and our third-party providers, affiliates, agents, and licensors make no representations, warranties or conditions of any kind, whether express, implied or statutory, as to the operation of our website and the information, content, materials and products included on our website. We disclaim all representations, warranties and conditions, whether express, implied or statutory, including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, completeness, non-infringement, title, security, as well as warranties arising by usage of trade, course of dealing, or course of performance.
We do not warrant that the information will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available, are free of viruses or other harmful components. We disclaim any responsibility for harm to your computer, loss of data, or other harm that may result from access to or use of the site, including but not limited to contraction of a computer virus.
Under no circumstances shall Eureka Crystal Beads, its officers, directors, agents, third-party providers, affiliates, or licensors be liable to you or any other person or entity for any loss, claim or damages of any kind, including without limitation, direct, indirect, special, incidental, punitive, exemplary, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of business opportunity, loss of goodwill, loss of the provision of services and support, loss of, or damage to, property, claims of third parties, or other losses of any kind or nature, whether tangible or intangible and whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise that: (1) results from product not being available for use, (2) results from your use of or inability to use the website or any website with which it is linked, or (3) is caused by viruses that infect your computer or other property on account of your access to, use of, or browsing in the website, or your downloading of any materials, data, text, images, video, or audio from the website, in each case, even if we have been advised of the possibility of such damages or losses.
You agree that for any liability related to the purchase of product, Eureka Crystal Beads and our third-party providers, affiliates, agents, and licensors are not liable or responsible for any amount of damages above the purchase price (plus shipping, if applicable) invoiced for the product. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever. Some jurisdictions do not allow the limitations of liability set forth above, so these limitations of liability may not apply to you, and you may have additional rights. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the company and service providers under such circumstances for liabilities that otherwise would have been limited, will not exceed U.S. $100. We do not seek to exclude or limit liability for fraudulent misrepresentation. Notwithstanding anything in these terms to the contrary, the remedies set forth in these terms apply even if such remedies fail their essential purpose.
Note: the above disclaimers do not apply to any product warranty offered by the product manufacturer.
You acknowledge that our website and the information provided at this website would not be provided by Eureka Crystal Beads without the foregoing disclaimers and limitations.
INDEMNIFICATION
You agree to indemnify, defend, release, and hold harmless Eureka Crystal Beads, our affiliates, and our respective directors, officers, employees, agents, third-party providers, licensors, and licensees from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees and costs related to (i) your breach of these Terms, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the website; (iii) your provision to Eureka Crystal Beads of information or other data; (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall cooperate as fully as reasonably required in the defense of any such claim. Eureka Crystal Beads reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS:
Eureka Crystal Beads (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS/MMS Mobile Messaging Terms and Conditions, Our Terms of Use, Privacy Policy, and any other applicable terms and agreements related to your use of Our Program (the “Agreement”). By opting in to or participating in Our Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other agreements that may govern the relationship between you and Us in other contexts.
Program Description: Without limiting the scope of the program, users that opt into the program can expect to receive messages from us and others texting on our behalf concerning the marketing and sale of our goods, services, and events. Messages may include checkout reminders.
User Opt In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through checking the box to sign up online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialling system as defined by the Telephone Consumer Protection Act.
Message Cost and Frequency: Message and data rates may apply for each message sent or received in connection with Our Program. It is best to contact your wireless provider if you have questions regarding your data or text plan. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Us at service@eurekacrystalbeads.com Please note that requests to this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
SECURITY
You are responsible for safeguarding the login information that you use to access the website and for any activities or actions under your login information. Eureka Crystal Beads cannot and will not be liable for any loss or damage arising from your failure to comply with the above. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You may not do any of the following while accessing or using the website: (i) access, tamper with, or use non-public areas of the website, Eureka Crystal Beads computer systems, or the technical delivery systems of Eureka Crystal Beads providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the website by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the website.
You must access content on the website manually by request and not programmatically by macro or other automated means, such as data mining, robots, or similar gathering and extraction tools. You may not use the contents for any unlawful purpose.
DISPUTES; GOVERNING LAW AND VENUE
This Agreement, the entire relationship between you and Eureka Crystal Beads, and any litigation or other legal proceeding between you and Eureka Crystal Beads (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to its choice of law rules.
Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of Wyoming before one arbitrator, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Wyoming and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
TERM; TERMINATION
This Agreement will remain in full force and effect while you use the website. Eureka Crystal Beads may terminate your right to use this website, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, your use creates legal exposure for us, the website is no longer commercially viable, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You may end your legal agreement with Eureka Crystal Beads at any time for any reason by deactivating your account and discontinuing your use of the website. You do not need to specifically inform us if you stop using the website.
In the event that we determine in our reasonable opinion that you have failed to comply with these Terms, we reserve the right at any time to: Permanently or temporarily disable your account; Permanently or temporarily remove any posting or material uploaded by you to our website; Issue a warning to you; Pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Take further legal action against you; Disclose such information to law enforcement authorities as we reasonably deem necessary. These responses are not limited, and we may take any other action we reasonably deem appropriate.
WAIVER
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
SEVERABILITY
If any section of these Terms is deemed invalid, void, or for any reason unenforceable, that section shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
