Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. We maintain this web site as a service to our customers, and by
using our site you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms and conditions carefully, and
check them periodically for changes. If you do not agree to the terms and
conditions, you should not review information or obtain goods, services or
products from this site.
PLEASE NOTE: YOU MUST BE 16 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE
ON OUR SITE.
Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms and Conditions of use Agreement ("Agreement") with
respect to our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended by us at any
time and from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to using
the Site.
Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters related
to the Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4, is
strictly prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right in such
information and materials.
Fraud: By becoming a member, you confirm that the information
provided in this form is true and that you agree to abide by the Terms and
Conditions of use of this site. Please note that your membership can be
cancelled without notice if it is determined that false or misleading
information has been provided, the Terms and Conditions of use have been
violated, or other abuses have occurred as determined by “PearlFairy Pearl
Jewelry Shop” in its sole discretion. If membership has been revoked,
“PearlFairy Pearl Jewelry Shop” reserves the right to refuse application or
readmission to the membership program.
Limited Right to Use. The viewing, printing or downloading of
any content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution).
Editing, Deleting and Modification. We reserve the right in our
sole discretion to edit or delete any documents, information or other content
appearing on the Site, including this Agreement, without further notice to users
of the Site.
Indemnification. You agree to indemnify, defend and hold us and
our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use
of the Site.
Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information or
documents is not transferable and may only be used by you.
Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR
USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE
AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN
THIS AGREEMENT.
Limits. All responsibility or liability for any damages caused
by viruses contained within the electronic file containing the form or document
is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. Our maximum liability to you under all circumstances will be equal
to the purchase price you pay for any goods, services or information.
Use of Information. We reserve the right, and you authorize us,
to the use and assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy Policy.
Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may purchase or
otherwise obtain certain goods or services. You understand that we do not
operate or control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into between
you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND
IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies. All rules, policies (including
privacy policies) and operating procedures of Merchants will apply to you while
on such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf of the other.
Privacy Policy. Our Privacy Policy, as it may change from time
to time, is a part of this Agreement.
Payments. You represent and warrant that if you are purchasing
something from us or from our Merchants that (i) any credit card information you
supply is true, correct and complete, (i) charges incurred by you will be
honored by your credit card company, and (iii) you will pay the charges incurred
by you at the posted prices, including any shipping fees and applicable taxes.
Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our intentions,
plans and objectives, which are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When used on
our Site, words like "anticipates," "expects," "believes," "estimates," "seeks,"
"plans," "intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
Links to Other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so at your
own risk.
Submissions. All suggestions, ideas, notes, concepts and other
information you may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not be subject to
any obligation of confidence on our part. Without limiting the foregoing, we
shall be deemed to own all known and hereafter existing rights of every kind and
nature regarding the Submissions and shall be entitled to unrestricted use of
the Submissions for any purpose, without compensation to the provider of the
Submissions.
Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR
PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF
THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE COURT OF China. As such, the laws of China will govern the
terms and conditions contained in this Agreement and elsewhere throughout the
Site, without giving effect to any principles of conflicts of laws.
Lapsed Accounts: In order to keep “PearlFairy.com” membership
roster current, if a Member does not access his or her account for a period of
“365” days or more, “PearlFairy.com” may, in its sole discretion, terminate such
Member's account. “PearlFairy.com” will endeavor to notify a Member of
“PearlFairy.com” intent to terminate such Member's account by notice to such
Member's provided email address at least “30” days prior to deactivation. If
the Member fails to respond to such email notice with “30” days after the day it
is sent by “PearlFairy.com”, such Member's account will be terminated as noted
above. Therefore, “PearlFairy.com” strongly recommends that all Members keep
their accounts and contact data current and in use. While “PearlFairy.com”
desires to prevent active accounts from being terminated prematurely,
“PearlFairy.com” has no obligation to maintain accounts that appear to
“PearlFairy.com” to have been abandoned. Each Member agrees that failure to
access his or her account for “120” days or more conclusively indicates that
such Member's account has been abandoned and that the account may therefore be
terminated.
Verify Members' Address: “PearlFairy.com” reserves the right
to contact a Member via email to verify the accuracy of account information
(including the Member's correct name and address) that is needed to provide the
Member with the information he or she requested from “PearlFairy.com”.
Your Feedback is Always Welcome
We welcome your comments and questions about our Conditions of Use - or anything
else you might want to talk about. To contact us click
here. You can reach us via email at “PearlFairy.com@Hotmail.com”.
Conditions of Use |
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Copyright © 2010 Pearl Fairy Jewelry Store. Maintained by Chinese & Medicine Shop


