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CERAMIC-TILE.COM WEB SITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY CAREFULLY
BEFORE USING THIS WEB SITE OR RECEIVING ANY OF THE SERVICES AVAILABLE.
Welcome to Ceramic-tile.com's terms and conditions of use. These terms and conditions
of use apply to and govern your use of Ceramic-tile.com Web site as a passive
visitor, as well as the services that Ceramic-tile.com provides to participants
who sign up as members ("Users") (such services to be referred to herein as "Services").
For purposes of these terms and conditions of use, the words "you" and "your" shall
refer to any visitor to the Site, as well as any Member, as defined above. Your
use of the Site or the Services signifies your agreement to be bound by these
terms and conditions. If you do not agree to be bound by these terms and conditions
of use, you may not access or otherwise use the Site or receive the Services.
License to Use the Site
Ceramic-tile.com grants you a non-exclusive, non-transferable, limited right
to access, use and display the Site and the materials thereon for your personal
use only, provided that you comply fully with these terms and conditions of use.
You shall not interfere or attempt to interfere with the operation of the Site
in any way through any means or device including, but not limited to, spamming,
hacking, uploading computer viruses or time bombs, or the means expressly prohibited
by any provision of these terms and conditions of use. Except as expressly provided
herein or otherwise allowed by Ceramic-tile.com, you may not use the Site or
the Services for any commercial purpose concurrent to Ceramic-tile.com.
Changes to Terms and Conditions of Use
Ceramic-tile.com reserves the right, at its sole discretion, to change,
modify, add or remove any portion of these terms and conditions of use, in whole
or in part, or to incorporate service fees for Members, at any time. Changes
in these terms and conditions of use will be effective when posted. You agree
to review these terms and conditions of use periodically to be aware of any changes.
Your continued use of the Site after any changes to these terms and conditions
of use are posted will be considered acceptance of those changes.
Ownership; Restrictions
Ceramic-tile.com owns, controls, licenses or has the right to use and provide
the Site and all material on the Site, including without limitation text, images,
articles, photographs, illustrations, audio and video clips, (collectively the "Content").
The Site is protected by copyright as a collective work and/or compilation, pursuant
to copyright laws and international conventions. Ceramic-tile.com, and/or its
third party providers, are the owners of the copyright in the entire Site. Ceramic-tile.com
owns a copyright in the selection, coordination, arrangement and enhancement
of the Site. You agree to abide by any and all copyright notices, information
or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer
or sale of, post on the World Wide Web, mirror, or in any way exploit the Site
or any portion thereof for any public or commercial use, other than as expressly
provided by these terms and conditions of use, without the express written permission
of Ceramic-tile.com. You may download copies of Content from the Site for your
personal use, provided that you maintain all copyright, attribution and other
notices contained in or on such Content, including without limitation trademarks
and service marks of Ceramic-tile.com and its affiliates or the copyright holder
identified in the individual Content's copyright notice. No other permission
is granted to you to print, copy, reproduce, distribute, transmit, upload, download,
store, display in public, alter, or modify the content contained on this Site.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted
material. You are responsible for complying with all applicable laws, rules and
regulations regarding your use of any such downloaded Content. In the event of
any permitted copying, redistribution or publication of material from the Site,
no changes in or deletion of author attribution, trademark, legend or copyright
notice shall be made.
This Site also contains trademarks of Ceramic-tile.com protected under United
States and International Trademarks laws. Use of such marks without Ceramic-tile.com
's written permission is strictly prohibited.
Change to Site or Content
Ceramic-tile.com shall have the right for any reason, in its sole discretion,
to terminate, change, suspend or discontinue any aspect of the Site or Services,
including but not limited to Content, features, or hours of availability. Ceramic-tile.com
may also impose limits on certain features and Services or restrict your access
to parts or all of the Site without notice or liability.
Services
Upon a Member's registration on the Site, Ceramic-tile.com will create an online
account for the Member containing information provided by the Member, which account
shall be accessible and modifiable by the Member thereafter at the Site using
a password and user name, in accordance with the Privacy Policy.
Acceptable Use Policy
As a condition of your use of this Site and the Services, you warrant to
Ceramic-tile.com that you:
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Will only use this Site
and Services for lawful purposes in accordance with these terms and conditions
of use;
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Agree and consent to
our Privacy Policy;
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Agree not to infringe
the proprietary rights, intellectual property rights, rights of publicity
or privacy rights of Ceramic-tile.com or third parties in connection
with your use of the Site;
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Agree to provide us with
accurate information, and to update such information in the event that
it becomes outdated or inaccurate, as necessary for provision of the
Services to Members through our Site, and to take responsibility for
the information you provide;
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Will be responsible for
creating and maintaining the confidentiality of your user name and password,
and for all activity occurring under your password and Member Account;
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Will not intentionally
or unintentionally violate any applicable local, state, national or international
law, including but not limited to any regulations having the force of
law, while using or accessing the Site or the Services;
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Will not harvest, gather
or otherwise collect contact information of other users of the Site or
Services, for any purpose including, without limitation, transmitting
any unsolicited advertising, junk mail, spam, or chain letters;
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Will refrain from using
unlawful, tortuous, profane, vulgar, harassing, abusive, threatening,
inflammatory, libelous, defamatory, fraudulent or similarly harmful or
discourteous language in any e-mail or form entry created through this
Site;
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Will not scroll faster
than others in chat rooms in a way that affects others' right of enjoyment
of the Site; and
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Will not access or attempt
to access unauthorized areas of the Site, tamper with other users' postings,
or unreasonably load or burden the Site's servers.
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Members who violate these terms and conditions of use, at Ceramic-tile.com 's
sole discretion, may have their Member Account suspended or terminated, and may
be prohibited from receiving Services thereafter.
Monitoring, Editing and Disclosure of User Material
You agree that Ceramic-tile.com has the right, but not the obligation, to
monitor all material on the Site at any time for any reason in its sole discretion
to determine compliance with these terms and conditions of use and any other
operating rules that Ceramic-tile.com may establish from time to time. Notwithstanding
this right of Ceramic-tile.com, Ceramic-tile.com does not and cannot review all
materials posted to the Site by users, and Ceramic-tile.com is not responsible
for any such materials posted by users. Ceramic-tile.com reserves the right at
all times to edit, disclose, refuse to post, request removal of or remove any
material or information as may be necessary to comply with any law, regulation
or government or agency request or if, in Ceramic-tile.com 's sole discretion,
such materials are objectionable or in violation of these terms and conditions
of use. Ceramic-tile.com does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed or distributed
through the Site. You acknowledge that any reliance upon any such opinion, advice,
statement, memorandum, or information shall be at your sole risk. Ceramic-tile.com
reserves the right, in its sole discretion, to correct any errors or omissions
in any portion of the Site.
Indemnification
You shall indemnify, defend and hold harmless Ceramic-tile.com, and all
its officers, directors, owners, agents, employees, content providers, partners,
affiliates, licensors and licensees (collectively, the "Indemnified Parties")
from and against any and all losses, damages, liabilities, and claims and all
fees, costs, expenses, of any kind related thereto (including, without limitation,
reasonable attorneys' fees) incurred by the Indemnified Parties in connection
with any claim arising out of, based upon or resulting from your use of the Site
or receipt or use of the Services. Ceramic-tile.com reserves the right, at its
own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you and you shall not in any event settle any matter
without the written consent of Ceramic-tile.com.
Links to Other Web Site
The Site may contain links and pointers to other World Wide Web Internet
sites, resources, and sponsors of the Site. Links to and from our Site do not
constitute an endorsement by Ceramic-tile.com or any of its subsidiaries, partners
and affiliates of any third party resources or their services or contents. Links
do not imply that Ceramic-tile.com or the Site sponsors are affiliated or associated
with or are legally authorized to use any trademark, trade name, logo or copyright
symbol displayed in or accessible through the links, or that any linked sites
are authorized to use any trademark, trade name, logo or copyright symbol of
Ceramic-tile.com or any of its affiliates. Ceramic-tile.com is not responsible
for content on or services provided by other Web sites that are linked to or
from the Ceramic-tile.com site, including without limitation Ceramic-tile.com
's partners' Web sites and services. You should direct any concerns regarding
any external link to its site administrator or Webmaster.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO
SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Ceramic-tile.com NOR ITS CONTENT
PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT
CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION
AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS,
SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS
OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR
ANY LINKED SITE. Ceramic-tile.com AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES
MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT
OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Ceramic-tile.com'S NEGLIGENCE.
IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE,
YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL Ceramic-tile.com, ITS SUBSIDIARIES, PARTNERS, AFFILIATES
OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE,
THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING
WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN
IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Ceramic-tile.com,
ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR
USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00.
Ceramic-tile.com's Rights to Materials Provided by Users
Any or all material and information provided by you to the Site, including
without limitation the information contained in your Member Account, if any,
may be included in a database owned by Ceramic-tile.com and its subsidiaries,
partners and affiliates in which we have rights and interest, including but not
limited to, the compilation copyright. We reserve the right to use any information
or materials you provide to us or that we obtain through your use of the Site
or Services to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other
form of communication (individually or collectively "Communications") to or within
the Site, you grant to Ceramic-tile.com a perpetual, worldwide, irrevocable,
unrestricted, non-exclusive, royalty-free license to use (including use for promotional
and advertising purposes), copy, license, sublicense, adapt, distribute, display,
publicly perform, reproduce, transmit, modify, edit and otherwise exploit such
Communications and any ideas or original materials contained in such Communications,
in all media now known or hereafter developed, without any compensation to you.
This grant shall include the right to exploit any and all proprietary rights
in such Communications including, without limitation, any and all rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You waive all rights to any claim against Ceramic-tile.com for any alleged or
actual infringements of any proprietary rights, rights of privacy and publicity,
moral rights, and rights of attribution in connection with such Communications.
You agree and understand that Ceramic-tile.com is under no obligation to use
any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that by submitting Communications to Ceramic-tile.com or
the Site, no confidential, fiduciary, contractually implied or other relationship
is created between you and Ceramic-tile.com or any Ceramic-tile.com affiliate
or subsidiary other than pursuant to these terms and conditions of use. Ceramic-tile.com
shall not be responsible for the payment of any monies to any party in connection
with Ceramic-tile.com's use of Communications submitted by you to the Site.
No Resale / Exploitation
You understand and agree that you may not reproduce, copy, resell, manipulate,
or exploit any part of the Site or Services for any commercial purpose.
Termination
You understand and agree that Ceramic-tile.com may, in its sole discretion
and at any time, terminate your Member Account, if any, and discard and remove
any content or information contained therein, for any reason. Ceramic-tile.com
may also, in its sole discretion and at any time, discontinue any Services, or
limit or restrict any user's access to the Site or the Services, for any reason.
You understand and agree that Ceramic-tile.com may take any one or more of these
actions without prior notice to you, but shall use commercially reasonable efforts
to notify you of such termination. You understand and agree that Ceramic-tile.com
shall not have any liability to you or any other person for any termination of
your Member Account or access to Services and/or the removal of such information.
Member may terminate its Member Account at any time by sending a request of termination
by e-mail to Ceramic-tile.com at the following address: info@Ceramic-tile.com.
General Provisions
If for any reason a court of competent jurisdiction finds any provision
of these terms and conditions of use, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible so as to effect
the intent of these terms and conditions of use, and the remainder of these terms
and conditions of use shall continue in full force and effect. These terms and
conditions of use constitute the entire agreement between you and Ceramic-tile.com
with respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject matter. No
waiver by either you or Ceramic-tile.com of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall not be given
any legal import. |
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