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PLEASE READ THESE TERMS
AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to
access or use this site, or any service on this site, you signify
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. From time
to time, The Chocolate Box TCBsupply.com may modify these terms
and conditions. Accordingly, please continue to review these terms
and conditions of service whenever accessing or using this site.
Your use of the site, or any service on this site, after the posting
of modifications to these terms and conditions of service will
constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE,
as modified. If, at any time, you do not wish to accept the terms
and conditions of service, you may not use the site. Any terms and
conditions proposed by you which are in addition to or which
conflict with these terms and conditions of service are expressly
rejected by The Chocolate Box TCBsupply.com and shall be of no
force or effect.
1. User Consent to Terms and Conditions
of Service.
You represent that you have read and agree to be bound by the terms
and conditions of service ("TOS") for www.tcbsupply.com You further
agree: (a) to comply with U.S. law regarding the transmission of any
data obtained from the Service (as defined herein) in accordance
with the TOS, (b) not to use the Service for illegal purposes, and
(c) not to interfere or disrupt networks connected to the Service.
2. Intellectual
Property.
This Web site, including but not limited to text, content,
photographs, video, audio and graphics (the "Service"), is protected
by copyrights, trademarks, service marks, international treaties
and/or other proprietary rights and laws of the U.S. and other
countries. The Service is also protected as a collective work or
compilation under U.S. copyright and other laws and treaties. All
individual articles, columns and other elements making up the
Service are also copyrighted works. You agree to abide by all
applicable copyright and other laws, as well as any additional
copyright notices or restrictions contained in the Service.
3. Restrictions on
Use. You may
not use the Service for any illegal purpose or in any manner
inconsistent with the TOS. You agree to use the Service solely for
your own noncommercial use and benefit, and not for resale or other
transfer or disposition to, or use by or for the benefit of, any
other person or entity. You agree not to use, transfer, distribute
or dispose of any information contained in the Service in any manner
that could compete with the business of TCB Supply, Inc.,
tcbsupply.com. You acknowledge that the Service has been developed,
compiled, prepared, revised, selected and arranged by The
Chocolate Box TCBsupply.com and others (including certain other
information sources) through the application of methods and
standards of judgment developed and applied through the expenditure
of substantial time, effort and money and constitutes valuable
intellectual property and trade secrets of Candy and
Crafts and such others. You agree to protect the proprietary
rights of TCB Supply, Inc., tcbsupply.com and all others having
rights in the Service during and after the term of this agreement
and to comply with all reasonable written requests made by TCB
Supply, Inc., tcbsupply.com or its suppliers of content, equipment
or otherwise ("Suppliers") to protect their and others' contractual,
statutory and common law rights in the Service. You agree to
notify TCB Supply, Inc., tcbsupply.com in writing promptly upon
becoming aware of any unauthorized access or use of the Service by
any party or of any claim that the Service infringes upon any
copyright, trademark or other contractual, statutory or common law
rights.
4. Further Restrictions on
Use. YOU MAY
NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE
ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO,
CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY
PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE
SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL,
NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE
SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU
WITHOUT CANDY AND CRAFTS PRIOR WRITTEN CONSENT.
MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OFCANDY
AND CRAFTS COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU
MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER
ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR
TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK
FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT
OF CANDY AND CRAFTS THE SERVICE AND THE INFORMATION
CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY
KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART)
IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE
ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY
NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA
SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. YOU WILL NOT USE THE
SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS
OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED
MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO
COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET
FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.
5. License. You acquire absolutely no rights or licenses in
or to the Service and materials contained within the Service other
than the limited right to utilize the Service in accordance with the
TOS. Should you choose to download content from the Service, you
must do so in accordance with the TOS.
6. Rights
Reserved. All present and future rights in
and to trade secrets, patents, copyrights, trademarks, service
marks, know-how and other proprietary rights of any type under the
laws of any governmental authority, domestic or foreign, including
rights in and to all applications and registrations relating to the
Service (the "Intellectual Property Rights") shall, as between you
and The Chocolate Box TCBsupply.com at all times be and remain
the sole and exclusive property of TCB Supply, Inc., tcbsupply.com.
All present and future rights in and title to the Service (including
the right to exploit the Service and any portions of the Service
over any present or future technology) are reserved to TCB
Supply, Inc., tcbsupply.com for its exclusive use. Except as
specifically permitted by the TOS, you may not copy or make any use
of the Service or any portion thereof.
7.
Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole
risk and acknowledge that the Service and anything contained
therein, including, but not limited to, content, services, goods or
advertisements (the "Items") are provided "AS IS" and that TCB
Supply, Inc., tcbsupply.com makes no warranty of any kind, express
or implied, as to the Items, including, but not limited to,
merchantability, noninfringement, title or fitness for a particular
purpose or use. TCB Supply, Inc., tcbsupply.com does not
warrant that the Service is compatible with your equipment or that
the Service is free of errors or viruses, worms or "Trojan horses"
and is not liable for any damage you may suffer as a result of such
destructive features. You agree that TCB Supply, Inc.,
tcbsupply.com, its Suppliers and its third-party agents shall have
no responsibility or liability for (i) any injury or damages,
whether caused by the negligence of TCB Supply, Inc.,
tcbsupply.com, its employees, subcontractors, agents, Suppliers or
otherwise arising in connection with the Service and shall not be
liable for any lost profits, losses, punitive, incidental or
consequential damages or any claim against TCB Supply, Inc.,
tcbsupply.com by any other party or (ii) any fault, inaccuracy,
omission, delay or any other failure in the Service caused by your
computer equipment or arising from your use of the Service on such
equipment. The content of other Web sites, services, goods or
advertisements that may be linked to the Service is not maintained
or controlled by TCB Supply, Inc., tcbsupply.com. TCB Supply,
Inc., tcbsupply.com is therefore not responsible for the
availability, content or accuracy of other Web sites, services or
goods that may be linked to, or advertised on, the Service. TCB
Supply, Inc., tcbsupply.com does not (a) make any warranty, express
or implied, with respect to the use of the links provided on, or to,
the Service, (b) guarantee the accuracy, completeness, usefulness or
adequacy of any other Web sites, services, goods or advertisements
that may be linked to the Service or (c) make any endorsement,
express or implied, of any other Web sites, services, goods or
advertisements that may be linked to the Service. TCB Supply, Inc.,
tcbsupply.com is also not responsible for the reliability or
continued availability of the telephone lines and equipment you use
to access the Service. You understand that TCB Supply, Inc.,
tcbsupply.com and/or third-party contributors to the Service may
choose at any time to inhibit or prohibit their content from being
accessed under the TOS.
8. Limitation of
Liability.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
SHALL TCB Supply, Inc., tcbsupply.com, ITS SUPPLIERS AND ITS
THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
EVEN IF A TCB Supply, Inc., tcbsupply.com AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF
SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR
ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH
AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR
LOST BUSINESS. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages. In no
event shall TCB Supply, Inc., tcbsupply.com total
liability to you for all damages, losses and causes of action
(whether in contract or tort, including but not limited to,
negligence) exceed the amount paid by you, if any, for accessing
this site.
9. Representations and
Warranties.
You represent, warrant and covenant that: (a) you have the power and
authority to enter into this agreement; (b) you are at least
eighteen (18) years old; (c) you shall not use any rights granted
hereunder for any unlawful purpose; and (d) you shall use the
Service only as set forth in the TOS.
10. Indemnification. You agree, at your own expense,
to indemnify, defend and hold harmless Candy and
Crafts and its employees, representatives, Suppliers and
agents, against any claim, suit, action or other proceeding brought
against TCB Supply, Inc., tcbsupply.com, its employees,
representatives, Suppliers and agents, by a third party, to the
extent that such claim, suit, action or other proceeding brought
against TCB Supply, Inc., tcbsupply.com, its employees,
representatives, Suppliers and agents is based on or arises in
connection with the Service, , or any links on the Service,
including, but not limited to: (i) your use or someone using your
computer's use of the Service; (ii) your use or someone using your
account, where applicable; (iii) a violation of the TOS by you or
anyone using your computer (or account, where applicable); (iv) a
claim that any use of the Service by you or someone using your
computer (or account, where applicable) infringes any Intellectual
Property Right (as herein defined) of any third party, or any right
of personality or publicity, is libelous or defamatory, or otherwise
results in injury or damage to any third party; (v) any deletions,
additions, insertions or alterations to, or any unauthorized use of,
the Service by you or someone using your computer (or account, where
applicable); (vi) any misrepresentation or breach of representation
or warranty made by you contained herein: or (vii) any breach of any
covenant or agreement to be performed by you hereunder. You agree to
pay any and all costs, damages and expenses, including, but not
limited to, reasonable attorneys' fees and costs awarded against or
otherwise incurred by or in connection with or arising from any such
claim, suit, action or proceeding attributable to any such claim.
11. Termination. Either you or TCB Supply,
Inc., tcbsupply.com may terminate the TOS with or without cause at
any time and effective immediately. You may terminate the TOS by
discontinuing use of the Service and destroying all materials
obtained from the Service. These TOS will terminate immediately
without notice from Candy and Crafts if you, in TCB
Supply, Inc., tcbsupply.com sole discretion, fail to comply with any
provision of these TOS. Upon termination by you or upon notice of
termination by TCB Supply, Inc., tcbsupply.com, you must
destroy promptly all materials obtained from the Service and any
copies thereof. Sections two through thirteen (2-13)
and fourteen through seventeen (14-17) shall survive any
termination of the TOS.
12. Governing Law. These TOS shall be governed and
construed in accordance with the laws of the United States and the
State of NEVADA, without giving effect to conflicts-of-law
principles thereof. You agree to submit to the personal jurisdiction
of the state and federal courts located in Mineral County in
the State of NEVADA with respect to any legal proceedings
that may arise in connection with the Service or from a dispute as
to the interpretation or breach of the TOS.
13. Access Outside the United
States. TCB Supply, Inc., tcbsupply.com does not represent that
materials in the Service are appropriate or available for use in
countries outside the United States. If you choose to access the
Service from outside the United States, you are responsible for
compliance with foreign and local laws. Software from the Service is
further subject to United States export controls and may not be
downloaded, exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or
any other country to which the U.S. has embargoed goods or (ii) to
anyone on the U.S. Treasury Department's Table of Deny Orders. By
using the Service, you represent and warrant that you are not
located in, controlled by or a national or resident of any such
country or on any such list.
14. Miscellaneous. You accept that TCB Supply,
Inc., tcbsupply.com has the right to change the content or technical
specifications of any aspect of the Service at any time at TCB
Supply, Inc., tcbsupply.com sole discretion. You further accept that
such changes may result in your being unable to access the Service.
15. Headings. The section titles in the TOS
are used solely for the convenience of you and TCB Supply, Inc.,
tcbsupply.com and have no legal or contractual significance.
16. Severability. If any provision of the TOS is
found invalid or unenforceable, that provision will be enforced to
the maximum extent permissible, and the other provisions of these
TOS will remain in force.
17. Entire Agreement. The TOS and any other terms and
conditions of service on www.tcbsupply.com , and its successor, constitute the entire
agreement between you and TCB Supply, Inc., tcbsupply.com and
govern your use of the Service.
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