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.
1. 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 www.antikacandles.com.
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.
2. 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.
3. 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 “Antika
Candles” in its sole discretion. If membership has been revoked, “Antika
Candles” reserves the right to refuse application or readmission to the
membership program.
4. 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).
5. 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.
6. 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.
7. 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.
8. 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
9. 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.
10. 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.
11. 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.
12. 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.
13. Privacy Policy. Our Privacy Policy
(found in information – privacy policy) may change from time to time, is a part
of this Agreement.
14. 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.
15. 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, that 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.
16. 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.
17. 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.
18. Return Policy. Due to the nature of
our online site, and the products listed, we “ANTIKA CANDLES” have
a strict NO RETURN policy for any product. No product shall be able to be
returned for a like item, or for a cash refund. All our product are thoroughly
inspected before they are shipped to ensure you receive the best possible
product. In the event of damage during shipping, please contact
customerservice@antikacandles.com within 3 days of receiving your purchase.
Returns, refunds or replacement products for reasons other than damage incurred
during shipping cannot be accepted.
19. 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 CIRCUIT COURT OF “LOS
ANGELES, CA” OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF “CA”
. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING
ANY CLAIM THAT “LOS ANGELES, CA” OR THE DISTRICT OF “CA” IS
AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is
created and controlled by “ANTIKA CANDLES”. As such, the laws of
“THE STATE OF
20. Lapsed Accounts: In order to keep “ANTIKA
CANDLES” membership roster current, if a Member does not access his or
her account for a period of “90 DAYS” or more, “ANTIKA
CANDLES” may, in its sole discretion, terminate such Member's account. “ANTIKA
CANDLES” will endeavor to notify a Member of “ANTIKA CANDLES” intent
to terminate such Member's account by notice to such Member's provided email
address at least “
21. Verify Members' Address: “ANTIKA
CANDLES” 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 “ANTIKA CANDLES”.
