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Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by HOLYSANDS and its subsidiaries and affiliates (collectively, "us", "we" or "HOLYSANDS"). By accessing or using HOLYSANDS's websites or services, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement") and any other applicable law, whether or not you are a registered member of HOLYSANDS. HOLYSANDS may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.


 

Intellectual Property

All intellectual property on the Website (except for User Generated Content) is owned by HOLYSANDS or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the HOLYSANDS name, are trademarks or registered trademarks of HOLYSANDS. All content on the Website (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of HOLYSANDS; All rights reserved.


 

Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to place an order or purchase HOLYSANDS products. Any other use is prohibited unless agreed to by HOLYSANDS in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content (defined below), without HOLYSANDS's prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.


 

Product Orders

All orders placed through the Website are subject to HOLYSANDS's acceptance. This means that HOLYSANDS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, HOLYSANDS will issue you a refund.

 

1. Posting Rules: User Generated Content and User Conduct


Be Responsible.

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose HOLYSANDS or its users to any harm or liability of any type.

 

Be Relevant and Constructive.

Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don't talk about policies, future products, speculations or rumors about HOLYSANDS and HOLYSANDS products, or anything else off topic.

 

Be Courteous and Appropriate.

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in HOLYSANDS's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Website user or person.

 

Be Private.

Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.

 

Be Personal.

The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Website.

Copyright Infringement Complaints

 

We respect the intellectual property rights of others and we prohibit users from posting on the HOLYSANDS Website any content that violates another party's intellectual property rights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give HOLYSANDS legally sufficient notice to HOLYSANDS of infringement.

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Links

The Website may contain links to websites operated by other companies. HOLYSANDS does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. HOLYSANDS is not responsible for the content or policies of linked websites and you access such websites at your own risk.



Indemnification

You agree to indemnify, defend, and hold harmless HOLYSANDS, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.


Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.


User Interaction Disclaimer

You are solely responsible for your interactions with other Website users. HOLYSANDS is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition HOLYSANDS is under no obligation to become involved with any user dispute, but may do so at its own discretion.

 


Limitation of Liability

HOLYSANDS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A HOLYSANDS EVENT OR ANY USER GENERATED CONTENT, EVEN IF HOLYSANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST HOLYSANDS FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF HOLYSANDS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, HOLYSANDS'S LIABILITY SHALL NOT EXCEED US$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Miscellaneous

You agree that this Website shall be deemed a passive website solely based in Israel which does not give rise to personal jurisdiction over HOLYSANDS in jurisdictions other than Oregon. You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and HOLYSANDS shall be governed in all respects by Israel law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of HOLYSANDS products) must be commenced within one (1) year after the claim or cause of action arises. By using the Website, you agree to receive certain electronic communications from HOLYSANDS. You agree that any notice, agreement, disclosure or other communication that HOLYSANDS sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. HOLYSANDS's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. HOLYSANDS may assign its rights and duties under this Agreement to any party at any time without notice to you.


Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.


Termination

HOLYSANDS reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. HOLYSANDS also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website, or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.