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 HS’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.

 

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.