PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that
access to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site,
including but not limited to text, graphics or code is copyrighted as a
collective work under the United States and other copyright laws, and is the
property of Balajishop. The collective work includes works that are licensed to
Balajishop. Copyright 2003, Balajishop ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site for
the sole purpose of placing an order with Balajishop or purchasing Balajishop
products. You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, download or print portions of the
material from the different areas of the site solely for your own
non-commercial use, or to place an order with Balajishop or to purchase Balajishop
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by Balajishop. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of
Balajishop used in the site are trademarks or registered trademarks of Balajishop
Warranty Disclaimer
This site and the materials and products on this
site are provided "as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible pursuant to applicable
law, Balajishop disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Balajishop does not represent or
warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components. Balajishop
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Balajishop shall not be liable for any special
or consequential damages that result from the use of, or the inability to use,
the materials on this site or the performance of the products, even if Balajishop
has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Balajishop product is
mistakenly listed at an incorrect price, Balajishop reserves the right to
refuse or cancel any orders placed for product listed at the incorrect price. Balajishop
reserves the right to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Balajishop
shall issue a credit to your credit card account in the amount of the incorrect
price.
Term; Termination
These terms and conditions are applicable to you
upon your accessing the site and/or completing the registration or shopping
process. These terms and conditions, or any part of them, may be terminated by Balajishop
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Balajishop may deliver notice to you by means of
e-mail, a general notice on the site, or by other reliable method to the
address you have provided to Balajishop.
Miscellaneous
Your use of this site shall be governed in all
respects by the laws of the state of California, U.S.A., without regard to
choice of law provisions, and not by the 1980 U.N. Convention on contracts for
the international sale of goods. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Balajishop products) shall
be in the state or federal courts located in Los Angeles County, California.
Any cause of action or claim you may have with respect to the site (including
but not limited to the purchase of Balajishop products) must be commenced
within one (1) year after the claim or cause of action arises. Balajishop's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Balajishop may assign
its rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site,
including via e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including a Balajishop or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute, or
otherwise publish through the site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial content on the site
or use the site to solicit others to join or become members of any other
commercial online service or other organization.
Participation Disclaimer
Balajishop does not and cannot review all
communications and materials posted to or created by users accessing the site,
and is not in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Balajishop is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Balajishop
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Balajishop in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold
harmless Balajishop, its officers, directors, employees, agents, licensors and
suppliers (collectively the "Service Providers") from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any activity related
to your account (including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our
visitors, Balajishop may link to sites operated by third parties. However, even
if the third party is affiliated with Balajishop, Balajishop has no control
over these linked sites, all of which have separate privacy and data collection
practices, independent of Balajishop. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Balajishop seeks
to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).