Terms and Conditions
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 Tiki Bar
Stuff, Inc.. The collective work includes works that are licensed to
Tiki Bar Stuff, Inc.. Copyright 2003, Tiki Bar Stuff, Inc. 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
Tiki Bar Stuff, Inc. or purchasing Tiki Bar Stuff, Inc. 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 Tiki Bar Stuff, Inc. or to
purchase Tiki Bar Stuff, Inc. 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
Tiki Bar Stuff, Inc.. 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 Tiki Bar Stuff, Inc. used
in the site are trademarks or registered trademarks of Tiki Bar Stuff,
Inc.
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, Tiki Bar Stuff, Inc.
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Tiki Bar Stuff, Inc. 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. Tiki Bar Stuff, Inc. 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
Tiki
Bar Stuff, Inc. 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 Tiki
Bar Stuff, Inc. 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 Tiki Bar Stuff, Inc. product is mistakenly listed at
an incorrect price, Tiki Bar Stuff, Inc. reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Tiki Bar Stuff, Inc. 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, Tiki Bar Stuff, Inc. 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 Tiki Bar Stuff,
Inc. 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
Tiki
Bar Stuff, Inc. 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 Tiki Bar Stuff, Inc..
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 Tiki Bar Stuff, Inc.
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 Tiki
Bar Stuff, Inc. products) must be commenced within one (1) year after
the claim or cause of action arises. Tiki Bar Stuff, Inc.’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. Tiki Bar
Stuff, Inc. 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 Tiki Bar Stuff, Inc. 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
Tiki
Bar Stuff, Inc. 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, Tiki Bar Stuff,
Inc. 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, Tiki Bar Stuff, Inc. 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 Tiki Bar Stuff, Inc. in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless Tiki Bar Stuff, Inc., 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, Tiki Bar Stuff,
Inc. may link to sites operated by third parties. However, even if the
third party is affiliated with Tiki Bar Stuff, Inc., Tiki Bar Stuff,
Inc. has no control over these linked sites, all of which have separate
privacy and data collection practices, independent of Tiki Bar Stuff,
Inc.. These linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Tiki Bar Stuff, Inc. 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).