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Conditions of Use |
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Welcome to Natural Color Productions.
Natural Color Productions and its affiliates provide
their services to you subject to the following
conditions. If you visit or shop at Natural Color
Productions, you accept these conditions. Please
read them carefully. In addition, when you use
any current or future Natural Color Productions
service or visit or purchase from any business
affiliated with Natural Color Productions, whether
or not included in the Natural Color Productions
Web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
PRIVACY
Please review our Privacy
Policy, which also governs your visit to Natural
Color Productions, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Natural Color Productions or send
e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements,
notices, disclosures and other communications that
we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software,
is the property of Natural Color Productions or
its content suppliers and protected by Canadian
and international copyright laws. The compilation
of all content on this site is the exclusive property
of Natural Color Productions and protected by U.S.
and international copyright laws. All software used
on this site is the property of Natural Color Productions
or its software suppliers and protected by Canadian
and international copyright laws.
LICENSE AND SITE ACCESS
Natural Color Productions grants you a limited license
to access and make personal use of this site and
not to download (other than page caching) or modify
it, or any portion of it, except with express written
consent of Natural Color Productions. This license
does not include any resale or commercial use of
this site or its contents; any collection and use
of any product listings, descriptions, or prices;
any derivative use of this site or its contents;
any downloading or copying of account information
for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent
of Natural Color Productions. You may not frame
or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including
images, text, page layout, or form) of Natural Color
Productions and our affiliates without express written
consent. You may not use any meta tags or any other
"hidden text" utilizing Natural Color Productions's
name or trademarks without the express written consent
of Natural Color Productions. Any unauthorized use
terminates the permission or license granted by
Natural Color Productions. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink
to the home page of Natural Color Productions so
long as the link does not portray Natural Color
Productions, its affiliates, or their products or
services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any
Natural Color Productions logo or other proprietary
graphic or trademark as part of the link without
express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining
the confidentiality of your account and password
and for restricting access to your computer, and
you agree to accept responsibility for all activities
that occur under your account or password. Natural
Color Productions does sell products for children,
but it sells them to adults, who can purchase with
a credit card. If you are under 18, you may use
Natural Color Productions only with involvement
of a parent or guardian. Natural Color Productions
and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER
CONTENT
Visitors may post reviews, comments, and other content;
and submit suggestions, ideas, comments, questions,
or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties
or objectionable and does not consist of or contain
software viruses, political campaigning, commercial
solicitation. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead
as to the origin of content. Natural Color Productions
reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review
posted content. If you do post content or submit
material, and unless we indicate otherwise, you
grant Natural Color Productions and its affiliates
a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, and display such content
throughout the world in any media. You grant Natural
Color Productions and its affiliates and sublicensees
the right to use the name that you submit in connection
with such content, if they choose. You represent
and warrant that you own or otherwise control all
of the rights to the content that you post; that
the content is accurate; that use of the content
you supply does not violate this policy and will
not cause injury to any person or entity; and that
you will indemnify Natural Color Productions or
its affiliates for all claims resulting from content
you supply. Natural Color Productions has the right
but not the obligation to monitor and edit or remove
any activity or content. Natural Color Productions
takes no responsibility and assumes no liability
for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Natural Color Productions and its affiliates respect
the intellectual property of others. If you believe
that your work has been copied in a way that constitutes
copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from Natural Color Productions
are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass
to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Natural Color Productions and its affiliates attempt
to be as accurate as possible. However, Natural
Color Productions does not warrant that product
descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a
product offered by Natural Color Productions itself
is not as described, your sole remedy is to return
it in unused condition.
OTHER BUSINESSES
Parties other than Natural Color Productions and
its subsidiaries operate stores, provide services,
or sell product lines on this site. In addition,
we provide links to the sites of affiliated companies
and certain other businesses. We are not responsible
for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals
or the content of their Web sites. Natural Color
Productions does not assume any responsibility or
liability for the actions, product, and content
of all these and any other third parties. You should
carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Natural Color Productions
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Natural
Color Productions MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
Natural Color Productions DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Natural Color Productions
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR
E-MAIL SENT FROM Natural Color Productions ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. Natural
Color Productions WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Natural Color Productions, you agree
that the laws of the province of
British Columbia
, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute
of any sort that might arise between you and Natural
Color Productions or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to
Natural Color Productions or to products you purchase
through Natural Color Productions shall be submitted
to confidential arbitration in Delta,
British Columbia
, except that, to the extent you have in any manner
violated or threatened to violate Natural Color
Productions's intellectual property rights, Natural
Color Productions may seek injunctive or other appropriate
relief in any provincial or federal court in the
province of
British Columbia
, and you consent to exclusive jurisdiction and
venue in such courts. The arbitrator's award shall
be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement,
whether through class arbitration proceedings or
otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this
site. These policies also govern your visit to Natural
Color Productions. We reserve the right to make
changes to our site, policies, and these Conditions
of Use at any time. If any of these conditions shall
be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall
not affect the validity and enforceability of any
remaining condition.
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