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Terms of Use
Introduction / Acceptance of Terms:
Barrett Diamond Products, Inc. offers you a wide variety of on-line products
and services, on the following terms.
By using the Service in any way
you are agreeing to comply with these terms, which we may update without
notice. We encourage you to check out these terms here, at any time. You must
be at least 18 years old and competent to enter into a contract to use the
Service. Unless we expressly note otherwise, these terms incorporate and
supersede any other terms associated with the files, information and prices
available on the domain "www.TileBit.com", its
sub-domains, and any international counterparts and sub-domains, as well as
affiliated domains and sub-domains operated by Barrett Diamond Products, Inc.
("TileBit.com", "BDP", "we", "us", or "Service"). Your
Responsibility For Content & Conduct: You are responsible for any
content that you post or transmit on or through the Service. You will not use
the Service to distribute, link to, or solicit content that: is unlawful,
harmful to minors, threatening, harassing, abusive, defamatory, vulgar,
gratuitously violent, obscene, pornographic, libelous, invasive of another's
privacy, or racially, ethnically or otherwise offensive; includes personally
identifiable information about children; infringes someone else's intellectual
property or other rights; advocates or solicits violence or other criminal
conduct; violates any law, regulation, or contract; promotes participation in
multilevel or pyramid marketing initiatives; constitutes a raffle, sweepstakes,
lottery, or any other form of gambling; specifically advertises firearms or
ammunition, tobacco, alcohol, pornography, or any other product or service that
is illegal in California, or the domicile of either the distributor or
recipient; constitutes unsolicited or unauthorized advertising, junk or bulk
e-mail, chain letters, or any other unsolicited commercial communication. You
will comply with all applicable laws and regulations regarding on-line conduct
and content. You will not use the Service to collect, store, or use information
about others for the purpose of sending unsolicited or unauthorized
communications. Except as we specifically authorize (via license or otherwise),
and you will not reproduce, distribute, or commercially exploit any part of the
Service. Accurate Information: You will provide accurate and
current information on all registration forms on the Service. You will not
impersonate any person or entity, misrepresent your affiliation with a person
or entity; or misrepresent the origin of any content distributed through
Barrett Diamond Products, Inc..
Privacy: We take your privacy
seriously. Please view our comprehensive privacy policy. When you enter into
transactions with or provide information to other companies providing content
to Barrett Diamond Products, Inc., you will be subject to their privacy
policies. Security / No Disruption: You are responsible for all
activities that occur under your password or account, and will keep your
password(s) confidential. You will immediately notify us of any unauthorized
use of your password or account or any other breach of security. You will not
disrupt the functioning of the Service, solicit another user's password, or
otherwise act in a way that interferes with other users' use of the Service.
Nor may you post or distribute any computer program that damages, detrimentally
interferes with, surreptitiously intercepts, or expropriates any system, data,
or personal information.
Objectionable Content: The opinions and
views expressed by other users of the Service or content providers do not
necessarily reflect those of Barrett Diamond Products, Inc. You waive any claim
resulting from your exposure to material on the Service that is offensive,
indecent, or otherwise objectionable.
Barrett Diamond Products, Inc.
Discretion Over Content: Use, storage, and operation of the Service We may
edit, move, or delete any content on the Service (including content or
communications that you have provided) for any reason, and may preserve and
disclose content or user information if required to do so by law or in the good
faith belief that doing so is necessary to: (a) comply with legal process; (b)
enforce these terms, (c) respond to claims that any content violates the rights
of third parties; (d) protect the rights, property, or personal safety of
Barrett Diamond Products, Inc., its users, or the public, or (e) administration
of the Service. We generally do not prescreen, monitor, or edit content
provided by third parties. We are not responsible for any failure to remove or
delay in removing harmful, inaccurate, unlawful, or otherwise objectionable
content originating with or otherwise provided by third parties. We
may change or terminate the Service or any part of it without notice or
liability. We may terminate or change your password, account, or use of all or
any part of the Service and may remove any content within the Service without
notice and for any reason, including lack of use or violation of these terms.
License of Your Content: If you post content in areas available
to the general public, you are giving us the worldwide, royalty-free,
perpetual, irrevocable, sub-licensable, and non-exclusive license to use,
reproduce, modify, adapt, frame, brand, CO-brand, and publish such content in
any media now known or later developed, including the right to make the content
available to the general public via the applicable licenses. If you submit
summary files or other materials to the Service or Barrett Diamond Products,
Inc., you license us to display, distribute, frame, and link to that content
and warrant that you have all rights necessary to authorize the distribution
and redistribution of that content. You will provide information that we
reasonably request related to any claim that your content infringes the rights
of a third party. Dealings With Advertisers: A number of other
companies supply content to the Service and may make offers available to you.
You deal with and enter into transactions with advertisers or suppliers of
content to the Service at your own risk. While the Barrett Diamond Products,
Inc. trademark and copyright will appear on all pages available via the
Service, to let you know that you are still within TileBit.com, we are not a
party to any such third-party transactions and are not liable for any claims or
damages that may result from them. Links to Third-Party Sites:
We or third-party providers of content may provide links to other World Wide
Web sites or resources. We do not control these sites and resources, do not
endorse them, and are not responsible for their availability, content, or
delivery of services.
Indemnity: You will indemnify Barrett
Diamond Products, Inc., and its subsidiaries, affiliates, officers, agents, and
employees against any claim or demand, including reasonable attorneys' fees,
related to content you distribute via the Service or your use of, or conduct
on, the Service.
Disclaimer / Limitation of Liability: WHILE WE
USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE
SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS,
AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, PRODUCTS, PRICES, OR OTHER
MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE
PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN
RISK, AND BARRETT DIAMOND PRODUCTS, INC., ITS EMPLOYEES, DISTRIBUTORS,
DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT
OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT
MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF
ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Trademark
Information: Our trademarks identify our products and services. You may
make fair use of our trademarks in advertising and promotional materials, and
in referring to our products and services (for example, in a magazine article)
without our permission, provided you follow standard trademark usage practices
and provide proper attribution. Other uses require our written permission.
Please make such requests by e-mail to permission team.
You may never use our trademarks in the following ways: In a non-Barrett
Diamond Products, Inc. product name or publication title. In, as, or as part of
your own trademarks. To identify products or services that are not Barrett
Diamond Products, Inc. products. To cause confusion. To suggest inaccurately
that we sponsor, endorse, or are otherwise connected with your activities,
products, or services. To disparage Barrett Diamond Products, Inc. In any other
manner that Barrett Diamond Products, Inc., or its users would find offensive.
Except as noted above, you may not use, copy, or redistribute Barrett Diamond
Products, Inc., logos or trademarks without written or electronic permission
from Barrett Diamond Products, Inc. If you do not have a preexisting agreement
with Barrett Diamond Products, Inc., you may request permission for logo use,
but such permission is granted only infrequently. Send your request for
permission to use a Barrett Diamond Products, Inc. logo or trademark to permission team,
with "Barrett Diamond Products, Inc., Logo Request" in the subject line. Please
include a description of your company, which logo you want to use, why and how
you want to use it, and a mockup showing the proposed use.
Copyright Information: We own intellectual property rights to the
content on the Service and its design, structure, and compilation (sometimes
known as "look and feel"). It is very easy to copy things in cyber space, but
not necessarily always acceptable or legal. You must have the legal right to
any content you upload or download using the Service. Unless otherwise noted,
you may view, copy, download, and print BarrettDiamond.com documents from the
Service so long as you use them only for personal, noncommercial purposes and
do not post, distribute, or modify them or remove any copyright, trademark, or
other proprietary notices. For permission to use third-party materials
appearing on the Service, please contact the copyright owner.
General Terms: This Agreement constitutes the entire agreement between
you and Barrett Diamond Products, Inc. and governs your use of the Service,
superseding any prior agreements. Additional or different terms and conditions
may apply when you use affiliated web sites, third-party content, or
third-party services. Interpretations of the Agreement and determinations that
you have breached the Agreement will be made at our reasonable discretion and
based on facts known to us. The laws of the State of California except for its
conflict-of-law provisions govern this Agreement and our relationship. You
agree to submit to the personal and exclusive jurisdiction of the state and
federal courts located in California for any claim or dispute with Barrett
Diamond Products, Inc., or any of its subsidiaries, affiliates, officers,
agents, or employees. Our failure to enforce any right under this Agreement
will not waive that right. If any provision of this Agreement is invalid, the
Agreement should be interpreted to effect the intent of the parties, and the
remaining provisions will remain in effect. You must file any claim or suit
related to the Service within one year after it arises. The section titles in
this Agreement are for convenience only and have no substantive effect.
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Copyright 2002~2007 Barrett Diamond Products
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