Last updated: 5/24/2018
Please review the following terms and conditions (the "Terms") carefully before using FusionBeads.com® and before purchasing products or obtaining content from our website, as the Terms constitute a legally binding agreement by and between Fusion Beads, Inc. ("Fusion Beads," “FusionBeads.com,” "we," "our," "us") and you ("you" or "your"). Fusionbeads.com® (the “website”) is associated with Fusion Beads, Inc., a corporation existing under the laws of the State of Washington, U.S.A. When we use the word "website," we are referring to our web pages that begin with www.fusionbeads.com.
4. Users must be of Legal Age
Our website is a commercial website designed for persons who have reached the age of majority in the state, country, province, territory or country in which they reside. By using the website, you represent that you have reached the legal age of majority in the state, province, territory or country in which you reside. Fusion Beads does not sell products for children under 18 years of age. Only adults who are at least 18 years of age and are otherwise legally qualified to enter into and form contracts are authorized to use and purchase products from the website. We are not liable for any damages that may result from a user's misrepresentation of age.
Subject to your compliance with these Terms, Fusion Beads grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the website. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; 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. All rights not expressly granted to you in these Terms are reserved and retained by Fusion Beads or our licensors, suppliers, publishers, rightsholders, or other content providers. You may use the website only as permitted by law. The license granted by us terminates if you do not comply with these Terms.
6. Risk Assumption
Use of this website is exclusively at the sole risk of you, the visitor. Fusion Beads is not responsible if the information on this website is inaccurate or incomplete. Any reliance upon the material of this website shall be at your own risk. The website may contain links to other websites that may be of interest to the visitor. Fusion Beads has no control over nor responsibility for the content found on those websites or their accessibility. You acknowledge your sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Intellectual Property Rights
All copyright, trademark, logos, domain names, and other intellectual property rights, title, and interest in all text, images, and other materials on this website are the exclusive property of Fusion Beads or are included with the permission of the relevant owner. Nothing in the Terms gives you a right to use Fusion Bead’s name, trademarks, logos, domain names, or other distinctive brand features.
You may freely browse the website but are only permitted to access, download, or use information from this website, including any texts, images, audio, and video, etc., for your own non-commercial use. All copyright, trademark, and other proprietary notices must appear on such reproductions. No reproduction of any part of this website may be sold or distributed for commercial gain, nor shall it be modified or incorporated into any other work, publication, or website. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE.
Copyright - All content included in or made available through FusionBeads.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Fusion Beads or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through the website is the exclusive property of Fusion Beads and protected by U.S. and international copyright laws.
Trademarks - The trademarks, logos, characters, trade dress, and service marks (collectively hereafter referred to as "trademarks") (e.g., Fusion Beads, FusionBeads.com, Fusion Bead’s logo and product labels) are protected trademarks of Fusion Beads, Inc. Fusion Bead's trademarks may not be used in connection with any product or service that is not Fusion Beads', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fusion Beads. All other trademarks not owned by Fusion Beads that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fusion Beads.
DMCA Policy - The following is provided pursuant to the requirements of the Digital Millenium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, designating the Company's agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq.
If you believe that content available on or through the website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail at the respective addresses below, providing the information for a notification as described below. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that content infringes your copyright, you should consider first contacting an attorney.
All notifications should include the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fusion Beads or other party identified in the notification as a "service provider," as such term is defined under the DMCA, to locate the infringing material.
(d) information reasonably sufficient to permit Fusion Beads to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(e) a statement that you have a good faith belief that use of the infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to Fusion Beads' designated agent at:
Fusion Beads Copyright Agent
c/o Fusion Beads, Inc.
13024 Stone Ave N.
Seattle, WA 98133
By phone: 1-888-781-3559
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We will respond to clear notices of alleged copyright and/or trademark infringement that comply with the Digital Millennium Copyright Act’s above notice requirements. We may terminate without notice access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances.
We have no obligation to adjudicate IP claims. Claimants and users must understand that we are not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold us harmless from any resulting claims of infringement brought against us.
8. Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, 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, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You understand that if you include your email address in any public posting to the website, that you may receive unsolicited emails for which we bear no responsibility. Fusion Beads reserves the right (but does not assume any obligation) to remove or edit such content for any reason, but does not regularly review posted content.
If you do post or submit content, suggestions, comments, or other material, and unless we indicate otherwise, you grant Fusion Beads a worldwide, non-exclusive, 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 Fusion Beads the right to use the name that you submit in connection with such content as well as image, likeness, voice, or other personal indicia, identifying characteristics or information in association with your content, if we so 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 Fusion Beads for all claims resulting from content you supply. Fusion Beads has the right but not the obligation to monitor and edit or remove any activity or content. Fusion Beads takes no responsibility and assumes no liability for any content posted by you or any third party.Posts and submissions must: Be accurate (where they state facts); Be genuinely held (where they state opinions); Comply with applicable law in any country from which they are posted. Contributions must not: Contain any material which is defamatory of any person; Contain any material which is obscene, offensive, hateful or inflammatory; Promote sexually explicit material; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; Infringe any copyright, database right or trade mark of any other person; Be likely to deceive any person; Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; Promote any illegal activity; Be threatening, abuse, or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; Be likely to harass, upset, embarrass, alarm, or annoy any other person; Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; Give the impression that they emanate from us, if this is not the case; Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Fusion Beads, its users and the public. We also reserve the right to remove content alleged to be infringing another’s intellectual property rights without prior notice, at our sole discretion.
9. Violation of Terms
If Fusion Beads becomes aware that you have violated any of the Terms, we may immediately take corrective action. Such measures include preventing you from using the website and immediately removing without notice any information, data, and content put on the website by you. If Fusion Beads has been injured by your violation, we may, in our sole discretion, seek to recover damages.
10. Product Descriptions
Fusion Beads attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of the website is accurate, complete, reliable, current, or error-free. If a product offered by Fusion Beads is not as described, your sole remedy is to return it in unused condition. We do not endorse nor have any responsibility for any content on the website by anyone other than our authorized employees or spokespersons while acting in their official capacities.
11. Third Party Websites
Our website may provide links to or advertisements from other websites that are operated by third parties. We provide these links for your convenience, and we do not endorse such websites or their contents. We have no control over, and do not review these websites or their content. Under no circumstances will Fusion Beads be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites.
12. Disclaimer of Warranties and Limitation of Liability
OUR WEBSITE IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. FUSION BEADS AND OUR THIRD-PARTY PROVIDERS, AFFILIATES, AGENTS, AND LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEBSITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR WEBSITE. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TITLE, SECURITY, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR COMPUTER, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER VIRUS.
UNDER NO CIRCUMSTANCES SHALL FUSION BEADS, ITS OFFICERS, DIRECTORS, AGENTS, THIRD-PARTY PROVIDERS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OF THE PROVISION OF SERVICES AND SUPPORT, LOSS OF, OR DAMAGE TO, PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR NATURE, WHETHER TANGIBLE OR INTANGIBLE AND WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT: (1) RESULTS FROM PRODUCT NOT BEING AVAILABLE FOR USE, (2) RESULTS FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, OR (3) IS CAUSED BY VIRUSES THAT INFECT YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, FUSION BEADS AND OUR THIRD-PARTY PROVIDERS, AFFILIATES, AGENTS, AND LICENSORS ARE NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE PURCHASE PRICE (PLUS SHIPPING, IF APPLICABLE) INVOICED FOR THE PRODUCT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY AND SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED, WILL NOT EXCEED U.S. $100. WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
NOTE: THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT MANUFACTURER.
YOU ACKNOWLEDGE THAT OUR WEBSITE AND THE INFORMATION PROVIDED AT THIS WEBSITE WOULD NOT BE PROVIDED BY FUSION BEADS WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
You agree to indemnify, defend, release, and hold harmless Fusion Beads, our affiliates, and our respective directors, officers, employees, agents, third-party providers, licensors, and licensees from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees and costs related to (i) your breach of these Terms, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the website; (iii) your provision to Fusion Beads of information or other data; (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; or (v) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall cooperate as fully as reasonably required in the defense of any such claim. Fusion Beads reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You are responsible for safeguarding the login information that you use to access the website and for any activities or actions under your login information. Fusion Beads cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You must treat such information as confidential. You must not disclose it to any third party. You are solely and fully responsible for all activities that occur under your password or account. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You may not do any of the following while accessing or using the website: (i) access, tamper with, or use non-public areas of the website, Fusion Beads computer systems, or the technical delivery systems of Fusion Beads providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the website by any means (automated or otherwise); (iv) forge any TCP/IP packet header or any part of the header information in any email, or in any way use the website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the website.
You must access content on the website manually by request and not programmatically by macro or other automated means, such as data mining, robots, or similar gathering and extraction tools. You may not use the contents for any unlawful purpose.
The website may include advertisements, which may be targeted to the content or information on the website, queries made through the website, or information about your visit to the website. The types and extent of advertising by Fusions Beads on the website are subject to change. In consideration for Fusion Beads granting you access to and use of the website, you agree that Fusion Beads and its third party providers and partners may place such advertising on the website or in connection with the display of content or information from the website whether provided by you or others.
Any and all advertising content on the website is the sole responsibility of the business or advertiser who originated such content. While we strive to display attractive ads relevant to you, we may not monitor, control, or take responsibility for such content. Any use or reliance on any content or materials displayed on the website is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications displayed via the website or endorse any opinions expressed via the website. You understand that by using the website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Fusion Beads be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website or elsewhere.
16. INTERACTIVE SERVICES
We may from time to time provide interactive services on our website, including, without limitation: User-maintained help sites, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
17. DISPUTES; GOVERNING LAW AND VENUE
This Agreement, the entire relationship between you and Fusion Beads, and any litigation or other legal proceeding between you and Fusion Beads (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its choice of law rules.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Seattle, Washington before one arbitrator, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the City of Seattle, State of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
18. TERM; TERMINATION
This Agreement will remain in full force and effect while you use the website. Fusion Beads may terminate your right to use this website, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, your use creates legal exposure for us, the website is no longer commercially viable, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
You may end your legal agreement with Fusion Beads at any time for any reason by deactivating your account and discontinuing your use of the website. You do not need to specifically inform Fusion Beads if you stop using the website.
In the event that we determine in our reasonable opinion that you have failed to comply with these Terms, we reserve the right at any time to: Permanently or temporarily disable your account; Permanently or temporarily remove any posting or material uploaded by you to our website; Issue a warning to you; Pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; Take further legal action against you; Disclose such information to law enforcement authorities as we reasonably deem necessary. These responses are not limited, and we may take any other action we reasonably deem appropriate.
The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
If any section of these Terms is deemed invalid, void, or for any reason unenforceable, that section shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
21. ENTIRE AGREEMENT