By downloading any content from this site, creating a member's account, or making use of any service provided by this site you
agree to be bound by the following:
1. You will not make use of any of the content or features contained herein in part or in whole to harm, harrass, or otherwise
upset any one else.
2. You will not attempt to hack, dissasemble, reverse engineer, or otherwise disrupt the service of the web sites contained in TheBeadCoop.com web site.
3. You will not be lewd, disrespectful, or make use of profane language in any content you upload/post on the web site. The Coop Forums however,
are not subject to this stipulation as long as a disclaimer is posted as the first message in the topic.
4. You will not upload/post any pornographic or otherwise un-acceptable content to the web site.
5. If you have a web site hosted by TheBeadCoop.com you may not post any content which could be considered pornographic, or profane
in any way to your web space.
6. If you have a web site hosted by TheBeadCoop.com you agree to allow the TheBeadCoop.com Watermark javascript to be appended to
any/all pages downloaded from your web space.
7. You understand that unless otherwise specified, all purchases are final and non-refundable.
1. ACCEPTANCE OF TERMS
Welcome to TheBeadCoop.com!. TheBeadCoop.com provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. You can review the most current version of the TOS at any
time at: http://www.thethebeadcoop.com/TOS.asp.
In addition, when using particular TheBeadCoop.com services, you and TheBeadCoop.com shall be
subject to any posted guidelines or rules applicable to such services which may
be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
TheBeadCoop.com currently provides users with access to a rich collection of on-line
resources, including, various communications tools, online forums, shopping
services, personalized content and branded programming through its network of
properties (the "Service"). Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new TheBeadCoop.com
properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that TheBeadCoop.com assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must
obtain access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access device.
Please be aware that TheBeadCoop.com has created certain areas on the Service that contain
adult or mature content. You must be at least 18 years of age to access and view
such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or TheBeadCoop.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete,
TheBeadCoop.com has the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
Please remember that the Service is designed to appeal to a
broad audience. Accordingly, as a legal guardian, it is your responsibility to
determine whether any of the Services and/or Content (as defined in Section 6
below) are appropriate for your child.
4. TheBeadCoop.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, please see our full privacy policy at http://www.thethebeadcoop.com/Privacy.asp.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify TheBeadCoop.com of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your account at
the end of each session. TheBeadCoop.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not TheBeadCoop.com,
are entirely responsible for all Content that you upload, post, email or
otherwise transmit via the Service. TheBeadCoop.com does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may be
exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will TheBeadCoop.com be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
| a. |
upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable; |
| b. |
harm minors in any way; |
| c. |
impersonate any person or entity, including, but not limited to, a TheBeadCoop.com
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; |
| d. |
forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service; |
| e. |
upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); |
| f. |
upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights
("Rights") of any party; |
| g. |
upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those areas
(such as shopping rooms) that are designated for such purpose; |
| h. |
upload, post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment; |
| i. |
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time
exchanges; |
| j. |
interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service; |
| k. |
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law; |
| l. |
"stalk" or otherwise harass another; or |
| m. |
collect or store personal data about other
users. |
You acknowledge that TheBeadCoop.com does not pre-screen Content, but that TheBeadCoop.com and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, TheBeadCoop.com and its designers shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by TheBeadCoop.com or submitted to TheBeadCoop.com, including without limitation
information in TheBeadCoop.com Message Boards, TheBeadCoop.com Clubs, and in all other parts of
the Service.
You acknowledge and agree that TheBeadCoop.com may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of TheBeadCoop.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
8. PUBLIC CONTENT POSTED TO TheBeadCoop.com
(a) For purposes of the TOS, "publicly accessible areas of the Service" are
those accessible by the general public. By way of example, a publicly accessible
area of the Service would include public TheBeadCoop.com Clubs and TheBeadCoop.com Message Boards,
but would not include private TheBeadCoop.com Clubs or private TheBeadCoop.com communication
services such as TheBeadCoop.com Mail or TheBeadCoop.com Messenger.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of TheBeadCoop.com Clubs or that consists of photos or other graphics
you elect to post to any other publicly accessible area of the Service, you
grant TheBeadCoop.com the world-wide, royalty free and non-exclusive license to reproduce,
modify, adapt and publish such Content on the Service solely for the purpose of
displaying, distributing and promoting the specific TheBeadCoop.com Club to which such
Content was submitted, or, in the case of photos or graphics, solely for the
purpose for which such photo or graphic was submitted to the Service. This
license exists only for as long as you elect to continue to include such Content
on the Service and shall be terminated at the time you delete such Content from
the Service.
(c) With respect to all other Content you elect to post to other publicly
accessible areas of the Service, you grant TheBeadCoop.com the royalty-free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part) worldwide and/or
to incorporate it in other works in any form, media, or technology now known or
later developed.
9. INDEMNITY
You agree to indemnify and hold TheBeadCoop.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TheBeadCoop.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded Content
will be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of any
email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on TheBeadCoop.com's servers on your behalf,
and the maximum number of times (and the maximum duration for which) you may
access the Service in a given period of time. You agree that TheBeadCoop.com has no
responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by the
Service. You acknowledge that TheBeadCoop.com reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that TheBeadCoop.com
reserves the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
TheBeadCoop.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that TheBeadCoop.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that TheBeadCoop.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for
lack of use or if TheBeadCoop.com believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. TheBeadCoop.com may also in its sole discretion and
at any time discontinue providing the Service, or any part thereof, with or
without notice. You agree that any termination of your access to the Service
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that TheBeadCoop.com may immediately deactivate or delete your
account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that TheBeadCoop.com shall
not be liable to you or any third-party for any termination of your access to
the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that TheBeadCoop.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because TheBeadCoop.com has no control over such sites and
resources, you acknowledge and agree that TheBeadCoop.com is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that TheBeadCoop.com shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on or
through any such site or resource.
16. TheBeadCoop.com'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by TheBeadCoop.com or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
TheBeadCoop.com grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by TheBeadCoop.com for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TheBeadCoop.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
| b. |
TheBeadCoop.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
TheBeadCoop.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. |
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TheBeadCoop.com SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF TheBeadCoop.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17 and
18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. TheBeadCoop.com shall not be responsible or
liable for the accuracy, usefulness or availability of any information
transmitted via the Service, and shall not be responsible or liable for any
trading or investment decisions made based on such information.
21. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
TheBeadCoop.com, the TheBeadCoop.com logo, TheBeadCoop.com in Chinese Characters,
Without TheBeadCoop.com's prior permission, you agree not to display or use in any manner,
the TheBeadCoop.com Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
TheBeadCoop.com respects the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide TheBeadCoop.com's Copyright Agent the
following information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located
on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
TheBeadCoop.com's
Copyright Agent for Notice of claims of copyright infringement on its site is
Patrick Smith who can be reached as follows: By mail:
Patrick Smith c/o TheBeadCoop.com 18250 Marsh Ln #1305 Dallas, TX 75287 By phone: (972) 902-1421 By email: GetHelp@thebeadcoop.com
24. GENERAL INFORMATION
The TOS constitute the entire agreement between you and TheBeadCoop.com and govern your
use of the Service, superceding any prior agreements between you and TheBeadCoop.com. You
also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The TOS and
the relationship between you and TheBeadCoop.com shall be governed by the laws of the
State of Texas without regard to its conflict of law provisions. You and
TheBeadCoop.com agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Dallas, Texas. The failure of TheBeadCoop.com to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
|