Conditions Of Use
Welcome to www.Crater.com (the "Crater.com site"). The services on this site are
offered to you by Crater Jewellery Design("Crater.com"), and its affiliates subject
to the following conditions. If you visit or shop at the Crater.com site, you accept
these conditions. Please read them carefully. When you use any current or future
Crater.com service or visit or purchase from any business affiliated with Crater.com,
whether or not included in the Crater.com site, you will be subject also to the
guidelines and conditions applicable to such service or business. BY USING THE Crater.com
SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE CONDITIONS
OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE
WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE Crater.com SITE.
Privacy
Please review our Privacy Policy, which also governs your visit to the Crater.com
site, to understand our practices.
Copyright
All content included on the Crater.com site--such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software--is
the property of Crater.com or its affiliates or content suppliers, and is protected
by Canadian and international copyright laws. The compilation of all content on
the Crater.com site is the exclusive property of Crater.com and protected by Canadian
and international copyright laws. All software used on the Crater.com site is the
property of Crater.com or its affiliates or its software suppliers, and protected
by Canadian and international copyright laws.
Licence and Site Access
Crater.com grants you a limited licence to access and make personal use of the Crater.com
site, and not to download (other than page caching) or modify it, or any portion
of it, except with the express written consent of Crater.com. This licence does
not include any resale or commercial use of the Crater.com site or its contents;
any collection and use of any product listings, descriptions, or prices; any derivative
use of the Crater.com 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. The Crater.com site or any portion
of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without the express written consent of Crater.com.
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 Crater.com and our affiliates without express written consent. You may not use
any meta tags or any other "hidden text" utilizing Crater.com's name or trademarks
without the express written consent of Crater.com. Any unauthorized use terminates
the permission or licence granted by Crater.com. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of Crater.com, so
long as the link does not portray Crater.com, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Crater.com logo or other proprietary graphic or trademark as part
of the link without express written permission.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications;
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 a card or other content. Crater.com 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 Crater.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicencable 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 Crater.com and its affiliates and sublicencees 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 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 Crater.com or its affiliates for all claims resulting
from content you supply. Crater.com has the right but not the obligation to monitor
and edit or remove any activity or content. Crater.com takes no responsibility and
assumes no liability for any content posted by you or any third party.
Copyright Complaints
Crater.com 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,
please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
All items purchased from Crater.com are made pursuant to a shipment contract. This
means that the risk of loss and title for such items passes to you upon our delivery
to the carrier.
Product Descriptions
Crater.com and its affiliates attempt to be as accurate as possible. However, Crater.com
does not warrant that product descriptions or other content of the Crater.com site
are accurate, complete, reliable, current, or error-free. If a product offered by
Crater.com itself is not as described, your sole remedy is to return it in unused
condition.
Disclaimer of Warranties and Limitation of Liability
THE CRATER.COM SITE IS PROVIDED BY CRATER.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CRATER.COM 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, CRATER.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. CRATER.COM DOES NOT WARRANT THAT THE CRATER.COM
SITE, ITS SERVERS, OR E-MAIL SENT FROM CRATER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. CRATER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THE CRATER.COM SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE LAWS OF CERTAIN JURISDICTIONS 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 MIGHT NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting the Crater.com site, you agree that the laws of the province of Ontario,
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 Crater.com or its
affiliates.
Disputes
Any dispute relating in any way to your visit to the Crater.com site or to products
you purchase through Crater.com shall be submitted to confidential arbitration in
Ottawa, Ontario, Canada, except that, to the extent that you have in any manner
violated or threatened to violate the intellectual property rights of Crater.com
or its affiliates, Crater.com or its affiliates may seek injunctive or other appropriate
relief in any provincial or federal court in the province of Ontario, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration under this agreement
shall be conducted under the rules then prevailing of the Arbitration and Mediation Institute of Canada.
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, such as our privacy
policy, posted on the Crater.com site. These policies also govern your visit to
the Crater.com site. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. Any changes or revisions will be effective
immediately upon their posting on the Crater.com site. Your use of the Crater.com
site will be subject to the version of the Conditions of Use posted on this site
at the time of such use. Accordingly, you are advised to review the Conditions of
Use prior to using the Crater.com site. YOUR CONTINUED USE OF THIS SITE FOLLOWING
THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH
CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS
OF USE, YOU MAY NOT USE THE Crater.com SITE AND ARE TO DISCONTINUE USE OF THE SITE
IMMEDIATELY. 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.