TERMS and CONDITIONS
Use of the website
This Website is provided solely for your personal use. Any other use of the Website requires the prior written consent of SILVER COAST DESIGNS. Products made available through this Website are manufactured by the respective supplier. Reliance on any information provided on the Website is solely at your own risk. If you have any questions or concerns about medical or health issues, you should contact a medical professional prior to using any products purchased on the Website.
Registration; Usernames and passwords
You agree not to post, transmit, or otherwise make available through or in connection with the Website: any information or materials that are or may be, or the posting, transmission or use of which is or may be: (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) impersonating another person or protected by copyright, trademark, trade secret, right of publicity or privacy or any other third party proprietary right; (vi) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking;”; (vii) any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of material that is not expressly approved by SILVER COAST DESIGNS in advance; or (vii) any personally identifiable information of another individual, without the prior consent of such individual.
Forums and submissions
SILVER COAST DESIGNS may offer features through the Website that enable you to post information and materials publicly, for example, bulletin boards, blog, chat areas, and similar forums (collectively referred to herein as “Forums”). All of the rules of conduct described in the Unauthorized Use provision above apply to the Forums. Additionally, without SILVER COAST DESIGNS’ express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other SILVER COAST DESIGNS Website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through the Website (“Submissions”), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by SILVER COAST DESIGNS without restriction. You grant to SILVER COAST DESIGNS the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Website complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Website. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of SILVER COAST DESIGNS, and SILVER COAST DESIGNS does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Website at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that SILVER COAST DESIGNS has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Website. If you choose to make any of your personally identifiable information or other information publicly available through the forums or otherwise through the website, you do so at your own risk.
Digital millennium copyright act
We respect the intellectual property rights of others, and require that the people who use our Website and products do the same. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) and 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 notice of claims of copyright infringement on the Site can be reached as follows:
SILVER COAST DESIGNS
PO BOX 2892
Hailey, ID 83333
All transactions made through the Website are subject to our acceptance in our sole discretion. SILVER COAST DESIGNS reserves the right, with or without prior notice to: (i) change product or service descriptions, images and references; (ii) limit the available quantity of any product or service; (iii) honor or impose conditions on the honoring of any coupon, coupon code, promotional code, incentive offer or other promotion; (iv) prevent or prohibit any user or customer from making any or all transaction(s); and/or (v) cancel any order or refuse to provide any user or customer with any product or service.
Price and availability of any product or service offered through the Website are subject to change without notice, and SILVER COAST DESIGNS shall not be responsible for errors in the prices or descriptions of such products or services. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.
While SILVER COAST DESIGNS uses reasonable efforts to include up-to-date information on the Website, SILVER COAST DESIGNS makes no warranties or representations as to its accuracy or completeness. SILVER COAST DESIGNS assumes no liability or responsibility for any errors or omissions in the content on the Website. Your use of the Website and Products is at your own risk. The Website, including all content available on or accessed through the Website, is provided “as is.” To the fullest extent permissible by law, SILVER COAST DESIGNS makes no representations or warranties of any kind whatsoever for the content on the Website or products available through the Website or social media. Further, SILVER COAST DESIGNS disclaims any express or implied warranties, including, without limitation, non-infringement, title, merchantability or fitness for a particular purpose. SILVER COAST DESIGNS does not warrant that any materials, content or function contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available is free of viruses or other harmful components. SILVER COAST DESIGNS shall not be liable for the use of the Website, including, without limitation, the content or the products and any errors contained therein.
Limitations of liability
In no event will SILVER COAST DESIGNS, its employees, officers, directors, agents, and representatives be liable under any indirect, incidental, special or consequential damages, theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, regardless of whether or not the possibility of such damages has been disclosed. Under no circumstances shall SILVER COAST DESIGNS be liable for direct damages in excess of the amount paid for the product or service that is the subject of the claim.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the foregoing limitation or exclusion may not apply to you. SILVER COAST DESIGNS is not responsible for any unauthorized access to or alteration of your submissions, transmissions or data, or for any material or data sent or received, or not sent or received. SILVER COAST DESIGNS is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party, or any infringement by a third party of another’s intellectual property, privacy or other rights.
Governing law; Venue