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Terms of Use

Please read these Terms and Conditions of Use carefully before using this website. By using the website “shellskauai.com”  (“The Shell Factory” Website), you agree to be bound by this Agreement: If you do not agree to the terms and conditions of this Agreement, please do not use The Shell Factory Website.

WEBSITE USAGE … The Shell Factory, a retail sales arm of Island Gems & Gallery, Inc., a company incorporated under the laws of the State of Hawaii, U.S.A. (referred to herein as "Island Gems & Gallery, Inc.," "we," "us," and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on The Shell Factory Website.  Your continued use of The Shell Factory Website, following the posting of changes to this Agreement, will mean that you accept those changes.

COPYRIGHT ISSUES … The Shell Factory Website is owned and operated by Island Gems & Gallery, Inc. The contents of our Website are copyrighted under United States copyright laws. Except as stated herein, none of the material on The Shell Factory Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by Island Gems & Gallery, Inc., to access and use The Shell Factory Website, you may download one (1) copy of any particular materials from The Shell Factory Website for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of Island Gems & Gallery, Inc.’s copyright and other proprietary rights.

TRADEMARKS & LOGOS … "The Shell Factory" and any other trademarks, trade names, service marks and logos appearing on The Shell Factory Website are proprietary trademarks of Island Gems & Gallery, Inc. The use of any of our trademarks or any other content made available through the our Website, except as expressly provided in this Agreement, is strictly prohibited

 

 

REGISTRATION – USER NAMES & PASSWORDS … You may be required to register with The Shell Factory in order to access certain areas of The Shell Factory Website, for example, to purchase The Shell Factory products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access The Shell Factory Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to The Shell Factory Website, to any third party.  

 

You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with The Shell Factory Website that occur in connection with your user name. You agree to immediately notify The Shell Factory of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or The Shell Factory Website, and to ensure that you "log off" and exit from your account with The Shell Factory Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

 

PURCHASES / TRANSACTIONS … If you wish to purchase any product through The Shell Factory Website), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information. Any such information provided through The Shell Factory Website will be treated by Island Gems & Gallery, Inc., in accordance with this Agreement.  Verification of information may be required prior to the acknowledgment or completion of any Transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.

Island Gems & Gallery, Inc., reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through The Shell Factory Website are subject to change without notice, and Island Gems & Gallery, Inc., shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to Island Gems & Gallery, Inc., refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through The Shell Factory 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 Transactions.