Terms Of Service

Welcome to the Daryashop Web Site (“Site”).  Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).

Your use of the Site constitutes your agreement to follow and be bound by the Agreement.  We reserve the right to update or modify this Agreement at any time without prior notice.  For this reason, we encourage you to review the Agreement whenever you use the Site.  If you do not agree to these terms, please do not use the Site.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Daryashop 

The Site and the Contents are intended solely for personal, non-commercial use.  You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.  No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

User Comments, Feedback, And Other Submissions

Daryashop is pleased to hear from users and welcomes your comments regarding our products and services.  Daryashop’s longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested.  We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Daryashop’s employees and agents might seem to be similar to creative works submitted by users.  Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business.  If, at our request, you send certain specific submissions (for example by posting comments on our blog) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Daryashop may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Daryashop  Daryashop is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.  Daryashop has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.  You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Daryashop or third parties as to the origin of any Comments.  You are solely responsible for any Comments you make and their accuracy. Daryashop takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through The Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”).  This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Copyright Complaints

Daryashop respects the intellectual property of others.  If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Inaccuracy Disclaimer

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Links To Other Web Sites And Services

The Site may contain links to other Web sites that are not under the control of Daryashop  Daryashop has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site.  Links are provided solely for the convenience and information of the Site’s users.

Disclaimer

The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.  Daryashop expressly disclaims any duty to update or revise the materials on the Site, although Daryashop may modify the materials at any time without notice.  Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site.  Daryashop shall not be liable for any damages of any kind related to your use of the Site.

Indemnification

You agree to defend, indemnify and hold Daryashop harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Choice Of Law

This Agreement shall be construed in accordance with the laws of the State of Oregon , without regard to any conflict of law provisions.  Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Oregon .  The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Daryashop’s right to require strict observance of each of the terms herein.  If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.  This Agreement constitutes the entire agreement between us relating to your use of the Site.

Termination

These terms are effective unless and until terminated by either you or Daryashop  You may terminate this Agreement at any time.  Daryashop also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

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