Terms and Conditions for and Community Guidelines Everyday Mineral Sites
This Web site (the "Site") and all other Web sites owned, operated or maintained directly or indirectly by Everyday Minerals, including, without limitation, tinikiwi.com (the "Everyday Minerals Sites") are provided by Everyday Minerals, Inc. and/or its affiliated companies (collectively "Everyday Minerals") for your information, personal entertainment and commercial and/or non-commercial enjoyment, subject to these Terms and Conditions of Use and all modifications hereto, in addition to all applicable laws and any other policies that may be posted from time to time on the Everyday Minerals Sites applicable to your use of the Everyday Minerals Sites (as amended by Everyday Minerals from time to time, the foregoing being collectively referred to as the "Terms and Conditions").
By using the Everyday Minerals Sites, you are deemed to have agreed to these Terms and Conditions. If you do not agree with these Terms and Conditions, you do not have the right to access or otherwise use the Everyday Minerals Sites and, accordingly, you should not do so. Everyday Minerals may change these Terms and Conditions at any time, with or without cause, and without actual notice to you. Such changed Terms and Conditions shall be posted on the Everyday Minerals Sites. You should check these Terms and Conditions periodically for changes prior to using the Everyday Minerals Sites. By using the Everyday Minerals Sites following any modifications to these Terms and Conditions, you agree to be bound by any such modifications.
The Everyday Minerals Sites are intended and directed to residents of the United States and all advertising and claims contained in the Everyday Minerals Sites are valid only in the United States.
The Everyday Minerals Sites, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of the Everyday Minerals and may not be used in connection with any product or service that is not offered by Everyday Minerals in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Everyday Minerals. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
All web site design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof is protected under US Copyright Laws. The compilation of all content on the Everyday Minerals Sites is the exclusive property of the Company and protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with the Company or using this web site as a shopping resource. Any other use of materials on this Web site - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Everyday Minerals is strictly prohibited.
While we have made every effort to display the colors of our products as accurately as possible, the actual colors you see will depend on your monitor, and we cannot guarantee that your monitor's display of any color will be accurate.
Except as expressly permitted, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Everyday Minerals Sites.
Impersonation of others, including, without limitation, a Everyday Minerals employee, host, or representative, as well as other members or visitors on the Everyday Minerals Sites is prohibited. Users may not upload commercial content on the Everyday Minerals Sites or use the Everyday Minerals Sites to solicit others to join or become members of any other commercial online service or other online or offline organization.
By your posting information, data, text, music, sound, photographs, graphics, video, messages, or other materials on the Everyday Minerals Sites ("User Content") in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Everyday Minerals Sites from time to time, you agree that you are the sole responsible person and/or entity from which such User Content originated. Without limitation of the foregoing, you agree not to use the Everyday Minerals Sites to: (a) upload, post, e-mail, or otherwise transmit any User Content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another's privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals); (b) upload, post, e-mail, or otherwise transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, veteran status or disability; (c) harm any person in any way; (d) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (d) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, e-mail, 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 the Everyday Minerals Sites or any computer software or hardware or telecommunications equipment or any other similarly destructive activity; (f) interfere with or disrupt the Everyday Minerals Sites or servers or networks linked to the Everyday Minerals Sites, or disobey any requirements, procedures, policies, or regulations of networks linked to the Everyday Minerals Sites; (g) 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 rules, regulations, orders, directives and the like having the force of law; (h) upload, post, e-mail, or otherwise transmit any material, or take any other actions with respect to your use of the Everyday Minerals Sites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (i) use the Everyday Minerals Sites for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services; or (j) solicit other guests of the Everyday Minerals Sites to become members of any commercial on line service or other group or organization.
You acknowledge and agree that User Content you view or post on the Everyday Minerals Sites is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You further acknowledge and agree that the views expressed by you and other users do not necessarily reflect the views of Everyday Minerals, and Everyday Minerals does not support or endorse any User Content or any other content or otherwise posted by you or any other user.
You acknowledge that Everyday Minerals does not pre-screen, monitor, review, or edit the User Content posted by you and other users on the Everyday Minerals Sites. However, Everyday Minerals and its designees have the right (but not the obligation) at their sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in Everyday Minerals's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate, or inaccurate. Any or all postings on or through the Everyday Minerals Sites may be purged periodically in Everyday Minerals's sole discretion. Everyday Minerals is not responsible for any failure, non-failure, or delay in removing such User Content. In this regard, you acknowledge that you may not rely on any User Content available on the Everyday Minerals Sites, whether created by Everyday Minerals or submitted to Everyday Minerals.
User Content includes the opinions, statements and other content of third parties, not Everyday Minerals. Everyday Minerals does not endorse any such opinions, statements or other content posted on or accessible through the Everyday Minerals Sites. Everyday Minerals does not assume any obligation or liability with respect to User Content and no confidential or fiduciary understanding or relationship is established by Everyday Minerals's receipt or acceptance of any such materials.
You understand that the technical processing and transmission of the Everyday Minerals Sites may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Everyday Minerals assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the Everyday Minerals Site.
You agree that you will not harvest, collect or store information about the users of the Everyday Minerals Sites or the User Content or use such information for any purpose inconsistent with the purpose of the Everyday Minerals Sites or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
As between Everyday Minerals and you, except for User Content, Everyday Minerals is the sole owner of all content on the Everyday Minerals Sites, including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, typefaces, icons, audio, video and software and other material appearing on the Everyday Minerals Sites ("Everyday Minerals Proprietary Material"). The compilation (meaning the collection, arrangement and assembly) of all Everyday Minerals Proprietary Material on the Everyday Minerals Sites is the exclusive property of Everyday Minerals. The contents of the Everyday Minerals Sites are copyrighted under United States copyright laws. Except as otherwise provided in these Terms and Conditions, you may not use, publish, reproduce, display, create derivative works from, reverse engineer or decompile, distribute, copy, post, upload, transmit or modify the Everyday Minerals Proprietary Material or any portion thereof, for any purpose. You may, however, (1) print a copy of individual screens appearing as part of the Everyday Minerals Sites solely for your personal, non-commercial use or records, provided that any marks, logos, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens, and (2) download material for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in any material included or accessed through the Everyday Minerals Sites and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such materials for any commercial purpose. Modification of the materials appearing on the Everyday Minerals Sites or use of such materials for any other purpose is a violation of Everyday Minerals's copyright and other proprietary rights.
You may be able to link to third party Web sites ("Linked Sites") from the Everyday Minerals Sites. Everyday Minerals is not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein. Everyday Minerals cannot ensure that you will be satisfied with any products or services that you purchase from Linked Sites, since such sites are owned and operated by independent third parties. Everyday Minerals does not make any representations or warranties as to the security of any information you might be requested to give to any third party. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, export and other laws related to the use of such Linked Sites and any content contained thereon. In no event shall Everyday Minerals be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Everyday Minerals reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Everyday Minerals Sites and/or introduce different features or links to different users.
Other sites may link to the Everyday Minerals Sites only through a plain-text link subject to the prior written approval of a duly authorized employee of Everyday Minerals. To seek our permission, please contact us at the address below. Everyday Minerals reserves the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Everyday Minerals Sites, at our discretion, with or without cause, at any time.
VISITORS TO THE EVERYDAY MINERALS SITES AGREE THAT THEIR USE OF THE EVERYDAY MINERALS SITES IS AT THEIR OWN SOLE RISK. THE EVERYDAY MINERALS SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, EVERYDAY MINERALS (INCLUDING ITS AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES) SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE CONTENT OF THE EVERYDAY MINERALS SITES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVERYDAY MINERALS ALSO MAKES NO REPRESENTATIONS AND WARRANTIES AS TO ANY LINKED SITES AND EVERYDAY MINERALS HAS NO LIABILITY OR RESPONSIBILITY WITH RESPECT TO YOUR USE OF SUCH SITES. IN SOME INSTANCES, CONTENT MADE AVAILABLE ON THE EVERYDAY MINERALS SITES MAY REPRESENT THE OPINIONS AND JUDGMENTS OF PROVIDERS OR USERS, SUCH AS USER CONTENT. EVERYDAY MINERALS AND ITS AFFILIATES DO NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE EVERYDAY MINERALS SITES BY ANYONE OTHER THAN AUTHORIZED EVERYDAY MINERALS EMPLOYEES ACTING IN SUCH CAPACITY.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE EVERYDAY MINERALS SITES, INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES OR INJURIES OCCURRING AS A RESULT OF: (1) ANY ERROR, OMISSION, DELETION, OR DEFECT IN THE CONTENT AVAILABLE ON THE EVERYDAY MINERALS SITES, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF RECORDS, INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, INFORMATION OR DATA, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION, OR ANY OTHER CAUSE OF ACTION. EVERYDAY MINERALS DOES NOT WARRANT OR GUARANTEE: (1) THAT ANY PORTION OF THE EVERYDAY MINERALS SITES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE EVERYDAY MINERALS SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
EVERYDAY MINERALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS AVAILABLE ON THE EVERYDAY MINERALS SITES. YOU (AND NOT EVERYDAY MINERALS OR ANY OF ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL EVERYDAY MINERALS OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE EVERYDAY MINERALS SITES, EVEN IF EVERYDAY MINERALS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE EVERYDAY MINERALS SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EVERYDAY MINERALS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING EVERYDAY MINERALS'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
Everyday Minerals controls and operates the Everyday Minerals Sites from our offices in the State of Texas, United States of America. While we invite visitors from all parts of the world to visit the Everyday Minerals Sites, visitors acknowledge that the Everyday Minerals Sites, and all activities available on and through the Everyday Minerals Sites, are governed by the laws of the United States of America and the laws of the State of Texas. We do not represent that materials on the Everyday Minerals Sites are appropriate or available for use in other locations. Persons who choose to access the Everyday Minerals Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Please feel free to contact us via one of the methods described on our Contact Us page. You agree that Everyday Minerals may send notices to you regarding your use of the Everyday Minerals Sites by means of electronic mail, a general notice posted on the Everyday Minerals Sites or by written communication delivered either by overnight courier or US mail to your email or mailing address as appearing in Everyday Minerals's records from time to time.
2. Collection and Use of Information
Personally Identifiable Information
When you visit the Everyday Minerals Sites, you may be asked to provide certain personally identifiable information about yourself ("PII") for certain purposes such as providing the service for which your information was requested, or enhancing your experience on the Everyday Minerals Sites (for a fuller description, see "Use of Your Information" below). PII may include your name, mailing address, e-mail address, and telephone number, and for online transactions, billing and shipping information, and credit card information.
Providing PII to the Everyday Minerals Sites is on a strictly voluntary basis, however, if you opt not to provide the Everyday Minerals Sites with certain PII (See procedures in Article VI below ("Opt-Out")), you may be unable to participate in certain promotions, receive product information, or buy products offered directly or indirectly through the Everyday Minerals Sites.
In some cases, you may be requested to provide the Everyday Minerals Sites with certain information about you that is not personally identifiable, such as your age, zip code, make-up preferences, shopping habits and other buying preferences, product and information preferences, and personal characteristics and other traits ("NPII", and together, with your PII, "Your Information"). We may also collect certain information about your use of the Everyday Minerals Sites and other Web sites linked to the Everyday Minerals Sites, such as the type of Internet browser or computer operating system you are using and the domain name of the Web site from which you linked to the Everyday Minerals Sites.
Use of Your Information
Everyday Minerals may store and process Your Information in order to carry out the purpose for which such information was provided, which purposes you acknowledge includes the general promotion, marketing, and advertising activities related to the products and services that Everyday Minerals makes available from time to time, as well as for purposes ancillary to such promotion, marketing and advertising activities and in connection with any other lawful activity that Everyday Minerals, directly or indirectly, engages in from time to time. Further, you understand and agree that Everyday Minerals has the unrestricted right to use such data for any and all lawful purposes.
When you register on one of the Everyday Minerals Sites, we may ask you to provide your name, e-mail address, mailing address, telephone numbers, and other PII. This allows the Everyday Minerals Sites to maintain a user profile of each user so that we may customize preferences for each specific user, provide a faster method for Web visitors to submit information to Everyday Minerals (and receive back either the information or products desired by each such user), notify users about important functionality changes to the Everyday Minerals Sites and about new products and services offered by Everyday Minerals and special offers that we believe users will find to be valuable, as well as generally allow us to better know our users and possibly tailor any specific features, promotions or other notifications to them.
In addition to the foregoing circumstances, Your Information may be shared with employees, agents, and independent contractors of Everyday Minerals and/or with other third parties with whom Everyday Minerals does business from time to time, including customer support specialists, Web hosting companies, fulfillment companies, and data analysis firms, in connection with services that these individuals or entities perform for Everyday Minerals, for themselves or for any other lawful purpose. PII submitted to Everyday Minerals over the Everyday Minerals Sites in connection with employment inquiries will be used only by Everyday Minerals and its employees, agents, independent contractors and/or other third parties in your application process and as may be required under applicable laws. That said, your information will be provided under a Confidentiality Agreement that will prevent such affiliated business or employee from divulging your PII to any third party.
From time to time you may be able to participate in certain activities on the Everyday Minerals Sites, such as chat rooms or bulletin boards, which will allow you the opportunity to communicate with Everyday Minerals or other users of the Everyday Minerals Sites. Unless otherwise noted, these activities are generally accessible to all users of the Everyday Minerals Sites and any information that you post or otherwise make available through these forums will be non-confidential and known to all other users. Accordingly, please exercise discretion when using these forums. You acknowledge and agree that Everyday Minerals does not review, censor, or in any manner control the content of these forums and consequently Everyday Minerals has no liability or responsibility whatsoever for information made available through these forums and that you will be liable to Everyday Minerals for any liability that we incur as a result of any statement made by you in these forums. Your use of these forums is also subject to Everyday Minerals’ Terms and Conditions of Use and Community Guidelines.
Everyday Minerals is committed to safeguarding and protecting Your Information from loss, misuse or alteration. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and the Everyday Minerals Sites, and the Everyday Minerals Sites and you, will be free from unauthorized access by third parties. So even though we pledge to keep your confidential information private, and not share it with third-parties, Users of the Everyday Minerals Sites use these sites at their own risk, and understand that even though Everyday Minerals may use its best efforts to prevent your information from being accessed in an unauthorized fashion, it may nevertheless happen due to hacking or some other illicit means by a third party.
Everyday Minerals is concerned about the safety of children when they use the Internet. However, the Everyday Minerals Sites are neither directed nor targeted to children under 13 years old. Consistent with the Children's Online Privacy Protection Act of 1998, Everyday Minerals has no intention to knowingly collect any PII (personally identifiable information, such as name, address, telephone number, age or email address) from individuals under the age of thirteen (13) years. If Everyday Minerals learns that a child under the age of 13 years has provided PII (personally identifiable information) to the Everyday Minerals Sites without verifiable parental consent, Everyday Minerals will use commercially reasonable efforts to delete such information from its databases. We strongly encourage parents to monitor their children's use of the Web and we will use our reasonable efforts to delete personally identifiable information that we have received from your under age 13 child from the Everyday Minerals Sites and our files as set forth above if you send us a request as provided under Article VI below.
5. Contacting Us Regarding Your Personally Identifiable Information
If you have previously submitted PII to Everyday Minerals through the Everyday Minerals Sites, and you would like to review, update, or have your PII information deleted from our databases, please contact us via one of the methods described on our Contact Us page.
6. Acceptance Of These Terms; Consent to Processing
7. Disclosure Pursuant to Law
Everyday Minerals may disclose Your Information when required to do so under applicable law.
Everyday Minerals welcomes your feedback, questions, comments and concerns regarding your use of the Everyday Minerals Sites and any third party Web sites linked to the Everyday Minerals Sites. Inquiries regarding the Everyday Minerals Sites may be made by contacting us via one of the methods described on our contact us page. You can also send us your feedback on any third party sites linked to the Everyday Minerals Sites.