AllPiercings.com

Advanced Search
 
 
Categories
Home About Cart Track Your Order Affiliates
 
 
Belly Button Rings
Eyebrow Jewelry
Nose Rings and Studs
Lip Rings and Labrets
Tongue Rings
Nipple Rings and Shields
Toe Rings
Captive Ball Rings
Body Jewelry Accessories
Barefoot Sandals (Foot Thongs)
Non-Piercing Body Jewelry
Fires of DawnŽ Custom Body Jewelry
News
Subscribe to AllPiercings.com
newsletter!


BBBOnLine Reliability Seal

AllPiercings.com \ Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER ON THIS SITE.
 

Table of Contents:

WEBSITE TERMS OF USE
If you do not agree to the Terms of Use, discontinue using the site immediately!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of AllPiercings.com or of other owners used with their permission.

Database Ownership, License, and Use

AllPiercings.com warrants, and you accept, that The Fusion Network, LLC. is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.AllPiercings.com. AllPiercings.com and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

AllPiercings.com grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from AllPiercings.com's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. AllPiercings.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AllPiercings.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. AllPiercings.com does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not AllPiercings.com 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.

Under no circumstances, including, but not limited to, negligence, shall AllPiercings.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if AllPiercings.com or a AllPiercings.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall AllPiercings.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or medical advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to AllPiercings.com and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of AllPiercings.com and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by AllPiercings.com or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of AllPiercings.com or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from AllPiercings.com, and all information to which you have access through password-protected areas of AllPiercings.com's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Indemnification

There are serious potential health risks inherent with body piercing and the manner in which body piercing products are used. Customer agrees to indemnify, defend, and hold harmless The Fusion Network, LLC. and AllPiercings.com from all claims (whether valid or invalid), suits, judgment, proceedings, losses, damages, costs and expenses, of any nature whatsoever (including reasonable attorney's fees) for which The Fusion network, LLC and AllPiercings.com or any of its affiliates may become liable resulting from the use or misuse of any products sold through the AllPiercings.com website. Customer understands that all products sold are new and unused, but are not sterilized.

Health Considerations

At AllPiercings.com, we believe any and all body piercing should be only be performed by a skilled, licensed professional in accordance with all applicable laws governing body piercing, including health and safety laws. By purchasing any of our products, as with any piercing product, you assume the risk of adverse reactions. Some individuals are naturally allergic to some materials used in body jewelry. These individuals should avoid all body jewelry containing such materials. Even surgical grade stainless steel contains a small percentage of nickel. Therefore, individuals with nickel sensitivity, who develop a rash, blisters or other adverse physical reactions to the stainless steel, should only purchase titanium or niobium-based body jewelry.

Prior to use, any and all metals inserted in, or coming in contact with your skin should be sterilized thoroughly and regularly and before each and every use.

Remove all tongue jewelry before eating, drinking or any activity that may result in the swallowing or inhalation of the product. Avoid any activity that may cause impact with teeth or the body or that may cause jewelry catch on other objects. In the event of any signs of reaction to a product, including irritation, redness or infection in or around a piercing, immediately remove the product in question and seek professional medical attention at once.

Shipping Information

AllPiercings.com ships worldwide via United States Postal Service First Class Mail with Electronic Delivery Confirmation. All international orders are shipped via USPS Global Priority Mail. Delivery anywhere within the continental United States and Canada usually takes between 2-7 business days. Please consult the USPS website for delivery times to other areas of the world. In accordance with the United States Patriot Act, we reserve the right to cancel any and all order originating from countries listed in the excluded countries list.

Refund & Return Policy

Due to health and safety concerns, AllPiercings.com ONLY sells new, unused, merchandise. We will not accept returns of any kind for any reason other than defects in workmanship. Any and all products that are returned are immediately destroyed. All defective product claims must be brought to our attention within 24 hours of receipt of the product. AllPiercings.com cannot be responsible for any merchandise that has been handled after 24 hours. Only defective merchandise reported within 24 hours of receipt will be accepted for exchange. ALL OTHER SALES ARE FINAL.

Other Legal Stuff

These Terms of Use will apply to every access to http://www.AllPiercings.com. AllPiercings.com reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from AllPiercings.com will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without AllPiercings.com's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the North Carolina, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate AllPiercings.com and/or its affiliates' intellectual property rights, AllPiercings.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Hoke County, North Carolina. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Hoke County, North Carolina, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.AllPiercings.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at AllPiercings.com's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.AllPiercings.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
 

AFFILIATE AGREEMENT

This agreement describes the entire terms and conditions for participation in the AllPiercings.com Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring web site" refers to the web site from which you will link to us.

AllPiercings.com is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade names, trademarks to all literary works, computer software programs, products, goods and services (including and all future versions thereof) currently entitled the ("Product"). Product refers to the singular as well as the plural.

You can add or remove links any time you wish:

You may add as many links to our site, or remove such links, at any time and without prior approval from AllPiercings.com.

Affiliate Sales Commissions:

If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product or other goods or services sold by AllPiercings.com in the future, AllPiercings.com shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which is set forth in this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased goods or services before tax and excluding returns or cancellations. ("Sales Commission").

The purchase price of qualifying sales will count toward the total sales during the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which AllPiercings.com has received full payment will qualify for the specified referral fee.

The total of such sales in any given month will generate commissions, based upon the following schedule:

AllPiercings.com sends out Commission checks in the amount of 20% on any first tier sales and 5% on any second tier sales, on the fifteenth of every month, on all sales made between the first and last day of the previous month.

Participant can check the status of commissions earned at any time by visiting the affiliate administration area at the link provided on our site.

If a refund is requested by a customer on a qualifying sale, its referral fee will be deducted from the next monthly payment sent to the Participant.

Marketing Restrictions:

Affiliate agrees NOT to utilize any web site design and/or marketing practices that violate legitimate search engine marketing methods, to include the use of "doorway pages", "cloaking" , deceptive page titles and/or descriptions. Any affiliate deemed to be utilizing marketing methods that could be described as "Spam" either in email or web form will be immediately suspended and/or deleted from the AllPiercings.com affiliate program and all accrued/unpaid commissions forfeited.

Spyware & Other Parasitic Software

Any affiliate suspected of a relationship, formal or informal, with any provider of spyware or parasitic software (as judged by any interference with the operation by design of AllPiercings.com and/or its partner sites) is subject to punitive actions by AllPiercings.com, without notice, including but not limited to: suspension of affiliate account; termination of affiliate account; withholding of payments to affiliate; and public notification of affiliate's suspected malfeasance.

Delivery and Order Processing:

AllPiercings.com will be solely responsible for processing every order placed by a customer following a special link from the sponsoring web site. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of AllPiercings.com.

All of the rules, operating procedures and policies of AllPiercings.com regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site. AllPiercings.com reserves the right to reject any order at its sole discretion.

Copyrighted Material:

The participant is solely responsible for ensuring that your reviews and descriptions comply with all applicable copyright and other laws and shall hold AllPiercings.com harmless for any violations thereof.

Customers of AllPiercings.com:

Every customer who purchases a product is deemed to be a customer of AllPiercings.com. AllPiercings.com is not responsible for any representations made by the Participant which contradict our policies.

Pricing and Availability:

All prices shall be established by AllPiercings.com. In case of any price discrepancies, the price charged to the customer will always be the price listed on the web page linked from your sponsoring web site.

Operation of Web site and Processing:

AllPiercings.com will make all reasonable efforts to keep its web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. AllPiercings.com shall not be liable for any of the consequences of service interruptions, which may occur.

Modification and Cancellation:

AllPiercings.com reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications shall be deemed accepted by participant.

Independent Contractors:

Participant of AllPiercings.com's affiliate program are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.

Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either AllPiercings.com or you may terminate this Agreement at any time, with or without cause, without notice of any kind. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the AllPiercings.com Site, and all AllPiercings.com trademarks and logos, other AllPiercings.com Marks and all other materials provided in connection with this Agreement.

We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:

Promote sexually explicit materials;

Promote violence;

Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;

Promote illegal activities; or

Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.

Compliance with Applicable Laws

You are solely responsible for the accuracy and appropriateness of all materials posted on Affiliate's Web Site, and for ensuring that your activities and materials posted on Affiliate's Web Site are not defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold AllPiercings.com harmless for any violations of the foregoing. AllPiercings.com disclaims all liability for these matters.

Limitations of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ALLPIERCINGS.COM WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN IF ALLPIERCINGS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL ALLPIERCINGS.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Mediation & Arbitration

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Hoke County, North Carolina. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Hoke County, North Carolina, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us.

Miscellaneous

Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

Assignment. You may not assign your rights or obligations under this Agreement to any party.

Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina without regard to the conflicts of laws, rules and principles thereof.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

Notices. Any notice required under this Agreement may be given by email, fax or written letter to the number or address you provide.

You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Your Cart
Cart is empty

Your cart is empty.
Special
Gift certificates
Wish List
items: 2
View
Free Shipping
on Orders
Totaling $19.99
Or More!
 
FAQ | Cart | Affiliates | Contact us | Site map | Body Jewelry and Belly Rings
Copyright © 2003-2007 AllPiercings.com, All Rights Reserved.
Terms of Use | Privacy Notice | Resources