Terms Of Use

THIS AGREEMENT GOVERNS YOUR USE OF THE ETCHANDBOLTS.COM WEBSITE.

This Web site is owned and operated by etch&bolts Pte. Ltd. (“etch&bolts”). Access and use of this Web site is provided by etch&bolts to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

etch&bolts may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its contents (the “Content”) are intended for customers of etch&bolts. You may not use this Web site or the Content for any purpose not related to your business with etch&bolts. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with etch&bolts; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any etch&bolts product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of etch&bolts and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with etch&bolts, any other use of these Materials without etch&bolts’s written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

© 2014 etch&bolts. All rights reserved.

Privacy

etch&bolts is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

Currency of Web site

etch&bolts updates the information on this Web site regularly. However, etch&bolts cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. etch&bolts may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that etch&bolts monitors or endorses these Web sites. etch&bolts does not accept any responsibility for such Web sites. etch&bolts shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

etch&bolts shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. etch&bolts recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided “As Is”

THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. etch&bolts DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL etch&bolts OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

Indemnification

You agree to indemnify and hold etch&bolts harmless against all claims or liability asserted against etch&bolts arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement

etch&bolts respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide etch&bolts with a written communication addressed to hello@etchandbolts.com including substantially the following information:

1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.description of the copyrighted work or other intellectual property that you claim has been infringed;

3.a description of where the material that you claim is infringing is located on the Web site;

4.your address, telephone number, and email address;

5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

etch&bolts Pte. Ltd.'s replica products are not manufactured or approved by, or affiliated with, the original designers, manufactureres or distributors.

Email

The Internet is not a fully secure medium and any communication may be lost, intercepted or altered. etch&bolts Pte. Ltd. is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

• etch&bolts Pte. Ltd. has no obligation concerning such information;

• the information is non-confidential;

• etch&bolts Pte. Ltd. may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and

• the information is truthful and disclosure of the information does not violate the legal rights of others.

REFERRAL PROGRAM

This Agreement governs your participation in the etch&bolts Pte. Ltd. Referral Program (the “Program”). This Agreement between you and etch&bolts Pte. Ltd. (“etch&bolts Pte. Ltd.”) is in addition to our Terms of Use, our Privacy Policy and all other documents and provisions applicable to the use of http://www.etchandbolts.com (the “Site”).

As a bona fide member of the etch&bolts Pte. Ltd. community, you are entitled to participate in the Program on condition that you accept the terms and conditions of this Agreement by checking the applicable box. If you do not agree to accept and abide by this Agreement, you should not participate in the Program and you will not be paid for referrals. In the event of any inconsistency between this Agreement, the Membership Agreement and the Terms of Use, the terms of this Agreement shall govern.

This may be a temporary program. etch&bolts Pte. Ltd. reserves the right, in its discretion, to change, terminate or modify all or any part of the Program or this Agreement at any time, effective immediately upon notice published on the Site. Your continued participation in the Program after such notice constitutes your binding acceptance of the terms and conditions in this Agreement, including any changes or modifications made by etch&bolts Pte. Ltd. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease participation in the Program.

Rules of the Program

You acknowledge and agree to actively refer potential members to the Site. For each Successful Referral (as defined below) etch&bolts Pte. Ltd. will pay to you a referral fee as set out on the Site from time to time (the “Fee”).

You also acknowledge and agree that as a member of etch&bolts Pte. Ltd. referring potential members to the Site, you may not also be a member of any affiliate marketing network or any other organization or entity that agrees to pay, give, distribute, reward or otherwise provide any kind of benefit to you, in any manner whatsoever, for bringing or referring potential members to the Site.

A “Successful Referral” is one that we determine satisfies each of the following criteria:

• the referred customer (a “Referee”) must not be a current or past member of Etchandbolts.com and must complete, submit and have accepted a valid account membership application;

• the Referee must reach the Site by clicking on the referral assigned to you (the “Referral Links”) through the account dashboard of the Referral Program interface provided to you on Etchandbolts.com and not be a result of you creating spam or doing anything that would bring the Program or Etchandbolts.com into any kind of disrepute;

• the Referee must have cookies enabled on their browser when clicking on your Referral Link to the Site, when reaching the Site, when completing the membership application (otherwise we will not be able to track it).

etch&bolts Pte. Ltd. reserves the right for any reason to refuse any referee application or purchase transaction in its discretion, without notice or any communication to you. Payment of Fees and amendments to the Program are at the sole discretion of etch&bolts Pte. Ltd.. Under no circumstances shall etch&bolts Pte. Ltd. be required to provide you with any information or updates regarding the referee, except to confirm the referral.

You also agree not to use the Referral Links in any manner that could damage, disable, overburden, or impair the Site or any other site, create spam or any other unwanted solicitation, or interfere with any other party’s use and enjoyment of the Site, their own site or other location of the Referral Links. You agree that you will not paste, copy or otherwise impose the Referral Links anywhere without the consent of the proper authority. etch&bolts Pte. Ltd. is not responsible for anything that you do with the Referral Links. You agree not to use any of our trademarks or intellectual property or make any representations, warranties or other statements concerning etch&bolts Pte. Ltd., the Site or any of our products, services or policies, except as detailed in this Agreement.

Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect. Nothing in this Agreement will constitute or be construed as constituting or tending to create an agency, partnership or employer/employee relationship between you and us.

Term and Termination

This Agreement is effective so long as you participate in the Program, your participation is terminated by etch&bolts Pte. Ltd. or until the Program is discontinued by etch&bolts Pte. Ltd., whichever first occurs. The Referral Program or any aspect of it can be discontinued at any time in etch&bolts Pte. Ltd.’s discretion upon notice posted on the Site. Upon posting of such notice, the Program and this Agreement shall be thereby terminated as it relates to you. etch&bolts Pte. Ltd. may terminate this Agreement upon 30 days notice by e-mail at the last address contained in your membership information. You may terminate this Agreement by ceasing to participate in the Program at any time.

Applicable law

This Web site is controlled, operated and administered by etch&bolts Pte. Ltd. from within the Republic of Singapore. This Web site can be accessed from other countries around the world. Different jurisdictions have laws that may differ from those of the Republic of Singapore, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the Republic of Singapore applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Republic of Singapore and acknowledge that you do so voluntarily.

If etch&bolts Pte. Ltd. is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse etch&bolts Pte. Ltd. for its legal fees, costs and disbursements if etch&bolts Pte. Ltd. is successful.

General

etch&bolts Pte. Ltd.’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact etch&bolts Pte. Ltd. at hello@etchandbolts.com.

Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND etch&bolts Pte. Ltd. REGARDING THE REFERRAL PROGRAM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND etch&bolts Pte. Ltd. RELATING TO THE SUBJECT OF THIS AGREEMENT.